- 1 - HC-KAR NC: 2025:KHC-D:10578 CRL.P No. 103257 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103257 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. MAHESWARAPPA S. LATE SIDDAPPA, AGE. 75 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 2. BASAPPA Y. KALLAPPA, AGE. 68 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 3. NAGAPPA H. LATE VERANNA, AGE. 53 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 4. GURUSIDDAPPA S. LATE SHIVAPPA, AGE. 64 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI, VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 5. THIMMAPPA M. LATE HULUGAPPA, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 6. SIDDAPPA H. BASAVARAJAPPA H., AGE. 53 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 7. KOTEPPA CHOUKALI LATE DODDAMAYLAPPA, AGE. 53 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10578 CRL.P No. 103257 of 2025 8. HALAPPA H. LATE BASAVANAGOUDA, AGE. 63 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 9. UPPARA BANNIKALLAPPA BHARAMAPPA, AGE. 68 YEARS, OCC. AGRICULTURE, R/O. BAVIHALLI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 10. SWARUPANANNDA SWAMY HM LATE MALLIKARJUNAYYA @ MALLINATHA, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 11. VAGESH T. VIRUPAKSHAPPA, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 12. NAGAPPA DV GURUPADAPPA, AGE. 68 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 13. PAKKIRAPPA K. SIDDAPPA, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 14. UMESHAYYA HM LATE SHEKHARAYYA, AGE. 33 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 15. SURESHA M. HULAGAPPA, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 16. MAHABALESWARA R. LATE LAXMAPPA, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. - 3 - HC-KAR NC: 2025:KHC-D:10578 CRL.P No. 103257 of 2025 17. RUDRAGOUDA M. KOTESHAGOUDA, AGE. 37 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 18. KOTREPPA B. LATE GURUSIDDAPPA, AGE. 73 YEARS, OCC AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. 19. BASAVARAJA B. SIDDALINGAPPA, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. HOLAGUNDI VILLAGE, TQ. HADAGALI, DIST. VIJAYANAGARA. … PETITIONERS (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE INSPECTOR OF POLICE, HADAGALI POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 001. 2. NAGARAJA, AGE. 35 YEARS, OCC. POLICE OFFICER, R/O. HADAGALI POLICE STATION, HADAGALI-583 219, TQ. HADAGALI, DIST. VIJAYANAGARA-591 222. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.150/2022 ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C. HADAGALI (HADAGALI PS CRIME NO.14/2022) REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 269, 353, 341, 114 OF IPC AND SECTION 5 OF KARNATAKA EPIDEMIC DECEASES ACT, 2020, VIDE ANNEXURE-A IN RESPECT OF PETITIONERS/ACCUSED NO.1 TO 6 AND 8 TO 15, 17, 18 AND 20 TO 22, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:10578 CRL.P No. 103257 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 18 and 20 to 22 are before this Court with a prayer to quash the entire proceedings in C.C. No.150 of 2022 pending before the Court of Civil Judge and JMFC, Hadagali arising out of Crime No.14 of 2022 registered by Hadagali Police Station, Vijayanagara District for offences punishable under Sections 269, 353, 341, 114 of the IPC and Section 5 of the Karnataka Epidemic Diseases Act, 2020. 2. Learned counsel for the petitioners submits that the allegation against all the accused is similar in the charge sheet. This Court in Criminal Petition No.101058/2025 has already quashed further proceedings as against accused No.19. Accordingly, he prays to allow the petition. 3. Per contra, learned HCGP does not dispute the submission made by the learned counsel for the petitioners. - 5 - HC-KAR NC: 2025:KHC-D:10578 CRL.P No. 103257 of 2025 4. Accused No.19 had approached this Court in Criminal Petition No.101058 of 2025, which was allowed by this Court, by order dated 27.02.2025, wherein at paragraph Nos.5 to 7 of the said order, it has been observed as follows: “5. The prosecution has not produced any material evidence to show that the petitioner was infected with the COVID-19 virus or that he acted negligently or unlawfully in a manner likely to spread a dangerous disease. Consequently, there is no basis for establishing the offence under Sections 268 and 269 of the IPC. 6. Section 5 of the Karnataka Epidemic Diseases Act prohibits any contravention or obstruction of the provisions laid down in Section 4, which must be strictly followed by all persons. Additionally, Section 9 of the Act requires that any investigation under Sections 5 or 6 be completed within thirty days from the registration of the First Information Report. In this case, the petitioner has been arraigned solely based on statements from police personnel, with no private witness testimony to substantiate that he violated the prohibitory orders. 7. In the absence of any evidence or specific allegations, the continuation of criminal proceedings against the petitioner amounts to an abuse of the process of law.” - 6 - HC-KAR NC: 2025:KHC-D:10578 CRL.P No. 103257 of 2025 5. The allegations against the petitioners and accused No.19 is similar in the charge sheet. Under these circumstances, I am of the opinion that the prayer made in the petition needs to be answered affirmatively. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in C.C. No.150 of 2022 pending before the Court of Civil Judge and JMFC, Hadagali arising out of Crime No.14 of 2022 registered by Hadagali Police Station, Vijayanagara District for offences punishable under Sections 269, 353, 341, 114 of the IPC and Section 5 of the Karnataka Epidemic Diseases Act, 2020 stands quashed against the petitioners herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH, VNP CT:BCK LIST NO.: 1 SL NO.: 57