- 1 - NC: 2025:KHC-D:166 CRL.P No. 103401 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103401 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SANGAPPA S/O SHIVAPPA HALLIGUDI, AGE: 50 YEARS, OCC: AGRICULTURE, RAMDURGA VILLAGE, TQ: KANAKAGIRI, DIST: KOPPAL-583 283. 2. SATTYAPPA S/O DURGAPPA BHOVI, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: GOURIPURA VILLAGE, TQ: KANAKAGIRI, DIST: KOPPAL-583 283. 3. PAMANNA S/O MALLAPPA ARALIGANUR, AGE: 42 YEARS, OCC: AGRICULTURE, TQ: KANAKAGIRI, DIST: KOPPAL-583 283. 4. DURAGAPPA S/O LAXAMAVVA DODDAMANI, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: BAILALAKKAPUR, TQ: KANAKGIRI, DIST: KOPPAL-583 283. 5. SHANTHAPPA S/O MUKAPPA BASARIGIDAD, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: 7TH WARD, KANAKAGIRI, TQ: KANAKGIRI, DIST: KOPPAL-583 283. 6. VENKATESHA S/O KENCHAPPA HAIRIJAN, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: NEERULUTI, TQ: KANAKAGIRI, DIST: KOPPAL-583 283. 7. SANNA HANUMANTHAPPA S/O MARIYAPPA MADIGA, AGE: 38 YEARS, OCC: AGRICULTURE, HULIHYDER VILLAGE, TQ: KANAKAGIRI, DIST: KOPPAL-583 283. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:50 +0530 - 2 - NC: 2025:KHC-D:166 CRL.P No. 103401 of 2024 8. KENCHAPPA S/O NINGAPPA DODDAMANI, AGE: 39 YEARS, OCC: AGRICULTURE, HERIKEDA VILLAGE, TQ: KANAKAGIRI, DIST: KOPPAL-583 283. 9. RAKESH S/O BASAVARAJ KAMPLI, AGE: 26 YEARS, OCC: AGRICULTURE, TQ: KANAKAGIRI, DIST: KOPPAL-583 283. 10. KANAKAPPA S/O VEERUPANNA MEGADI, AGE: 30 YEARS, OCC: AGRICULTURE, KANAKGIRI, TQ: KANAKAGIRI DIST: KOPPAL-583 283. … PETITIONERS (BY SRI. K. ANANDKUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA, SPP, HIGH COURT OF KARNATAKA, DHAWAD, REPT. KANAKAGIRI POLICE STATION, KANAKAGIRI, DIST: KOPPAL-583 283. … RESPONDENT (BY SRI. T. HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE CHARGE SHEET IN CRIME NO.14/2022 OF THE RESPONDENT KANAKAGIRI POLICE STATION, THE ORDER DATED 16.06.2022 TAKING COGNIZANCE FOR THE OFFENCE U/S 143, 341, 269, 270, 283 R/W SECTION 149 OF IPC AGAINST THE PETITIONERS/ACCUSED NO.1 TO 10 AND ALL FURTHER PROCEEDINGS IN CC NO.1709/2022 PENDING ON THE FILE OF LEARNED ADDL. CIVIL JUDGE AND JMFC COURT GANGAVATHI. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC-D:166 CRL.P No. 103401 of 2024 ORAL ORDER 1. The petitioners have been charge-sheeted for offenses punishable under Sections 143, 341, 269, 270, 283, read with Section 149 of the Indian Penal Code. 2. The case of the prosecution is that during the COVID- 19 pandemic, the petitioners took out a procession in public to protest against the insult to a photo of Dr. B.R. Ambedkar in the District Court premises at Raichur. The prosecution claims that a code of conduct and guidelines had been issued, directing the general public to maintain physical distance to prevent the spread of the COVID-19 virus. However, a large number of persons participated in the procession, disregarding the guidelines issued by the government. 3. The issue involved in this petition has been considered by a Coordinate Bench of this Court in Crl.P. No. 100067/2023, decided on 25.07.2023, wherein it was held that, in the absence of any material collected by the investigating agency to establish that the petitioners’ procession led to the infection of any person with the COVID-19 virus, the proceedings against the petitioners were to be quashed. In the present case, the prosecution has not provided any cogent material to establish that the persons who participated in the procession were infected with the virus, nor has it been shown that the procession led to the infection of others. 4. Therefore, the essential elements to constitute the aforesaid offenses against the petitioners are conspicuously - 4 - NC: 2025:KHC-D:166 CRL.P No. 103401 of 2024 absent, and the continuation of the criminal proceedings against them would amount to an abuse of the process of law. 5. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.1709/2022 pending on the file of the Additional Civil Judge and JMFC, Gangavathi, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS CT:BCK List No.: 2 Sl No.: 2