Karnataka High Court
Sri Sanjay B Patil vs State Of Karnataka on 22 November, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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CRL.P No. 12289 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 12289 OF 2024
BETWEEN:
1. SRI SANJAY B. PATIL
AGED ABOUT 52 YEARS,
FORMER MLA,
BELAGAVI RURAL CONSTITUENCY,
ADARSHANAGAR 2ND CROSS,
SHAHAPURA,
BELAGAVI - 590 001.
KARNATAKA.
2. SRI SHASHIKANTHRAWJIPATIL
AGED ABOUT 49 YEARS,
JAFFARVADI,
BELAGAVI - 590 001
Digitally signed KARNATAKA.
by NAGAVENI
Location: HIGH
COURT OF 3. RUDRANNA SIDDAPPA CHANDARAGI
KARNATAKA AGED ABOUT 49 YEARS,
NO.128, KUMARASWAMY LAYOUT
BELAGAVI - 590 001
KARNATAKA.
4. RAJU NARAYANA KATARE
AGED ABOUT 56 YEARS,
PHATAVADANA LAYOUT,
VADAGAVI
BELAGAVI - 590 001
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CRL.P No. 12289 of 2024
KARNATAKA.
5. RAWBAHADDORA CHANDRAKANTH KADAM
AGED ABOUT 47 YEARS,
NO. 1714, DORAGALLI
VADAGAVI
BELAGAVI - 590 001
KARNATAKA.
6. RAJKUMAR MANOHARA KATVAKARA
AGED ABOUT 56 YEARS,
NO. 17, 2ND CROSS,
SHIVAJI NAGAR
BELAGAVI - 590 001
KARNATAKA.
7. GIRISHA LAKSHMANA DOGADI
AGED ABOUT 49 YEARS,
FLAT NO. 12,
HOLABATTI COLONY
BELAGAVI - 590 001
KARNATAKA.
8. SHYAMANANDA B. POOJERI
AGED ABOUT 55 YEARS,
KODACHAVADA
KHANAPURA,
BELAGAVI - 590 001.
9. PRAMOODASURYAKANTHAKOCHERI
AGED ABOUT 65 YEARS,
KODACHAVADA,
BELAGAVI - 590 001
KARNATAKA.
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CRL.P No. 12289 of 2024
10. MARUTHI PAKEERA GOWDA KOPPADA
AGED ABOUT 63 YEARS,
SALAHALLI, RAMADURGA
BELAGAVI - 590 001
KARNATAKA.
11. BASANAGOWD PAKEERAGOWDAKOLANDORA
AGED ABOUT 63 YEARS,
BYLAHONGALA
BELAGAVI - 590 001
KARNATAKA.
12. YUVARAJA ANANTHA JADAVA
AGED ABOUT 42 YEARS,
NO. 547
BALEKUNDRI
BELAGAVI - 590 001
KARNATAKA.
13. RATHNAESHWARAGODI
AGED ABOUT 46 YEARS,
MOUNESHWARA NAGARA
BYLAHONGALA
BELAGAVI - 590 001.
14. MANJULA GURUSIDDHYAHEEREMATH
AGED ABOUT 44 YEARS,
KALLOLLI, MUDALAGI
BELAGAVI - 590 001.
15. VIDYARANI SOMAPPASONNADA
AGED 45 YEARS,
SAVADATTI
BELAGAVI - 590 001.
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CRL.P No. 12289 of 2024
16. KAMALAVVA BASAVARAJA MANGOJI,
AGE 41 YEARS,
ERANATI TA. GOKAKA
BELAGAVI - 590 001.
17. GOWRAVVARAYAPPA PATIL
AGE 50 YEARS,
NANDAGAON
GOKAKA
BELAGAVI - 590 001.
18. SRIDEVI ASHOKA TADAKODA,
AGE 50 YEARS,
BASAVANAGAR
GOKAKA,
BELAGAVI - 590 001.
19. LAKKAPPA LAKSHMAN KOLAVI
AGED 27 YEARS,
MAMADAPURA
GOKAKA
BELAGAVI - 590 001.
20. RAJESH ASHOKA MARALINGANAVARA
AGE 38 YEARS,
AKKATANGERAHALA
GOKAKA
BELAGAVI - 590 001.
