##PAGE1##

- 1 -

NC: 2026:KHC:18122 CRL.P No. 17222 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

CRIMINAL PETITION NO. 17222 OF 2025

BETWEEN:

1. SRI. CHANDRASHEKHARA BALI AGED ABOUT 68 YEARS

S/O BALAPPA BALI

70, BAJAR ROAD MANOLLI, BELGAUM MANOLI

KARNATAKA - 591 117.

2. SRI. HIRAMANI LAKXMAN MUCHANDIKAR AGED ABOUT 36 YEARS

S/O LAKXMAN MUCHANDIKAR PATILA GALLI, KANABARGI.

BELAGAVI - 590 016 Digitally signed by KARNATAKA.

PRAKASH N … PETITIONERS Location:

HIGH COURT (BY SRI. ANITHA S.M., ADVOCATE)

OF KARNATAKA AND:

1. STATE OF KARNATAKA THROUGH THE APMC YARD POLICE STATION

BELAGAVI, KARNATAKA.

REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA

BENGALURU-560 001

##PAGE2##

- 2 -

NC: 2026:KHC:18122 CRL.P No. 17222 of 2025

HC-KAR

2. THE POLICE INSPECTOR APMC POLICE STATION

BELAGAVI URBAN-590 001 … RESPONDENTS

(BY SRI. B.N. JAGADEESHA, ADDL. SPP)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED WHICH IS PENDING ON THE FILE OF 42^ND A.C.J.M (SPL.COURT TO DEAL WITH CRIMINAL CASES RELATED TO MPs/MLAs TRIABLE BY MAGISTRATE IN STATE OF KARNATAKA) AT BENGALURU IN C.C.NO.14396/2022 FOR THE OFFENCE P/U/S 5(1),5(4) OF KARNATAKA EPIDEMIC DISEASES ACT

2020.

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

The present petition has been filed challenging the

validity of the proceedings in C.C.No.14396/2022 pending on the file 42^nd ACJM at Bengaluru.

2. The brief facts made out are that the petitioner

claims to be a social worker identified with the Political Party. It is submitted that the event "Janasevak Samavesha" was organized on 17.01.2021 aimed at

##PAGE3##

- 3 -

NC: 2026:KHC:18122 CRL.P No. 17222 of 2025

HC-KAR

providing essential services and disseminating information

regarding public welfare schemes.

3. It is further made out that the Police Inspector,

APMC Police Station lodged a police complaint before the respondent-Police against the petitioner alleging that the petitioner had conducted the event in violation of the guidelines laid down by the Government in connection with COVID-19 Pandemic Crime No.58/2021 was registered for the offences punishable under Sections 5 (1) and 5 (4) of the Karnataka Epidemic Diseases Act, 2020 ("the Act", for

short).

4. It is submitted that though charge-sheet has been

filed after investigation, however insofar as co-accused are concerned, with respect to the same case registered against the petitioner as well, proceedings have been quashed in terms of order passed in Crl.P 3328/2023 dated 16.06.2023 and Crl.P 11226/2025 dated10.09.2025.

##PAGE4##

- 4 -

NC: 2026:KHC:18122 CRL.P No. 17222 of 2025

HC-KAR

5. It is submitted that the Coordinate Bench has

taken note that in the absence of relevant notification under Section 4 of the Karnataka Epidemic Diseases Act, 2020, the question of any offence under Section 5 being

committed does not arise.

6. Perused the order passed in Crl.P 11226/2025 as

well as the observations made in the order in

Crl.P No.3328/2023 disposed of on 16.06.2023.

7. The observations made in Crl.P 3328/2023

extracted at para 3 of the order in Crl.P 11226/2025 reads

as follows:

"The learned counsel for the petitioner submits that the issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.3328 of 2023, disposed on 16.06.2023, wherein this Court has held as

follows and it is not disputed by the respondent.

“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.

##PAGE5##

- 5 -

NC: 2026:KHC:18122 CRL.P No. 17222 of 2025

HC-KAR

The children of the school came out of their classes and posed for a picture with the P

Click Here to Read the rest of this document