- 1 - HC-KAR NC: 2026:KHC:28780 WP No. 14243 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 14243 OF 2021 (GM-RES) BETWEEN: DR B SHRINIVAS KAKKILAYA S/O B VISHNU KAKKAILAYA AGED ABOUT 56 YEARS R/AT AKSHAYA, DOOR NO 3E -19-1615/12 KADRI KAIBATTALU, VIA ALVARIES ROAD KADRI MANGALURU - 575 004. …PETITIONER (BY SRI SACHIN B S., ADVOCATE A/W SRI ANIKETH K.V., ADVOCATE) AND: 1. RYAN ROSARIO S/O DONALD ROSARIO AGED ABOUT 25 YEARS R/O CASA DE ROSARIO S L MATHAIS ROAD, PALNIR, MANGALURU CITY, DAKSHIN KANNADA - 575 001, KARNATAKA. 2. THE STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER EAST, KADRI POLICE STATION MANGALORE CITY - 575 001 STATE PUBLIC PROSECUTOR Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28780 WP No. 14243 of 2021 HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENTS (BY SRI JEEVAN K., ADVOCATE FOR R1 (AB); SRI RAJATH SUBRAMANYAM, HCGP FOR R2 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.579/2021 ON THE FILE JMFC VI COURT, MANGALURU AS PER ANNEXUE-A, REGISTERED FOR THE OFFENCE PUNISHABLE U/S 269 OF IPC AND SECTION 4, 5 AND 9 OF KARNATAKA EPIDEMIC DISEASES ACT 2020GRANT AN INTERIM ORDER TO STAY ENTIRE PROCEEDINGS IN CC.NO.579/2021 ON THE FILE OF THE COURT OF JMFC VI AT MANGALURU, REGISTERED FOR THE OFFENCE PUNISHABLE U/S 269 OF IPC AND SECTION 4, 5 AND 9 OF KARNATAKA EPIDEMIC DISEASES ACT 2020. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This petition is filed seeking for following reliefs: "I. Issue a Writ of Certiorari or for other appropriate Writ or Order, quashing the entire proceedings in C.C No. 579/2021 on the file JMFC VI Court, Mangaluru as per Annexure-A, registered for the offence punishable under Section 269 of IPC, and Section 4, 5 & 9 of Karnataka Epidemic Diseases Act 2020. - 3 - HC-KAR NC: 2026:KHC:28780 WP No. 14243 of 2021 II. Issue any other writ or order or direction that deems fit to grants in the circumstances of the case in the interest of justice and equity." 2. Matter was heard on previous occasion wherein Sri BS Sachin, learned counsel for petitioner had submitted as follows: " It was submitted, petition was filed for quashing of entire proceedings in CC no.579/2021 on file of JMFC VI Court, Mangaluru, as per Annexure-A, for offences punishable under Sections 269 of IPC and Sections 4, 5 and 9 of Karnataka Epidemic Diseases Act, 2020 (Act). It was submitted, as per complaint on 18.05.2021, petitioner was found to have visited Jimmy's Super Mart on Kadri-Nantur Road, Mangalore, without wearing mask leading to initiation of proceedings. It was submitted that Section 4(1) of Act mandates issuance of a notification in official gazette by Government, notifying outbreak of epidemic, but no notification was issued. Further, sub-section 4 of Section 5 prescribes punishment for offences enumerated in sub-sections (1) to (3) of Section 5. - 4 - HC-KAR NC: 2026:KHC:28780 WP No. 14243 of 2021 However, Section 5 was amended by Karnataka Act no.02 of 2021, as per Annexure-G, omitting "(1)", in sub-section 4 of Section 5. It was submitted, sub-sections 2 and 3 of Section 5 would not apply to petitioner's case as there was no allegation of causing obstruction to any public servant or indulging any act of violence and only provision applicable to petitioner namely sub- section (1) of Section 5 was omitted from prescription of punishment. Further, as per Notification dated 02.05.2020 at Annexure-H, Regulation 2(2) of Regulations introduced, provided for levy of a spot fine of Rs.200/- in Municipal Corporation areas for contravention of Regulation 1, which included persons appearing in public places without wearing mask. Thus, after amendment to Section 5 of Act and issuance of notification promulgating Regulation 2, petitioner could at best tried for offence under Regulation 1 and at worst, required to pay fine. That apart, petitioner would be entitled for compounding offence as per Section 10 inserted by Amendment Act at Annexure-G and prays, he may be permitted to avail same and petition may be disposed of." - 5 - HC-KAR NC: 2026:KHC:28780 WP No. 14243 of 2021 3. Matter was adjourned to enable learned HCGP as well as learned counsel for respondent no.1-complainant to respond. 4. Counsel for petitioner has today produced copy of notification dated 21.04.2021 extending term of earlier notification dated 02.5.2020, 22.05.2020, 05.06.2020, 06.06.2020 and 16.06.2020 for a period of one more year. Incident in question would fall within period of extension under said notification. Consequently, petition requires to be allowed. 5. Sri Rajesh Subramanyam, learned HCGP for respondent no.2 is unable to controvert said submission. 6. There is no appearance for respondent no.1. Absence would required to be treated as concession. 7. As per complaint at Annexure-C, allegations against petitioner-accused is that on 18.05.2021, at about 08.45 a.m., complainant entered Jimmy's Supermarket at Kadri without wearing a mask and refused to wear a mask even when prompted by complainant and thereby committed offence under - 6 - HC-KAR NC: 2026:KHC:28780 WP No. 14243 of 2021 Sections 4, 5 and 9 of Karnataka Epidemic Diseases Act, 2020, (Act) read with Section 269 of IPC. 8. As noted above, in order to initiate action for violation of any provisions of Act, a notification would require to be issued by Government, notifying outbreak of an epidemic. Admittedly, no notification under Section 4(1) is produced. Further, for violation in question, punishment is prescribed in Section 5(4). Subsection (4) of Section 5 enumerates punishment for offences under subsections (1 to 3) of Section 5. By Karnataka Act no.2 of 2021, an amendment was introduced to Section 5, omitting reference to subsection (1) in subsection (4) of Section 5. Consequently, punishment prescribed in subsection (4) would not apply. As per notification dated 02.05.2020 State Government has framed regulations in pursuance of powers prescribed under Act. Regulation no.2(2) of Rule no.2(2) prescribes punishment for violation of Regulation 2(1) (i and ii) whereunder violator would be liable to pay a spot fine of ₹ 200 in Municipal Corporation areas and ₹ 100 in other areas. Failure to wear mask falls within Regulation 2(1)(i) and place of incident is Mangalore i.e., within Municipal - 7 - HC-KAR NC: 2026:KHC:28780 WP No. 14243 of 2021 Corporation area and on proof of violation attracts spot fine of ₹ 200 and no more. 9. Counsel for petitioner submits that he is ready to compound offence by paying fine amount. 10. In view of above, since petitioner has expressed intention to compound offence, instead of relegating parties to trial, it is found appropriate to dispose of petition by compounding offence by petitioner paying fine amount of ₹ 200 to Health Inspector of Municipal Corporation, Mangalore, within four weeks from today and produce receipt before Court of JMFC VI, Mangalore, D.K., before whom proceedings are presently pending. A direction is issued for closure of said proceedings as compounded on production of fine payment receipt. With above observations/directions, petition is disposed of. Sd/- (RAVI V HOSMANI) JUDGE YKL List No.: 1 Sl No.: 58