- 1 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 200835 OF 2025 BETWEEN: 1. MR. KRISHNA REDDY, SON OF VAIJINATH REDDY, AGED ABOUT 43 YEARS, RESIDING AT GOKUL VILLAGE, BASAVAKALYAN, DIST., BIDAR - 585 327. 2. MR. SANJEEV S/O SAKARAM GAYAKWAD AGED ABOUT 55 YEARS, RESIDING AT MORKHANDI VILLAGE, TALUKA - BASAVAKALYAN, DISTRICT BIDAR - 585 327. 3. BALAJI S/O MANIK JADHAV, AGED ABOUT 44 YEARS, RESIDING AT THALBHOG VILLAGE, TALUKA BASAVAKALYAN, DISTRICT BIDAR - 585 327. 4. MR. RATHIKANT, S/O BABU SIRSIWADI, AGED ABOUT 40 YEARS, RESIDING AT KOHINOOR VILLAGE, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 TALUKA - BASAVAKALYAN, DISTRICT - BIDAR - 585 327. 5. MR. NAVNATH, S/O SOPAN SOLANKI, AGED ABOUT 36 YEARS, RESIDING AT THALBHOG VILLAGE, TALUKA - BASAVAKALYAN, DISTRICT - BIDAR - 585 327. 6. MR. SHIVAKUMAR S/O SHANTHAPPA SHATGAR, AGED ABOUT 44 YEARS, RESIDING AT MANTHAL VILLAGE, TALUKA - BASAVAKALYAN, DISTRICT - BIDAR - 585 327. 7. MR. MAHANTHAYYA, S/O GURULINGAYYA MATHPATHI, AGED ABOUT 55 YEARS, RESIDING AT NARAYANPUR VILLAGE, TALUKA - BASAVAKALYAN, DISTRICT - BIDAR - 585 327. 8. MR. NAGANATH, S/O VAMANRAO JADHAV, AGED ABOUT 54 YEARS, RESIDING AT NEELKANTH VILLAGE, SADHYA SHIVANAGAR COLONY, TALUKA - BASAVAKALYAN, DISTRICT - BIDAR - 585 327. 9. MR. SHRISHAIL S/O VEERAPPA PATIL, AGED ABOUT 48 YEARS, RESIDING AT UJJLAM VILLAGE, - 3 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 TALUKA - BASAVAKALYAN, DISTRICT - BIDAR - 585 327. 10. AKASH, S/O SACHIDANAND PATIL, AGED ABOUT 25 YEARS, RESIDING AT KOHINOOR VILLAGE, TALUKA BASAVAKALYAN, DISTRICT - BIDAR - 585 327. 11. MR. SURESH S/O SRIKANTH MULE, AGED ABOUT 31 YEARS, RESIDING AT JAFFARWADI VILLAGE, TALUKA - BASAVAKALYAN, DISTRICT - BIDAR - 585 327. 12. MR. SANMUKHA, S/O CHINNAYYA SWAMI, AGED ABOUT 33 YEARS, RESIDING AT GHATTHIPPARGA VILLAGE, TALUKA -BASAVAKALYAN, DISTRICT - BIDAR - 585 327. 13. MR. SHIVAJI S/O BHISHMAJI PATIL, AGED ABOUT 39 YEARS, RESIDING AT UJJLAM VILLAGE, TALUKA - BASAVAKALYAN, DISTRICT - BIDAR - 585 327. …PETITIONERS (BY SRI. NARASIMHAN S, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 AND: 1. THE STATE OF KARNATAKA THROUGH BASAVAKALYAN TOWN POLICE STATION, BIDAR, ITS REPRESENTED BY ADDL. SPP, KALABURAGI BENCH - 585 107. 2. MR. MUKUNDA, SON OF VENKOBA RAO, AGED ABOUT 49 YEARS, RESIDING AT VIDYA NAGAR, TALUK AND DISTRICT BIDAR - 585 401. …RESPONDENTS (BY SRI. B.N. JAGADISH, ADDL. SPP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 (528 BNSS OF 2023) OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.11 OF 2022 REGISTERED BASAVAKALYANA TOWN POLICE STATION BIDAR, BY THE RESPONDENT NO.1 POLICE AND C.C.NO.67 OF 2022 REGISTERED FOR OFFENCES UNDER SECTIONS 269 AND 271 OF THE INDIAN PENAL CODE, 1860 AND SECTION 5(3A) OF THE KARNATAKA EPIDEMIC DISEASES ACT, 2020, AGAINST THE PETITIONER, PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE AND JMFC, BASAVAKALYAN IN THE INTERESTS OF JUSTICE AND PASS ANY OTHER ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE ABOVE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. - 5 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayer: "Wherefore, the Petitioners above named most humbly prays that this Hon'ble Court be pleased to quash the entire proceedings in Crime No.11 of 2022 registered Basavakalyana Town Police station Bidar, by the Respondent No.1 Police and C.C.No.67 of 2022 registered for offences under Sections 269 & 271 of the Indian Penal Code, 1860 and Section 5(3A) of the Karnataka Epidemic Diseases Act, 2020, against the Petitioner, pending on the file of the Learned Civil Judge & JMFC, Basavakalyana in the interests of justice and pass any other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the above case, in the interest of justice and equity." 2. Heard Sri. Narasimhan S., learned counsel appearing for the petitioners and Sri. B.N. Jagadish, learned - 6 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 Addl.SPP appearing for respondent No.1 and have perused the material on record. 3. The petition is preferred by accused Nos.2 to 14. 