21. MALLAPPA KALLAPPA KAUJALAGI,
AGE 47 YEARS,
PAMALDINNI
GOKAKA
BELAGAVI - 590 001.
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CRL.P No. 12289 of 2024
22. SHIVANANDA SIDDHALINGAPPA PATIL
AGE 45 YEARS,
NABAPURA, GOKAK
BELAGAVI - 590 001.
23. SANTOSH TATYASABAHUNDEKAR
AGE 50 YEARS,
GOKAK, JAIWAGALLI
BELAGAVI - 590 001.
24. NAGALINGA HANMANTHAPPA POTADARA,
AGE 62 YEARS,
SHINDHIKURBATE
GOKAK
BELAGAVI - 590 001.
25. PARASURAMA YALLAPPAGODI
AGE 43 YEARS,
DASANATTI
GOKAK
BELAGAVI - 590 001.
26. JYOTI MAHALINGAKOLDARA
AGED 44 YEARS
BASAVA NAGAR
GOKAK
BELAGAVI - 590 001.
27. MOHAMMADSHAFI ISMAIL JAMADAR
AGE 41 YEARS,
SINGLAPURA
GOKAK
BELAGAVI - 590 001.
28. VASANT BABURAO DESAI
AGE 31 YEARS,
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CRL.P No. 12289 of 2024
LONDA
BELAGAVI - 590 001.
29. VIJAYA KRISHNAJI KAMATA
AGE 61 YEARS,
NANDAGADA
BELAGAVI - 590 001.
30. KIRAN TANAJI YALLURAKAR
AGE 53 YEARS,
KHANAPURA
BELAGAVI - 590 001.
31. JYOTIA PRAHLADA REHMANI
AGE 48 YEARS,
JADANAVAGA.
BELAGAVI - 590 001.
32. MARUTI DEVAPPA PATIL,
AGE 43 YEARS.
JAMBOTI,
BELAGAVI - 590 001.
33. MALLAPPA KALLAPPAMARIHALA,
AGE 48 YEARS
JAMBOTI
BELAGAVI - 590 001.
34. MEHANTESHAMAHADEVA PATIL,
AGE 43 YEARS
NANDAGADA
BELAGAVI - 590 001.
35. SUNIL SIVASHANKAR MADDIMANI
AGE 30 YEARS,
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CRL.P No. 12289 of 2024
MAGANAKOPPA
BELAGAVI - 590 001.
36. PRADEEPA BASAVARAJASANIKOPPA,
AGE 43 YEARS,
THOLAGI
BELAGAVI - 590 001.
37. VIRUPAKSHA MALLIKARJUNASAKRI
AGE 43 YEARS
BICHAGUPPI
RAMADURGA
BELAGAVI - 590 001.
38. YALLAPPARAMASWAMIKURI,
AGE 43 YEARS
RAMADURGA
BELAGAVI - 590 001.
39. REKHA MAHADEVA CHINNAKATTI,
AGE 38 YEARS,
TORANAGATTI
RAMADURGA
BELAGAVI - 590 001.
40. SARASWATI BASAVARAJAHAIBATTI,
AGE 53 YEARS,
KULLOLLI
KITTOOR
BELAGAVI - 590 001.
41. BASAVARAJA SRISHAILAKADROLLI
AGE 39 YEARS,
KADATHANALA
KITTOOR
BELAGAVI - 590 001.
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CRL.P No. 12289 of 2024
42. GANGAPPA APPANNAKARIKATTI,
AGE 68 YEARS.
KITTUR
BELAGAVI - 590 001.
43. SRIKHARA KESHAWARAO KULKARNI
AGE 50 YEARS,
TIGADI, KITTOOR
BELAGAVI - 590 001.
44. SUWARNA SHIVANANDA HANJI
AGE 53 YEARS, MALLAPUR, KITTOOR
BELAGAVI - 590 001.
45. ERAPPA VIRUPAKSHABADIGERA
AGE - 48 YEARS
THIGADOLLI, KITTOOR
BELAGAVI - 590 001.
46. NIRMALA SURESHA VALISHETTI,
AGE 41 YEARS,
MARIHALA
BELAGAVI - 590 001.
47. JYOTHI SANJAY KULKARNI
AGE: 49 YEARS
GANESHAPURA
BELAGAVI - 590 001.
