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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
M. NAGAPRASANNA
Krishna Reddy S/o Vaijinath Reddy – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. 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 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
Criminal proceedings under the Karnataka Epidemic Diseases Act require a valid notification under Section 4; absence thereof nullifies any alleged offences.
The court found that without the necessary government notifications under the Karnataka Epidemic Diseases Act, the charges against the petitioner were invalid, constituting an abuse of legal process.
Cognizance of offences under the Disaster Management Act and Epidemic Diseases Act requires specific allegations and compliance with procedural requirements, which were absent in this case.
The mere assembly of individuals during a pandemic does not automatically infer cognizable offenses under Sections 269 and 270 IPC without evidence of tangible harm or public health risk.
Cognizance of offences under the Disaster Management Act and IPC requires specific complaints and allegations that meet essential legal criteria; failure to comply renders the prosecution invalid.
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