Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Kar) 24813

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

NC: 2026:KHC:23061

CRL.P No. 6380 of 2026

DATED THIS THE 25TH DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 6380 OF 2026

BETWEEN:
RAJANNA S.,
S/O SANNABOMMAIAH,
AGED ABOUT 52 YEARS,
WORKING AS HEAD MASTER
OF VISHWODAYA HIGH SCHOOL,
KRISHNAYYANA DODDI VILLAGE,
UYYAMBALLI HOBLI, KANAKAPURA TALUK,
RAMANAGARA DISTRICT - 562 117.
…PETITIONER
(BY SRI. SATYANARAYANA CHALKE, ADVOCATE FOR
SRI. ANIL KUMAR R., ADVOCATE)

AND:
1. STATE OF KARNATAKA,
THROUGH SATHANOOR POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. DINESH J. R.,
C.D.P.O.,
FATHER'S NAME NOT KNOWN,
AGED ABOUT 33 YEARS,
STATE GOVT. EMPLOYEE,
WORKING AT C.D.P.O. OFFICE,
KANAKAPURA TALUK OFFICE,
KANAKAPURA - 562 117.
…RESPONDENTS
(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1)

Advocates:
For the Appellants/Petitioners: Satyanarayana Chalke, Anil Kumar R.
For the Respondents: B.N.Jagadeesha

A criminal prosecution under Section 5 of the Karnataka Epidemic Diseases Act is unsustainable in the absence of a specific government notification under Section 4, and charges under Section 75 of the Juvenile Justice Act require proof of actual control over a child and active abuse or harmful neglect.

Headnote:(A) Karnataka Epidemic Diseases Act, 2020 - Section 4 and 5 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 75 - Alleged violation of Covid-19 guidelines - Quashing of charge sheet - Absence of official notification under Section 4 of the Epidemic Diseases Act renders prosecution under Section 5 unsustainable - Cruelty to child under Section 75 of JJ Act requires actual control or charge, and deliberate acts of abuse, neglect, or exposure causing mental or physical suffering, which elements were absent in the current case - Criminal proceedings initiated against the petitioner were found to be an abuse of legal process. (Paras 3, 7, 8, 9, 10, 11)

Facts of the case:
The petitioner, a Head Master, faced criminal charges in C.C.No.1663/2022 arising from Crime No.3/2022 under the Karnataka Epidemic Diseases Act and the Juvenile Justice Act for an incident where students allegedly posed for a picture and raised slogans during a rally occurring near a school. The petitioner sought to quash the charge sheet, arguing the matter was covered by a previous judicial decision of this Court.

Findings of Court:
The Court observed that no notification was issued under Section 4 of the Karnataka Epidemic Diseases Act, making an offence under Section 5 untenable. Furthermore, regarding the Juvenile Justice Act charge, the petitioner did not have custody, control, or proximity to constitute cruelty under Section 75. The court characterized the prosecution as based on imaginary lines and an abuse of the process of law.

Issues: Whether the prosecution under the Karnataka Epidemic Diseases Act is maintainable without a formal government notification and whether the petitioner’s actions constituted cruelty under the Juvenile Justice Act.

Ratio Decidendi: A prosecution under Section 5 of the Karnataka Epidemic Diseases Act depends on the contravention of an official regulation or order notified under Section 4; in the absence of such notification, the offence cannot be laid. Additionally, for an offence under Section 75 of the JJ Act, there must be established 'actual charge or control' over the child, along with specific acts of abuse or neglect.

Result: Criminal petition allowed; proceedings quashed.

THIS CRL.P IS FILED U/S 528 BNNS PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN C.C.NO.1663/2022 ARISING OUT OF CR.NO.3/2022 REGISTERED BY THE RESPONDENT NO.1 POLICE / SATHANOOR P.S. FOR THE ALLEGED OFFENCE P/U/S 5(3A) OF THE KARNATAKA EPIDEMIC DISEASES ACT 2020 AND SEC.75 OF THE JUVENILE JUSTICE ACT (CARE AND PROTECTION OF CHILDREN ACT) 2015 ON THE FILE OF THE I ADDL.CIVIL JUDGE AND J.M.F.C KANAKAPURA.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard the learned counsel Sri. Satyanarayana Chalke, appearing for the petitioner, Sri. B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1 and have perused the material on record.

2. The petitioner is before this Court, seeking the following prayer:

"WHEREFORE, the petitioner most respectfully prays that, this Hon'ble Court may kindly be pleased to quash the entire charge sheet in CC.No.1663/2022 arising out of Crime No.0003/2022 registered by the Respondent No.1 Police/Sathanoor Police Station for the alleged offences punishable under 5(3A) of the Karnataka Epidemic Diseases Act 2020 and Section 75 of the Juvenile Justice Act (Care and Protection of Children Act), 2015 on the file of the I Addl. Civil Judge and J.M.F.C, Kanakapura, in the interest of justice and equity."

3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.3328/2023 disposed on 16.06.2023, wherein it has held as follows:

"6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

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. The children of the school came out of their classes and posed for a picture with the President. This incident becomes a crime in Crime No.3 of 2022 for the afore-quoted offences. What is alleged against the petitioner is, violation of the provisions of the Karnataka Epidemic Diseases Act and Section 75 of the Act. The violation is in particular to Section 5(3A) of the Karnataka Epidemic Diseases Act and Section 75 of the Act. Therefore, it becomes germane to notice those provisions of law. Section 5 of the Karnataka Epidemic Diseases Act reads as follows:

“5. Prohibition of Contravention or obstruction of Public Servant.—(1) No person, institution or company shall contravene or disobey any of the provisions of Section 4, rules, regulation or order made under this Act.

(2) No person shall obstruct any officer or any public servant while acting or purporting to act or discharging any duty in pursuance to any provisions of this Act, rules, regulations or orders made there under.

(3) No person shall indulge in any act of violence against a public servant or cause any damage or loss to any public or private property during an epidemic.

(3-A) whoever contravenes the provisions of sub-section (1) shall be punished with such fine as may be prescribed in rules or in regulations, which may extend to fifty thousand rupees or with imprisonment for a term which may extend up to three months or with both.

(4) Whoever contravenes any of the provisions of sub-section (2) or (3) shall on conviction be punished with imprisonment for a term which shall not be less than three months, but which may extend to five years and with fine, which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees.

(5) Whoever, while committing an act of violence against a public servant, causes grievous hurt as defined in Section 320 of Indian Penal Code, 1860 (Act 45 of 1860) to such person, shall be punished with imprisonment for a term which shall not be less t

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