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 Karnataka Epidemic Diseases Act, 2020, prohibits the contravention of rules or obstruction of public servants discharging their duties under the Act. Sub-section (4) penalizes the violation of rules or regulations issued under the Act. However, in the present case, there is no allegation or evidence to suggest that the petitioners obstructed any public servant in the discharge of their duties or contravened any specific rules or regulations under the Act.

6. For an offence under Section 268 IPC, it must be shown that the act of the accused caused common injury, danger, or annoyance to the public or people in general. In this case, there is no material to indicate that the petitioners’ actions caused any such consequences. The essential ingredients to constitute an offence under Section 268 IPC are therefore absent.

7. Similarly, for an offence under Section 5(4) of the Karnataka Epidemic Diseases Act, there must be evidence of contravention of specific rules or obstruction of public servants. In this case, no such allegations or evidence exist.

8. In the absence of cogent evidence to substantiate the allegations, the essential elements required to constitute the offences are conspicuously missing. Consequently, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law.

Therefore, the prosecution of the petitioners for the aforementioned offences is not legally sustainable. Accordingly, I pass the following:

ORDER i) The petition is allowed.

ii) The impugned proceedings in CC No.1383/2021 pending on the file of the learned Principal Civil Judge and JMFC, Gangavathi stands quashed insofar as it relates to the petitioners –

accused No.1 and 2.