- 1 - HC-KAR NC: 2025:KHC-D:10553 CRL.P No. 102790 of 2024 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. 102790 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. SHARANAPPA S/O BASALINGAPPA GAJENDRAGAD, AGE. 34 YEARS, OCC. SHOP EMPLOYEE, R/O. HANUMANAL VILLAGE, TQ. KUSHTAGI, DIST. KOPPAL-583 226. … PETITIONER (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP/BY ITS SPP, HIGH COURT OF KARNATAKA, BENCH DHARWAD, (THROUGH HANUMASAGAR P.S.) 2. ASHOK BEVOOR, OCC. PSI HANUMASAGAR P.S., AGE. 34 YEARS, TQ. KUSHTAGI, DIST. KOPPAL-583 226, REP. BY SPP, HIGH COURT, DHARWAD BENCH. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 AND R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS PERTAINING TO C.C. NO.609/2021 PENDING ON THE FILE OF LEARNED ADDL. CIVIL JUDGE (JR. DVN) AND J.M.F.C. KUSHTAGI IN CONNECTION WITH CRIME NO.39/2021 REGISTERED BEFORE HANUMASAGAR P.S. FOR AN OFFENCE PUNISHABLE UNDER SECTION 5(1)(4) OF THE KARNATAKA EPIDEMIC DECEASES ACT 2020 AND SECTION 269 OF IPC BY ALLOWING THE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10553 CRL.P No. 102790 of 2024 THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court with a prayer to quash the entire proceedings in C.C.No.609/2021 pending before the Court of Addl. Civil Judge & JMFC, Kushtagi arising out of Crime No.39/2021 registered by Hanumasagar Police Station, Koppal District for the offence punishable under Section 5(1)(4) of the Karnataka Epidemic Diseases Act, 2020 and Section 269 of IPC against him. 2. Heard the learned counsel appearing for the parties. 3. The allegation against the petitioner is that on 01.05.2021 at about 5.15 p.m, it was found he had opened his grocery shop for the purpose of business and thereby he had violated the then prevailing restriction issued due to Covid-19 pandemic. It is the case of the prosecution that the petitioner had violated the prohibitory - 3 - HC-KAR NC: 2025:KHC-D:10553 CRL.P No. 102790 of 2024 order and was in indulged in carrying on business in his grocery shop. 4. The afore-narrated facts are not in dispute and requires no reiteration. Section 269 of the IPC reads as under: “269. Negligent act likely to spread infection of disease dangerous to life.—Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.” 5. Section 269 of the IPC makes one guilty of the offence, if by unlawful or negligent act of any person, results in likelihood of spread of infection of certain diseases, which is dangerous to life. There is no allegation of the kind against the petitioner as is indicated in Section 269 of the IPC that, due to such an act of the petitioner, there was spreading of disease. 6. In the case of Mr.Vishwesh Madane V/s. The State of Karnataka, Tarikeri Police Station in - 4 - HC-KAR NC: 2025:KHC-D:10553 CRL.P No. 102790 of 2024 Crl.P.NO.5185/2021 disposed on 19.07.2021 this Court has held as follows: “7. The complainant on receipt of credible information has lodged a complaint, which has resulted in registering FIR against the accused persons for the offence punishable under Section 80 of the Karnataka Police Act, 1963, Sections 269 and 271 of IPC and Section 5(1) of the Karnataka Epidemic Diseases Act, 2020. 8. Reading of the complaint averments would clearly go to show that the ingredients for the purpose of attracting Section 269 of IPC is completely absent. The petitioners were all found in a hotel room and therefore, it cannot be said that they were guilty of unlawfully or negligently doing any act which they know or they have reason to believe that it is likely to spread the infection of any disease dangerous to life. It is not the case of the prosecution that any one of the accused persons had tested Positive for COVID-19 and in the absence of any such material, the offence under Section 269 of IPC cannot be prima facie invoked as against the accused persons. 9. In the judgment relied upon by the learned counsel for the petitioner in Crl.A.No.453/2020 rendered by the High Court of Bombay, Nagpur Bench, it has been held that unless the ingredients, which would attract Section 269 of IPC, are found in the complainant averments, the said provision of law cannot be invoked. Further, this Court in Criminal Petition No.2089/2021 DD 08.07.2021 has held that deliberate attempt to invoke Section 269 of IPC with an intention to avoid obtaining permission under Section 155(2) of Cr.P.C. for registration of a case for non-cognizable offences cannot be permitted. Except Section 269 of IPC, the other offences invoked in the present case are all noncognizable in nature and therefore, prior permission under Section 155(2) of Cr.P.C. is mandatory in nature. In the case on hand, such permission has not been obtained by the prosecution. Further, though it is alleged that the petitioner was indulged in a game of chance, the - 5 - HC-KAR NC: 2025:KHC-D:10553 CRL.P No. 102790 of 2024 complaint averments do not state as to how the prosecution has come to a conclusion that the game of cards allegedly played by the petitioner was a game of chance and not a game of skill.” 7. Insofar as the offence punishable under Section 269 of IPC is concerned necessary ingredient for the purpose of providing the said offence is completely absent in the present case. It is not the case of the prosecution that anyone got affected because of the petitioner opening the grocery shop. It is also not the case of the prosecution that either the petitioner or anyone of person, who came near his shop were infected with Covid-19 disease. Under these circumstances, I am of the opinion that, continuation of the impugned proceedings as against the petitioner would amount to abuse of process of law. 8. Accordingly, the criminal petition is allowed. The entire proceedings in C.C.No.609/2021 pending before the Court of Addl. Civil Judge & JMFC, Kushtagi arising out of Crime No.39/2021 registered by Hanumasagar Police Station, Koppal District for the offence punishable under Section 5(1)(4) of the Karnataka Epidemic Diseases Act, - 6 - HC-KAR NC: 2025:KHC-D:10553 CRL.P No. 102790 of 2024 2020 and Section 269 of IPC is quashed as against the petitioner. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS/CT:BCK LIST NO.: 1 SL NO.: 67