48. SHOBHA GANGAPPAHULAMANI
AGED 45 YEARS
MUDALAGI VILLAGE
BELAGAVI - 590 001.
49. CHETHANA SURESHAGSEGERA
AGED 39 YEARS
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CRL.P No. 12289 of 2024
HINDALAGA
BELAGAVI - 590 001.
50. VASANTHA GOPALA PATIL
AGED 57 YEARS
NILAGI
BELAGAVI - 590 001.
51. RAVI LOKAPPAKOTABAGI
AGED 33 YEARS
SRI RAMA COLONY
SHINDOLLI
BELAGAVI - 590 001.
52. YALLESHA SIDDAPPA KOLAKARA
AGED 37 YEARS
PANTHABALEKUNDRI
BELAGAVI - 590 001.
53. UMESHA GANAPATHA PURI
AGED 46 YEARS
MUTTAAGA
BELAGAVI - 590 001.
54. SHALU PHILIPHFERNANDIS
AGED 58 YEARS
UCCHAGAVA
BELAGAVI - 590 001.
55. YAMANAPPA GANGAPPA CHIKKANNAVAR
AGED 56 YEARS
WAKKUNDA
BAILHONGAL
BELAGAVI - 591 102.
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CRL.P No. 12289 of 2024
56. RAMESH SIDDAPPA YALLAPPA GOWDA
AGED 55 YEARS
BYLAWADA
BAILAHONGALA
BELAGAVI - 591 102.
57. BASAVARAJA ERAPPA NESARAGI
AGED 30 YEARS
KURUBARA GALLI
BAILAHONGALA
BELAGAVI - 591 102.
58. SUSHILA ASHOKA MALALI
AGED 51 YEARS
KULAGODAMUDALAGI
BELAGAVI - 591 312.
59. MAHANANDA BELAGALI
AGED 38 YEARS
KULGODA MUDALAGI
BELAGAVI - 591 312.
60. SANJU BALAPPAHOSAMANI
AGE 45 YEARS
KULGODAMUDALAGI
BELAGAVI - 591 312.
61. AVANNA SIVARAYAPPA DABBANAVAR
AGED 49 YEARS
HUNSHYALA MUDALAGI
BELAGAVI - 591 312.
62. SIDDU VITHALAKANKANWADI
AGED 38 YEARS
ARAMBHAVI MUDALAGI
BELAGAVI - 591 312.
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CRL.P No. 12289 of 2024
63. CHETANA SHIVALINGAIYA NISHANIMATH
AGE 41 YEARS
MUDALAGI
BELAGAVI - 591 312.
64. BHIMAPPA LAKSHMAPPAGOWDAPPA S.,
AGE 51 YEARS,
KALARAKOPPA, GOKAK
BELAGAVI - 591 307.
65. ERAPPA SARALA DHWALESHWAR
AGE 54 YEARS,
ARABHAMVI
BELAGAVI - 591 307.
66. ANANDA KENCHAPPAMOODALAGI
AGE 53 YEARS
ADIBATTI
GOKAKA
BELAGAVI - 591 307.
67. BASAVARAJA KALLAPPAMALEDA
AGE 48 YEARS,
ARABHAMVI
BELAGAVI - 591 218.
68. BHAGYA VIJAYA AMATE
AGE- 40 YEARS,
MUNAVALLI
BELAGAVI - 590 001.
69. RAJASEKHARA KARAJAGI
AGE 42 YEARS,
RAMAPURA SITE
BELAGAVI - 590 001.
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CRL.P No. 12289 of 2024
70. VINAYAKUMAR CHANDRAKANTA DESAI
AGE 45 YEARS
TALLURA
BELAGAVI - 590 001.
71. CHANDRASEKHARA SHIVAPPAALAGODI
AGE - 47 YEARS, RAINAPUR
BELAGAVI - 590 001.
72. MURUGHANDRAGOWDA SIDDAGOWDA PATIL
AGE 43 YEARS
PATILA GALLI
KANABARGI
BELAGAVI - 590 001.
73. BHAIRAGOWDA BALAGOWDA PATIL
AGE 50 YEARS,
PATILA GALLI
KANABARGI
BELAGAVI - 590 001.
74. PARASURAMA DODDAPPASUNTAKA
AGE 47 YEARS,
JYOTIRLINGA GALLI
KANABARGI
BELAGAVI - 590 001.