4. Learned counsel appearing for the petitioners submits that issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.6495/2023 dated 24.08.2023, wherein it has held as follows: "1. The petitioner is before this Court seeking for the following reliefs: (i) Quash the final report as against the petitioner/ accused No.1 filed by the respondent Police in Crime No.11 of 2022 registered by respondent No.1 registered for offences under Sections 269 & 271 of the IPC, 1860 and Section 5(3A) of the Karnataka Epidemic Diseases Act, 2020 before the learned Civil Judge & JMFC, Basavakalyan as per Annexure-D. (ii) Quash the FIR in Crime No.11 of 2022 as against the petitioner / accused No.1 for the offences punishable under Sections 269 & 271 of the IPC, 1860 and Section 5(3A) of the Karnataka Epidemic Diseases Act, 2020 filed by respondent No.1 Police as per Annexure-A, pending before the 42nd ACMM Court, Bengaluru. - 7 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 (iii) Quash the proceedings in C.C. No.8434 of 2023 against the petitioner / accused No.1 registered for the offenses punishable under Section 269 & 271 of the IPC, 1860 and Section 5(3A) of the Karnataka Epidemic Diseases Act, 2020 pending before the learned 42nd ACMM (Special Court constituted for adjudication of offences registered against MLAs & MPs). (iv) Pass such other relief as this Hon’ble Court deems fit to grant on the facts and circumstances of the case. 2. Learned counsel appearing for the petitioner submits that the issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.3328/2023, dated 16.6.2023, wherein this Court has held as follows: “The petitioner is before this Court calling in question registration of crime in Crime No.3 of 2022 for offences punishable under Section 5(3A) of the Karnataka Epidemic Diseases Act, 2020 r/w. Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as ‘the Act’ for short), as also the charge sheet filed by the Police on 03-02-2022 in C.C.No.1663 of 2022 before the I Additional Civil Judge (Junior Division) & JMFC, Kanakapura for the aforesaid offences. 2. Facts, in brief, germane are as follows:- The petitioner is the President of the Karnataka Pradesh Congress Committee. A complaint comes to be registered by the Child Development and Protection Officer, Kanakapura Taluk, Ramanagara District on 12-01-2022 alleging that the petitioner /President had organized a rally pertaining to Mekedatu issue and on 10-01-2022 between 11.30 a.m. and 12.30 p.m. visited Vishwodaya High School - 8 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 located in Krishnayyana Doddi Grama, Kanakapura Taluk. During the visit to the school, accused No.2, Head Master of the School in order to enable the children of the school to take a picture with the petitioner pulled out the children from classes and brought them out to the open premises. On this allegation the complaint is registered contending that at the time when the said incident happened Standard Operating Procedure was in place and the action of the petitioner and accused No.2 was in violation of Section 5(3A) of the Karnataka Epidemic Diseases Act and Section 75 of the Act. The complaint becomes a crime in Crime No.3 of 2022. The Police conduct investigation and in a month’s time, file a charge sheet before the concerned Court in C.C.No.1663 of 2022. The learned Magistrate takes cognizance of the offences on 02-07-2022 and issues summons to both the accused. The receipt of summons after taking of cognizance is what drives the petitioner to this Court in the subject petition. 3. Heard Sri Arnav A.Bagalwadi, learned counsel appearing for the petitioner and Sri Mahesh Shetty, learned High Court Government Pleader appearing for respondent No.1. 4. The learned counsel appearing for the petitioner would contend with vehemence that there is no substance in the allegation as the petitioner had not violated any provision of the Karnataka Epidemic Diseases Act as there is no notification issued under the said Act depicting a Standard Operating Procedure. Insofar as offences under the Act, the learned counsel would submit that Section 75 of the Act would become applicable only if the children are in the care and protection of the petitioner. Since neither of the offences can be laid against the petitioner, he seeks quashment of the entire proceedings. - 9 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 5. Per contra, the learned High Court Government Pleader representing the State would refute the submissions to contend that the petitioner has violated the procedure and, therefore, it is a matter of trial for him to come out clean. But, he would admit the fact that in terms of the Karnataka Epidemic Diseases Act, no notification is issued by the State invoking the said Act. 6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record. 