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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 08^TH DAY OF MARCH, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION NO.3557/2020

BETWEEN:

1.

PRADEEPA,

S/O PUTTASWAMIGOWDA KODALU,

AGED ABOUT 29 YEARS,

OCC: DY. RANGE FOREST OFFICER,

RESIDING HALASUMANE, TADAGASE,

CHICKMAGALURU TALUK

AND DISTIRCT- 577 133.

2.

SWATHI L,

D/O LOKAPPA J,

AGED ABOUTO 29 YEARS,

OCCUPATION: RANGE FOREST OFFICER,

R/AT CHIKMAGALURU – 577 133.

… PETITIONERS

(BY SRI DESAI SHARANABASAPPA VIRANNA, ADVOCATE)

AND:

THE STATE OF KARNATAKA,

THROUGH THE POLICE SUB INSPECTOR

OF ALDUR POLICE STATION, ALDUR,

CHIKMAGALURU TALUK AND DISTRICT – 577 111.

REPRESENTED BY SPP,

HIGH COURT BUILDING,

BENGALURU – 560 001.

… RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF

CR.P.C PRAYING TO QUASH THE ENTIRE PENDING PROCEEDINGS

OF CR.NO.87/2020 ON THE FILE OF PRINCIPAL CIVIL JUDGE

(JR.DN.) AND JMFC, CHIKKAMAGALURU IN PURSUANCE OF FIR

DATED 06.06.2020

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS

DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed under Section 482 of Cr.P.C. praying

this Court to quash the FIR in Crime No.87/2020 on the file of

the Principal Civil Judge (Jr.Dn.) and JMFC, Chikkamagaluru.

2.

The factual matrix of the case is that the State had

registered the case against these two petitioners, who are the

Government officials working in the Forest Department. That on

05.06.2020, they were proceeding in the car and accused No.1

was driving the car consuming alcohol and both the petitioners

were not wearing the mask inspite of there was an order by the

Government of Karnataka in view of COVID-19 pandemic, the

public were prohibited from 9.00 p.m. to 5.00 a.m. without the

permission from the Government as well as from the Deputy

Commissioner and they were proceeding in the prohibited time.

Hence, based on the complaint received at 10.30 a.m. on

06.06.2020 through PC 96, case has been registered for the

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offences punishable under Sections 269 and 270 of IPC and

Section 184 of the Indian Motor vehicles Act (‘IMV Act’ for short)

and so also under Section 5(1)(2) of the Karnataka Epidemic

Diseases Ordinance, 2020.

3.

The petitioners in this petition have contended that

they were proceeding on duty on credible information of

committing of forest offence i.e., with intention to grab the

forest property like valuable trees and wood by illegal means

tried to enter into forest. It is also the contention of the

petitioners that the respondent has not produced any medical

test report of the petitioners for consumption of alcohol and its

influence and also no blood test is conducted in respect of the

petitioners to evaluate the alcohol content beyond the prescribed

limit to attract Section 185 of the IMV Act. The car was driven

by accused No.1 and he was not under the influence of alcohol.

The Trial Court also exceeded the jurisdiction by passing an

abusive and erroneous order by permitting to add Section 279 of

IPC. The petitioners are Government servants and no sanction is

obtained for prosecution. The learned counsel in support of his

arguments relied upon the judgment of the Apex Court passed in

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Crl.A.No.458/2020 dated 18.06.2020. The learned counsel

would submit that without the sanction, prosecution is initiated

against the petitioners herein and hence, it requires interference

of this Court.

4.

Per contra, the learned High Court Government

Pleader appearing for the respondent State would submit that

accused No.1 was driving the vehicle under the influence of

alcohol and both the petitioners were not wearing the mask as

per the Government order and they were also proceeding during

the prohibited timings. The learned counsel would submit that

the penal provisions of Section 279 of