75. SHIVAJI YASHWANT SUNTAKA
AGE 61 YEARS,
JYOTIRLINGA GALLA
KANABARGI
BELAGAVI - 590 001.
76. BASAVARAJ CHANNABASAPPAHANNIKERI
AGE 51 YEARS,
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CRL.P No. 12289 of 2024
BASAVANKUDACHI
BELAGAVI - 590 001.
77. SHITALA BASAVANT PATIL
AGED 55 YEARS
BASAVANKUDACHI
BELAGAVI - 590 001.
78. SURESH MARUTI YADAVA
AGE 55 YEARS,
RAMTHEERTHA NAGAR
BELAGAVI - 590 001.
79. MAHANTESH ADIVAPPAVAKKUNDA
AGE 55 YEARS,
RAMATHEERTHA NAGAR
BELAGAVI - 590 001.
80. IRAYYA BAPU
KHOTA CASTE
AGE 51 YEARS,
RAMATHEERTHA NAGAR
BELAGAVI - 590 001.
81. SADANANDA MALLESHGUNDAPPA
AGE 32 YEARS,
MARUTI NAGAR
BELAGAVI - 590 001.
82. RAJU BALAGONDA MAGADUMMA
AGE 52 YEARS,
ASHOKA NAGAR
BELAGAVI - 590 001.
83. GANESH LAXMAN CHOWGULA
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CRL.P No. 12289 of 2024
AGE 31 YEARS,
GANGAWADI
BELAGAVI - 590 001.
84. ERANNA GIRIMALLAPPA DEYANNAVAR
AGE 55 YEARS,
KULKARNI LAY OUT
BELAGAVI - 590 001.
85. SHASIBHUSHAN SHIVANAGOWDA PATIL
AGE 55 YEARS,
MAHANTESH NAGAR
BELAGAVI - 590 001.
86. PRAKASH SIDDARAYA MUCHANDIKAR
AGE 47 YEARS,
KUMBARA GALLI
KANABARGI
BELAGAVI - 590 001.
87. BASAVAPRABHU PATILA
AGE 45 YEARS,
RAMATHEERTHA NAGAR
BELAGAVI - 590 001.
88. GURURAJA LINGANA GOWDA PATIL
AGE 48 YEARS,
RAMATHEERTHA NAGAR,
BELAGAVI - 590 001.
...PETITIONERS
(BY SRI VASANTHA KUMARA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
APMC YARD POLICE STATION,
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CRL.P No. 12289 of 2024
BELAGAVI, KARNATAKA,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. THE POLICE INSPECTOR
APMC POLICE STATION,
BELAGAVI URBAN - 590 001.
...RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL.SPP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528
OF BHARATIYA NAGARIK SURAKSHA SANHITA 2023 PRAYING
TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST
THE PETITIONERS WHICH IS PENDING ON THE FILE OF 42ND
ACMM (SPECIAL COURT TO DEAL WITH CRIMINAL CASES
RELATED TO MP'S/MLA'S AS TRIABLE BY MAGISTRATE IN
STATE OF KARNATAKA) AT BANGALORE IN C.C.NO.14396/2022
FOR THE OFFENCES P/U/S 5(1), 5(4) OF THE KARNATAKA
EPIDEMIC DISEASES ACT, 2020.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question
the proceedings in C.C.No.14396 of 2022, registered for
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offences punishable under Sections 5(1) and 5(4) of the
Karnataka Epidemic Diseases Act, 2020.
2. Heard Sri. Vasantha Kumara, learned counsel
appearing for the petitioners and Sri. Jagadeesha B.N., learned
Additional State Public Prosecutor, appearing for respondents.
3. The learned counsel for the petitioners 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:
"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
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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 than six months, but which may extend to seven years
and with fine, which shall not be less than one lakh rupees, but
which may extend to five lakh rupees."
(Emphasis supplied)
Section 5(3A) mandates that whoever contravenes
sub-section (1) shall be punished in terms of sub-section
(3A). Sub-section (1) concerns that any person,
institution or company contravening or disobeying any
provisions of Section 4, Rules or Regulations made under
the Act would become an offence and the offence would
become punishable under sub-section (3A).
