Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 84448 (KAR)

SHIVAYOGI S/O RAJSHEKHAR HIREMATH v. THE STATE OF KARNATAKA

CRL.P/104423/2025 · 2025-11-17

S Rachaiah

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:15644 CRL.P No. 104423 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104423 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHIVAYOGI S/O. RAJSHEKHAR HIREMATH, AGE. 40 YEARS, OCC. BUSINESS, R/AT. NALWAD GALLI, GADAG-582 101. 2. RAJU @ MUTURAJ @ RAJASHEKHAR S/O. BASAVAJ MUDHOL, AGE. 44 YEARS, OCC. BUSINESS, R/AT. VIVEKANAND NAGAR, GADAG-582 101. 3. SANJU S/O. CHANNAVIRAPPA CHATTI, AGE. 26 YEARS, OCC. AUTO DRIVER, R/AT. BETAGERI MANJUNATH NAGAR, KANAVI POLT, GADAG-582 101. 4. SHIVKUMAR @ SHIVU S/O. SHIDDAPPA PATTANSHETTI, AGE. 48 YEARS, OCC. BUSINESS, R/AT. OCCALGERI ONI, GADAG-582 101. 5. SIDDU @ SIDAPPA S/O. MAHANTESH PALLEDA, AGE. 37 YEARS, OCC. BUSINESS, R/AT. GADAG HANAGI JEEN, VENKATESH TALKIES ROAD, GADAG-582 101. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:15644 CRL.P No. 104423 of 2025 6. RAVIRAJ @ VIRAJ S/O. MALLIKARJUN PATTANSHETTI, AGE. 28 YEARS, OCC. STUDENT, R/AT. GADAG JODA, NEAR MARUTI, GADAG-582 101. …PETITIONERS (BY SRI. GOURISHANKAR S.MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, GADAG TOWN POLICE STATION, GADAG REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.7, 8, 33, 36, 52 AND 66/PETITIONERS AS INITIATED BY GADAG TOWN POLICE STATION IN CRIME NO.20/2022 PENDING BEFORE THE 1ST ADDL. CIVIL JUDGE AND JMFC I COURT, AT: GADAG IN C.C. NO.2998/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 188, 269, 268 OF IPC AND UNDER SECTION 51 OF DISASTER MANAGEMENT ACT, 2005. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:15644 CRL.P No. 104423 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Learned High Court Government Pleader is directed to take notice for respondent-State. 2. The petitioners/accused Nos.7, 8, 33, 36, 52 and 66 are before this Court seeking to quash the entire proceedings in Crime No.20/2022 of respondent-police for the offences punishable under Sections 268, 269, and 188 of the Indian Penal Code, 1860 read with Section 51 of the Disaster Management Act, 2005. Brief facts of the case: 3. The case of the prosecution is that, on 19.02.2022, the petitioners were celebrating Chatrapati Shivaji Jayanti during the Covid-19 pandemic in violation of the order passed by the Deputy Commissioner. - 4 - HC-KAR NC: 2025:KHC-D:15644 CRL.P No. 104423 of 2025 4. Heard Sri. Gourishankar S. Mot, learned counsel for petitioners and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State. 5. Learned counsel for the petitioners submits that the Co-Ordinate Bench of this Court in Criminal Petition No.102448/2024 quashed the entire proceedings against 56 petitioners who arrayed as accused in the same crime number vide its order dated 16.01.2025. 6. Learned High Court Government Pleader for respondent-State vehemently opposed the submission made by the learned counsel for the petitioners. 7. Having considered the submissions of the learned counsel for the respective parties and also on perusal of the judgment passed by the Co-Ordinate Bench of this Court, it is approporiate to extend the said benefit to the present petitioners also who arrayed as accused Nos.7, 8, 33, 36, 52 and 66. 8. Hence, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC-D:15644 CRL.P No. 104423 of 2025 ORDER (i) The petition is allowed. (ii) The entire proceedings in CC No.2998/2023 pending on the file of I Additional Civil Judge and JMFC-I Court, Gadag, insofar as petitioners are concerned, are hereby quashed. (iii) In view of disposal of main petition, pending applications, if any, stands disposed off. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 34