- 1 - NC: 2025:KHC-D:934 CRL.P No. 102708 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102708 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MR. KHASIM PEER C/O. SANA KASIM AGE. 34 YEARS, R/O. 22ND WARD NIYAZI NAGAR ASHRAYA COLONY, TQ. HOSAPETE, DIST. VIJAYNAGAR. 2. MR. FIROZ KHAN E S/O. H. HAMEED KHAN @ AHAMAD KHAN H., AGE. 55 YEARS, OCC. MP PRAKASH NAGAR, BELLARY BY PASS ROAD, TQ. HOSAPETE, DIST. VIJAYNAGAR. 3. MR. DADA KALANDAR S/O. RAFEE @ MOHAMMED RAFIQ, AGE. 27 YEARS, R/O. 12TH WARD TIPPU NAGAR, CHITWADGI, TQ. HOSAPETE, DIST. VIJAYNAGAR. 4. MR. MOHAMMED TAJUDDIN S/O. SAYED MEERAN AGE. 38 YEARS, R/O. 22ND WARD, 1ST CROSS ARVIND NAGAR, TQ. HOSAPETE, DIST. VIJAYANAGAR. 5. MR. MEHABUB BASHA B.R @ BASHA B R S/O. B. RAZAK SAHEB @ REHMAN SAB, AGE. 31 YEARS, R/O. MP PRAKASH NAGAR, BELLARY BY-PASS ROAD, TEACHERS COLONY, TQ. HOSAPETE, DIST. VIJAYNAGAR. 6. MR. SHAIKA FAYAZ AHAMAD S/O. SHAIKA MEHABOOB BASHA, AGE. 35 YEARS, OCC. SR NAGAR NOORANI MASJID, TQ. HOSAPETE, DIST. VIJAYNAGAR. …PETITIONERS (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.23 11:47:00 +0530 - 2 - NC: 2025:KHC-D:934 CRL.P No. 102708 of 2024 AND: THE STATE OF KARNATAKA THROUGH HOSPET RURAL P.S, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.1270/2021 PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC, HOSAPETE, VIJAYANAGARA WHEREIN THE CHARGE SHEET IS FILED AGAINST THE PRESENT PETITIONERS/ACCUSED NO.1 TO 6 FOR THE OFFENCE P/U/SEC. 5(1), 5(4), OF EPIDEMIC DISEASES ACT AND 269 OF IPC (HOSAPETE RURAL POLICE STATION CRIME NO.34/2021) IN SO FAR AS THE PRESENT PETITIONERS (ACCUSED NO.1 TO 6) ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners are being prosecuted for offences punishable under Sections 5(1) and 5(4) of the Karnataka Epidemic Diseases Act, 2020, and Section 269 of the Indian Penal Code, 1860. 2. The prosecution’s case is that during the second wave of the COVID-19 pandemic, the Government issued an order dated 26.04.2021 to prevent the spread of the disease, maintain public health, and ensure law and order. This order restricted public - 3 - NC: 2025:KHC-D:934 CRL.P No. 102708 of 2024 movement. The accused allegedly violated the said government order by being found roaming on two-wheeler motorcycles. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent-State. 4. The alleged incident occurred on 13.05.2021, the charge sheet was filed on 15.06.2021, and cognizance was taken on 22.07.2021. Section 9 of the Karnataka Epidemic Diseases Act governs cognizance, investigation, and trial of offences. 5. Clause (ii) of Section 9 mandates that any case registered under Section 5 or Section 6 must be investigated by a police officer not below the rank of Inspector. Clause (iii) further stipulates that the investigation of such cases must be completed within 30 days from the date of FIR registration. 6. In this case, the FIR was registered on 13.05.2021, and the investigation was completed with the charge sheet being filed on 15.06.2021, which was beyond the statutory 30-day period. 7. Moreover, the prosecution has not presented any substantive evidence to prove that the petitioners were diagnosed with COVID-19 or that they contributed to the spread of the disease to the public at large. 8. Consequently, the filing of the charge sheet and the taking of cognizance of the alleged offences are vitiated due to non-compliance with Clause (iii) of Section 9 of the Karnataka - 4 - NC: 2025:KHC-D:934 CRL.P No. 102708 of 2024 Epidemic Diseases Act. Thus, the continuation of criminal proceedings against the petitioners/accused Nos. 1 to 6 would constitute an abuse of the process of law. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.1270/2021 pending on the file of the II Additional Civil Judge & JMFC, Hosapete, insofar as it relates to petitioners/accused Nos.1 to 6, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 3 Sl No.: 3