Karnataka High Court
Sri Saleem Ahmed vs State Of Karnataka on 27 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:23999
WP No. 18095 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.18095 OF 2025 (GM-RES)
BETWEEN:
1. SRI SALEEM AHMED
S/O AZEEZ AHMED
AGED ABOUT 58 YEARS
MEMBER OF KARNATAKA LEGISLATIVE COUNCIL
ASHIANA'', NO.1375, 12TH CROSS
2ND STAGE, WEST OF CORD ROAD,
BANGALORE 560086
AND ALSO AT KPCC HQX+GF9
QUEENS RD, GOVINDA CHETTY COLONY,
SHIVAJI NAGAR, BENGALURU,
KARNATAKA - 560051.
...PETITIONER
(BY SRI. BANNIKATTI DEEPAK, ADVOCATE FOR
Digitally signed
by GEETHA P G SMT. LATHA S. SHETTY, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA
AND:
1. STATE OF KARNATAKA
THROUGH KANKAPURA TOWN POLICE STATION
REPRESENTED BY ITS POLICE SUB INSPECTOR
KANKAPURA TOWN POLICE STATION
KANAKAPURA TOWN
RAMANAGARA DISTRICT-562 117.
HIGH COURT OF KARNATAKA
ANNEXURE BUILDING
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NC: 2025:KHC:23999
WP No. 18095 of 2025
HC-KAR
AMBEDKAR VEEDHI ROAD
BANGALORE-560001.
2. MR. VISHWANATH
AGED ABOUT 38 YEARS
OFFICE AT TALUK OFFICE
KANAKAPURA, RAMNAGARA
KARNATAKA-562117.
...RESPONDENTS
(BY SRI. B.N. JAGADEESH, ADDL. SPP FOR R.1.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF
THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE
COMPLAINT DATED 11.01.2022 FILED BY THE RESPONDENT NO.2
FOR THE OFFENCES PUNISHABLE UNDER SECTION 5(3A) OF THE
KARNATAKA EPIDEMIC PUNISHABLE ACT, 2020 AND UNDER
SECTIONS 143, 149, 290, 336 AND 141 OF THE INDIAN PENAL
CODE, 1890 IN SO FAR PETITIONER CONCERNED PENDING ON
THE FILE OF THE I ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC,
KANAKAPURA, RAMNAGARA DISTRICT, IN SO FAR AS THE
PETITIONER IS CONCERNED (ANNEXURE A), ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks quashing of the proceedings in C.C.No.194/2022 arising out of Crime No.1/2022 registered by respondent No.1-police, pending on the file of the I -3- NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR Additional Civil Judge (Jr.Dn.) & JMFC, Kanakapura, Ramanagara District, for the offences punishable under Section 5(3A) of the Karnataka Epidemic Diseases Act, 2020 and Sections 143, 149, 290, 336 & 141 of IPC and Charge Sheet dated 29.01.2022 filed under section 173 of Cr.P.C. filed by respondent no.1 pending on the file of the Principal Civil Judge (Jr.Dn) & JMFC, Kanakapura.
2. Heard learned counsel for the petitioner and learned Additional SPP for respondent No.1 and perused the material on record.
3. A perusal of the material on record will indicate that the petitioner viz., Saleem Ahmed was arraigned as accused No.11 in C.C.No.194/2022 along with accused Nos.1 to 10 and 12 to 64, pursuant to FIR in Crime No.1/2022. The offences alleged against the petitioner and other accused are under Sections 5(3A) of the Karnataka Epidemic Diseases Act, 2020 and Sections 143, 149, 290, 336 & 141 of IPC.
4. In this context, learned counsel for the petitioner invited my attention to an order of the Co-ordinate Bench of this Court passed in order to point out that Crl.P.No.3328/2023 dated -4- NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR 16.06.2023 as against accused No.1, in view of quashment of criminal proceedings qua accused No.1, the present petitioner who is accused No.11 in Crime No.1/2022 would be entitled to seek parity.
5. This Court in the case of D.K. Shivakumar vs. State of Karnataka and another - Crl.P.No.3328/2023 dated 16.06.2023, quashed the criminal proceedings qua accused No.1 and held as under:
"The petitioner is before this Court calling in question registration of crime in Crime No.3 of 2022 for offences punishable under Section 5(3A) of the Karnataka Epidemic Diseases Act, 2020 r/w. Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'the Act' for short), as also the charge sheet filed by the Police on 03-02-2022 in C.C.No.1663 of 2022 before the I Additional Civil Judge (Junior Division) & JMFC, Kanakapura for the aforesaid offences.
2. Facts, in brief, germane are as follows:-
The petitioner is the President of the Karnataka Pradesh Congress Committee. A complaint comes to be registered by the Child Development and Protection Officer, Kanakapura Taluk, Ramanagara District on 12-01-2022 alleging that the petitioner / President had organized a rally pertaining to Mekedatu issue and on 10-01-2022 between -5- NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR 11.30 a.m. and 12.30 p.m. visited Vishwodaya High School located in Krishnayyana Doddi Grama, Kanakapura Taluk.
