Charge sheet is filed against the petitioner for the offences

punishable under section 269, 270 of IPC and section 4(2)(a),

5(1) of the Karnataka Epidemic Diseases Act, 2020 alleging that

the petitioner was infected with covid-19 and admitted to covid

care centre from 01.01.2022 to 06.01.2022 during his visit to

Maharashtra State to attend a marriage. It is further alleged that

the petitioner was supposed to be in home quarantine till

17.01.2022 but conducted lecture on 10.01.2022 in the college

because of which the students of the college were infected with

covid-19. The police submitted the charge sheet with the learned

magistrate. After perusing the charge sheet submitted by the

police, the learned magistrate took cognizance of the aforesaid

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offences and issued summons to the petitioner. Taking exception

of the same, this petition is filed.

Learned counsel for the petitioner submits that that

the registration of the FIR is bad as the essential ingredients of

offences under Section 269 and 270 of IPC are not made out

from perusal of the FIR as well as the charge sheet. Learned

counsel has pointed out that there is no document so as to

substantiate that the petitioner was suffering from covid-19 and

as such, the petitioner could not have spread the infection of

covid-19 which is lethal to life. Consequently, offence under

Section 269 and 270 of IPC is not made out. He further submits

that the respondent No.2 filed a complaint against the petitioner

seeking for a detailed enquiry only on the basis of report of

Tahsildar and news reports.

3.

The learned HCGP appearing for the state submits

that the petitioner despite being advised to be in home

quarantine till 17.01.2022, engaged classes on 10.01.2022 in

the college which resulted in spreading of covid-19 disease to

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the students. Hence, has committed the aforesaid offences and

the learned magistrate has rightly taken cognizance.

4.

I have considered the submissions made by the

learned counsel for the parties.

5.

The allegation is that the petitioner has committed

an offence under section 269, 270 of IPC and section 4(2)(a)

and 5(1) of Karnataka Epidemic Diseases Act. The respondent

No.2 lodged the complaint against the petitioner only on the

basis of news reports and Tahsildar report stating that the

college premises is declared as a containment zone.

6.

To constitute an offence punishable under section

269 and 270 of IPC there must be allegation that the petitioner

has unlawfully or malignantly or negligently does any act which

is, and which he know or have reason to believe to be, likely to

spread the infection of any disease dangerous to life. Section

269 and 270 of IPC specifies that in order to attract the same,

the act of the petitioner must be one which is likely to spread

infection of any disease dangerous to life.

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7.

The perusal of charge sheet does not indicate any

prima facie evidence collected by the Police as to whether the

petitioner was suffering from covid-19 disease or would have

caused the spread of infectious disease as on 10.01.2022. In the

absence of any such material, it cannot be perceived that the

petitioner has committed an offence under Section 269 and 270

of IPC.

Accordingly, I pass the following:

ORDER

The criminal petition is allowed.

The impugned proceedings in C.C.No.162/2022, pending

on the file of Civil Judge and JMFC Court at Ankola, Uttara

Kannada is hereby quashed.

Sd/-

JUDGE

KMS