7. The issue lies in a narrow compass. What triggers registration of the crime is a rally that was held by the Congress party, the President of which is the petitioner. On 10-01-2022, when the rally was in its motion, the President i.e., the petitioner between 11.30 a.m. and 12.30 p.m. visits Vishwodaya High School. The children of the school came out of their classes and posed for a picture with the President. This incident becomes a crime in Crime No.3 of 2022 for the afore- quoted offences. What is alleged against the petitioner is, violation of the provisions of the Karnataka Epidemic Diseases Act and Section 75 of the Act. The violation is in particular to Section 5(3A) of the Karnataka Epidemic Diseases Act and Section 75 of the Act. Therefore, it becomes germane to notice those provisions of law. Section 5 of the Karnataka Epidemic Diseases Act reads as follows: “5. Prohibition of Contravention or obstruction of Public Servant.—(1) No person, institution or company shall contravene or disobey any of the provisions of Section 4, rules, regulation or order made under this Act. - 10 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 (2) No person shall obstruct any officer or any public servant while acting or purporting to act or discharging any duty in pursuance to any provisions of this Act, rules, regulations or orders made there under. (3) No person shall indulge in any act of violence against a public servant or cause any damage or loss to any public or private property during an epidemic. (3-A) whoever contravenes the provisions of sub-section (1) shall be punished with such fine as may be prescribed in rules or in regulations, which may extend to fifty thousand rupees or with imprisonment for a term which may extend up to three months or with both. (4) Whoever contravenes any of the provisions of sub-section (2) or (3) shall on conviction be punished with imprisonment for a term which shall not be less than three months, but which may extend to five years and with fine, which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees. (5) Whoever, while committing an act of violence against a public servant, causes grievous hurt as defined in Section 320 of Indian Penal Code, 1860 (Act 45 of 1860) to such person, shall be punished with imprisonment for a term which shall not be less than six months, but which may extend to seven years and with fine, which shall not be less than one lakh rupees, but which may extend to five lakh rupees.” (Emphasis supplied) Section 5(3A) mandates that whoever contravenes sub-section (1) shall be punished in terms of sub-section (3A). Sub-section - 11 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 (1) concerns that any person, institution or company contravening or disobeying any provisions of Section 4, Rules or Regulations made under the Act would become an offence and the offence would become punishable under sub-section (3A). 8. Therefore, it becomes germane to notice Section 4 of the Karnataka Epidemic Diseases Act as the contravention of Section 4 would result in an offence under Section 5. Section 4 of the Karnataka Epidemic Diseases Act reads as follows: “4. Power to take special measures and specify regulations as to epidemic disease.—(1) When at any time the Government is satisfied that the State or any part thereof is visited by or threatened with an outbreak of any epidemic disease, the Government may take such measures, as it deems necessary for the purpose, by notification in the Official Gazette specify such temporary regulations or orders to be observed by the public or by any person or class of persons so as to prevent the outbreak of such disease or the spread thereof and require or empower Deputy Commissioner and/or Municipal Commissioners to exercise such powers and duties as may be specified in the said regulations or orders. (2) In particular and without prejudice to the generality of the foregoing