ORAL ORDER

The petitioners, who are being prosecuted for offences punishable under Section 269 of the Indian Penal Code (IPC) and Section 5(4) of the Karnataka Epidemic Diseases Act, 2020, have approached this Court seeking relief.

2. The case of the prosecution is that on 18.04.2021, during the COVID-19 pandemic, the petitioners allegedly violated the standard operating procedures (SOPs) by engaging in the buying and selling of motorcycles in a market yard.

3. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for respondent No.1–

State, and the learned counsel for respondent No.2.

4. Section 269 of the IPC pertains to negligent acts likely to spread infection of disease dangerous to life. It requires proof of an act done negligently or unlawfully with knowledge or reason to believe that it is likely to spread infection of a dangerous disease. However, in the present case, there is no evidence to substantiate that the petitioners’ act of buying and selling motorcycles in a public market yard posed a tangible risk of spreading the infection. Therefore, the prosecution of the petitioners under Section 269 IPC is unsustainable.

5. Section 5 of the Kar