During the visit to the school, accused No.2, Head Master of the School in order to enable the children of the school to take a picture with the petitioner pulled out the children from classes and brought them out to the open premises. On this allegation the complaint is registered contending that at the time when the said incident happened Standard Operating Procedure was in place and the action of the petitioner and accused No.2 was in violation of Section 5(3A) of the Karnataka Epidemic Diseases Act and Section 75 of the Act. The complaint becomes a crime in Crime No.3 of 2022. The Police conduct investigation and in a month's time, file a charge sheet before the concerned Court in C.C.No.1663 of 2022. The learned Magistrate takes cognizance of the offences on 02-07-2022 and issues summons to both the accused. The receipt of summons after taking of cognizance is what drives the petitioner to this Court in the subject petition.
3. Heard Sri Arnav A.Bagalwadi, learned counsel appearing for the petitioner and Sri Mahesh Shetty, learned High Court Government Pleader appearing for respondent No.1.
4. The learned counsel appearing for the petitioner would contend with vehemence that there is no substance in the allegation as the petitioner had not violated any provision of the Karnataka Epidemic Diseases Act as there is no notification issued under the said Act depicting a Standard -6- NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR Operating Procedure. Insofar as offences under the Act, the learned counsel would submit that Section 75 of the Act would become applicable only if the children are in the care and protection of the petitioner. Since neither of the offences can be laid against the petitioner, he seeks quashment of the entire proceedings.
5. Per contra, the learned High Court Government Pleader representing the State would refute the submissions to contend that the petitioner has violated the procedure and, therefore, it is a matter of trial for him to come out clean. But, he would admit the fact that in terms of the Karnataka Epidemic Diseases Act, no notification is issued by the State invoking the said Act.
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 -7- NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR 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 -8- NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR 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:
-9-NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR "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,
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NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR 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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NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR
(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.
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NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR
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 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:
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NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR 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.
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NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR 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 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 ¸ÀPÁðgÀªÅÀ PÉÆëqï-19 ¸ÁAPÁæ«ÄPÀ gÉÆÃUÀ ºÀgÀqÀĪÀÅzÀ£ÀÄß vÀqÀUl À ÄÖªÀ ¸À®ÄªÁV ºÉÆgÀr¹zÀÝ RD/158/TNR/2020 Date 04/01/2022 PÉÆëqï-19 ªÀiÁUÀð¸ÀÆaAiÀÄ£ÀÄß G®èAX¹, ªÀÄPÀ̼ÄÀ UÀ½AzÀ "£ÀªÄÀ ä ¤ÃgÀÄ, £ÀªÀÄä ºÀPÀÄÌ" JA§ WÉÆõÀuÉAiÀÄ£ÀÄß PÀÆV¹, ªÀÄPÀ̼À£ÀÄß gÁdQÃAiÀĪÁV ¥ÉæÃgɦvÀUÆ É ¼ÀÄîªÀAvÉ ªÀiÁr, ¸ÀPÁðj ºÉÆgÀr¹gÀĪÀ RD/158/TNR/2020 Date 04/01/2022 PÉÆëqï-19 ªÀiÁUÀð¸ÀÆaAiÀÄ£ÀÄß G®èAX¹gÀĪÀÅzÀÄ vÀ¤SɬÄAzÀ zÀÈqsÀ¥n À ÖgÀÄvÀÛzÉ."
The petitioner appears to have made the children to eco with him "£ÀªÀÄä ¤ÃgÀÄ, £ÀªÄÀ ä ºÀPÄÀ Ì". This is said
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NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR 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."
6. In the instant case, it is an undisputed fact that proceedings as against accused No.1 has been quashed by the co-
ordinate Bench of this Court in Crl.P.No.3328/2023 dated
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NC: 2025:KHC:23999 WP No. 18095 of 2025 HC-KAR 16.06.2023 and consequently, by applying the doctrine of parity, the proceedings against the petitioner - accused No.11 in this petition also deserves to be quashed.
7. In the result, I pass the following:
ORDER
(i) Petition is hereby allowed.
(ii) The proceedings in C.C.No.194/2022 arising out of FIR in Crime No.1/2022 registered by respondent -
Police, pending on the file of the I Additional Civil Judge (Jr.Dn.) & JMFC, Kanakapura, Ramanagara District, for the offences punishable under Sections 5(3A) of the Karnataka Epidemic Diseases Act, 2020 and Sections 143, 149, 290, 336 & 141 of IPC and Charge Sheet dated 29.01.2022 filed under Section 173 of Cr.P.C. filed by respondent No.1 pending on the file of the Principal Civil Judge (Jr.Dn) & JMFC, Kanakapura insofar as the petitioner-accused No.11 is concerned, are hereby quashed;
(iii) Pending interlocutory applications stand disposed of.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE hkh.