8. Therefore, it becomes germane to notice Section
4 of the Karnataka Epidemic Diseases Act as the
contravention of Section 4 would result in an offence
under Section 5. Section 4 of the Karnataka Epidemic
Diseases Act reads as follows:
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"4. Power to take special measures and specify
regulations as to epidemic disease.--(1) When at any time
the Government is satisfied that the State or any part thereof is
visited by or threatened with an outbreak of any epidemic
disease, the Government may take such measures, as it deems
necessary for the purpose, by notification in the Official Gazette
specify such temporary regulations or orders to be observed by
the public or by any person or class of persons so as to prevent
the outbreak of such disease or the spread thereof and require
or empower Deputy Commissioner and/or Municipal
Commissioners to exercise such powers and duties as may be
specified in the said regulations or orders.
(2) In particular and without prejudice to the generality of
the foregoing provisions, the Government may take measures
and specify regulations,--
(a) to prohibit any usage or act which the
Government considers sufficient to spread or transmit epidemic
diseases from person to person in any gathering, celebration,
worship or other such activities within the State;
(b) to inspect the persons entering the State by air,
rail, road, sea or any other means or in quarantine or in
isolation, in hospital, temporary accommodation, home or
otherwise of persons suspected of being infected with any such
disease by the officers authorized in the regulation or orders;
(c) to seal State or district borders for such period as
may be deemed necessary;
(d) to impose restrictions on the operation of public
and private transport;
(e) to prescribe social distancing norms;
(f) to restrict or prohibit congregation of persons in
public places and religious institutions;
(g) to regulate or restrict the functioning of offices,
Government and Private and educational institutions in the
State;
(h) to impose prohibition or restrictions on the
functioning of shops and commercial establishments, factories,
workshops and godowns;
(i) to restrict duration of services in essential or
emergency services such as banks, media, health care, food
supply, electricity, water, fuel, etc.,;
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(j) to restrict social, political, sports, entertainment,
academic, cultural or religious functions or gatherings; and
(k) such other measures as may be necessary for the
regulation and prevention of epidemic diseases as decided by
the Government."
Section 4 mandates that in order to take special
measures and specify regulations as to epidemic disease,
the Government by a notification in the Official Gazette
specify such temporary regulations or orders to be
observed by the public or by any person or class of
persons so as to prevent the outbreak of such disease.
Therefore, the fulcrum of Section 4 is issuance of a
notification in the Official Gazette notifying temporary
regulations or orders. It is after such notification under
Section 4, if a person contravenes or disobeys those
Regulations so notified, it would become an offence under
Section 5 for contravention of Regulations notified under
Section 4.
9. It is admitted fact that no notification is issued
by the State Government under Section 4 of the
Karnataka Epidemic Diseases Act. If there is no
notification issued under Section 4, an offence under
Section 5 cannot be laid against any person as there is no
regulation that a person would contravene as
contravention of the Regulations cannot be imaginary.
Therefore, the very offence alleged against the petitioner
was fundamentally flawed.
10. The other offence alleged is under Section 75 of
the Act. Section 75 of the Act reads as follows:
"75. Punishment for cruelty to child.--Whoever,
having the actual charge of, or control over, a child, assaults,
abandons, abuses, exposes or wilfully neglects the child or
causes or procures the child to be assaulted, abandoned,
abused, exposed or neglected in a manner likely to cause such
child unnecessary mental or physical suffering, shall be
punishable with imprisonment for a term which may extend to
three years or with fine of one lakh rupees or with both:
Provided that in case it is found that such abandonment
of the child by the biological parents is due to circumstances
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beyond their control, it shall be presumed that such
abandonment is not wilful and the penal provisions of this
section shall not apply in such cases:
Provided further that if such offence is committed by any
person employed by or managing an organisation, which is
entrusted with the care and protection of the child, he shall be
punished with rigorous imprisonment which may extend up to
five years, and fine which may extend up to five lakhs rupees:
Provided also that on account of the aforesaid cruelty, if
the child is physically incapacitated or develops a mental illness
or is rendered mentally unfit to perform regular tasks or has
risk to life or limb, such person shall be punishable with
rigorous imprisonment, not less than three years but which may
be extended up to ten years and shall also be liable to fine of
five lakhs rupees."
Section 75 makes it an offence if the person who is
in-charge of the child or has control over the child
assaults, abandons, abuses, exposes or willfully neglects
the child or causes or procures the child to be assaulted,
abandoned, abused, exposed or neglected in a manner
likely to cause the child unnecessary mental or physical
suffering shall become punishable for a term which may
extend upto 3 years.