provisions, the Government may take measures and specify regulations,— (a) to prohibit any usage or act which the Government considers sufficient to spread or transmit epidemic diseases from person to person in any gathering, celebration, worship or other such activities within the State; (b) to inspect the persons entering the State by air, rail, road, sea or any other means or in - 12 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 quarantine or in isolation, in hospital, temporary accommodation, home or otherwise of persons suspected of being infected with any such disease by the officers authorized in the regulation or orders; (c) to seal State or district borders for such period as may be deemed necessary; (d) to impose restrictions on the operation of public and private transport; (e) to prescribe social distancing norms; (f) to restrict or prohibit congregation of persons in public places and religious institutions; (g) to regulate or restrict the functioning of offices, Government and Private and educational institutions in the State; (h) to impose prohibition or restrictions on the functioning of shops and commercial establishments, factories, workshops and godowns; (i) to restrict duration of services in essential or emergency services such as banks, media, health care, food supply, electricity, water, fuel, etc.,; (j) to restrict social, political, sports, entertainment, academic, cultural or religious functions or gatherings; and (k) such other measures as may be necessary for the regulation and prevention of epidemic diseases as decided by the Government.” Section 4 mandates that in order to take special measures and specify regulations as to epidemic disease, the Government by a notification in the Official Gazette specify such temporary regulations or orders to be observed by the public or by any person or class of persons so as to prevent the outbreak of such disease. Therefore, the fulcrum - 13 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 of Section 4 is issuance of a notification in the Official Gazette notifying temporary regulations or orders. It is after such notification under Section 4, if a person contravenes or disobeys those Regulations so notified, it would become an offence under Section 5 for contravention of Regulations notified under Section 4. 9. It is admitted fact that no notification is issued by the State Government under Section 4 of the Karnataka Epidemic Diseases Act. If there is no notification issued under Section 4, an offence under Section 5 cannot be laid against any person as there is no regulation that a person would contravene as contravention of the Regulations cannot be imaginary. Therefore, the very offence alleged against the petitioner was fundamentally flawed.” 3. This Court in the aforesaid judgment held as follows: 4. In the light of the issue standing covered by the Judgment of this Court, the petition deserves to be succeed. For the aforesaid reasons, the following: ORDER (i) The petition is allowed. (ii) The proceedings in C.C. No.8434 of 2023 against the petitioner/ accused No.1 registered for the offenses punishable under Section 269 & 271 of the IPC, 1860 and Section 5(3A) of the Karnataka Epidemic Diseases Act, 2020 pending before the learned 42nd ACMM (Special Court constituted for adjudication of offences registered against MLAs & MPs), stands quashed." 5. In the light of the co-accused getting the benefit of the aforesaid order, which would squarely become applicable to the case of other accused as well and in the light of the - 14 - HC-KAR NC: 2025:KHC-K:3289 CRL.P No. 200835 of 2025 reasoning and the crime so registered against the present accused also stands quashed on the very reasons rendered by this Court supra, the petition deserves to succeed. Hence, the following: ORDER i) The petition is allowed; ii) The proceedings in C.C.No.67/2022 (arising out of Crime No.11/2022 registered in Basava Kalyana Town Police Station) against the petitioners for the offences punishable under Sections 269 and 271 of the IPC, 1860 and Section 5(3A) of the Karnataka Epidemic Deceases Act, 2020 pending before the learned Civil Judge & JMFC, Basavakalyana, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE YN List No.: 19 Sl No.: 1 CT: BHK