11. The fact that leads to the said allegation is that,
the petitioner posed for a picture with the children at
Vishwodaya High School, Kanakapura Taluk. The children
were neither under the care or protection of the petitioner
nor was he in-charge of the children. The children come
out of the classes for the picture and the matter ends
there. The petitioner did not have any control or in-
charge over the children. The very offence is loosely laid
against the petitioner, much less to say he is alleged of
assault, abandoning, abusing or exposing or neglecting
the children. The aforesaid facts cannot even lead to the
alleged offences against the petitioner.
12. The Police have also filed a charge sheet in the
matter alleging that Government has notified a Standard
Operating Procedure during Covid-19 on 04-01-2022, and
therefore, there has been violation of the provisions of the
Karnataka Epidemic Diseases Act, 2020. The very
summary of the charge sheet clearly indicates that it is
laid on imaginary lines. A trivial act which does not
contain any of the ingredients of the afore-quoted
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offences, is laid against the petitioner. A perusal at the
summary of the charge sheet would indicate the reason
behind filing of the charge sheet. The summary insofar as
such indication reads as follows:
"PÀ£ÁðlPÀ ¸ÀPÁðgÀªÀÅ PÉÆëqï-19 ¸ÁAPÁæ«ÄPÀ gÉÆÃUÀ ºÀgÀqÀĪÀÅzÀ£ÀÄß vÀqÀUÀlÄÖªÀ
¸À®ÄªÁV ºÉÆgÀr¹zÀÝ RD/158/TNR/2020 Date 04/01/2022 PÉÆëqï-19
ªÀiÁUÀð¸ÀÆaAiÀÄ£ÀÄß G®èAX¹, ªÀÄPÀ̼ÀÄUÀ½AzÀ "£ÀªÀÄä ¤ÃgÀÄ, £ÀªÄÀ ä ºÀPÄÀ Ì" JA§
WÉÆõÀuÉAiÀÄ£ÀÄß PÀÆV¹, ªÀÄPÀ̼À£ÀÄß gÁdQÃAiÀĪÁV ¥ÉæÃgɦvÀUÉƼÀÄîªÀAvÉ ªÀiÁr, ¸ÀPÁðj
ºÉÆgÀr¹gÀĪÀ RD/158/TNR/2020 Date 04/01/2022 PÉÆëqï-19
ªÀiÁUÀð¸ÀÆaAiÀÄ£ÀÄß G®èAX¹gÀĪÀÅzÀÄ vÀ¤SɬÄAzÀ zÀÈqsÀ¥ÀnÖgÀÄvÀÛzÉ."
The petitioner appears to have made the children to
eco with him "£ÀªÀÄä ¤ÃgÀÄ, £ÀªÀÄä ºÀPÀÄÌ". This is said to be
politically influencing the children of the High School who
are below 15 years of age. Therefore, none of the
allegations made against the petitioner are even present
in the case at hand and if only for the reason that charge
sheet is filed against the petitioner, further proceedings
are permitted to continue it would become an abuse of
the process of law and result in miscarriage of justice.
13. For the aforesaid reasons, I pass the following:
ORDER
(i) Criminal petition is allowed.
(ii) FIR in Crime No.3 of 2022 dated 12-01-2022
registered by the Sathanoor Police Station and Charge
Sheet filed in C.C.No.1663 of 2022 pending before the I
Additional Civil Judge (Junior Division) & JMFC,
Kanakapura, Ramanagara District stand quashed.
(iii) It is made clear that the observations made
in the course of the order are only for the purpose of
consideration of the case of the petitioner under Section
482 of Cr.P.C. and the same shall not bind or influence
the proceedings against the other accused pending before
the concerned Court."
4. In the light of the order passed by this Court
(supra) and for the reasons mentioned therein, the following:
- 22 -
NC: 2024:KHC:47723
ORDER
(i) The Criminal Petition is allowed.
(ii) The proceedings in C.C.No.14396/2022 pending on
the file of the 42nd Additional Chief Metropolitan
magistrate, Bengaluru, qua the petitioners, stand
quashed.
Consequently, I.A.No.1 of 2024 also stands disposed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
BKP
