Criminal Petition filed to quash charge-sheet under Karnataka Epidemic Diseases Act, 2020 alleging violation during COVID-19 lockdown. Court held prima facie material showed violation of governmental orders and dismissed petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.4567 OF 2021
BETWEEN:
... PETITIONERS
(BY SRI ARAVIND KAMATH, SENIOR COUNSEL, ALONG WITH SRI PRASHANT POPAT, ADV.)
AND:
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... RESPONDENTS
(BY SRI B.J. ROHITH, H.C.G.P.) * * *
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS INCLUDING THE COMPLAINT, F.I.R. NO.37 OF 2021 AND THE CHARGE-SHEET IN C.C. NO.879 OF 2021 ON THE FILE OF THE COURT OF THE J.M.F.C. (III COURT), MANGALURU.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 30-7-2021 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
O R D E R
This petition is filed by accused Nos.1 and 2 under Section 482 of the Code of Criminal Procedure, 1973, for quashing the charge-sheet filed by Mangaluru Rural Police Station in Crime No.37 of 2021 for the offences punishable under Sections 5(1) and 5(4) of the Karnataka Epidemic Diseases Act, 2020 (for short, ‘the Act’).
the petitioners and the learned High Court Government Pleader for respondent Nos.1 and 2.
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29-4-2021 at 1.00 p.m., Smt. Manjula P., Police Sub-
Inspector, registered a case against petitioner No.1Chairman and Trustee of Experts Educational and Charitable Foundation (coaching centre) alleging that,
there was order of the State Government that after 10.00 p.m., no one should gather and curfew was posed by the State Government as well by the local authorities. When she was on patrolling duty during lockdown at 11:30 a.m. near Experts Educational and Charitable Foundation, she saw 20 to 30 persons gathered in a group without following social distance and they are said to be parents of the students, who are staying in the hostel of the coaching centre and thereby, they violated the Circular issued by the State Government and allowed to spread COVID-19 disease and the same is videographed by the Police Officer. After registering the complaint, the Police investigated the matter and filed charge-sheet. Hence,
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the petitioners are before this Court for quashing of the charge-sheet.
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they also issued a Circular through e-mail to the parents informing them about the suspension of classes and instructions given to the students to remain in hostel. On 23-4-2021, Hon’ble Minister for Education also issued a Circular to all educational institutions to refrain from sending out students from hostels and instead to encourage the students to remain in hostel and continue their studies in the hostel. Pursuant thereto, the Deputy Director of Pre-University also sent out a WhatsApp communication to the Principals of Pre-university Colleges, specifically instructing the residential colleges should not send students to their natives as the practical exams would be advanced from 28-4-2021 to 18-5-2021. In the meantime, some parents grew wary and anticipating lockdown restrictions, they wanted to take back their wards to their homes and as such, they started seeking permission of the College administration. Despite the persistent appeal and instructions of the College administration, some students went out of the hostel.
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Learned counsel further submits that on 29-4-2021, the Institution also obtained permission from the Deputy Commissioner and the Deputy Commissioner granted permission to allow the students to go out of the hostel with their parents on request. Some of the parents gathered in front of the campus and the Police registered a false case against the petitioners. The petitioners already obtained permission from the Deputy Commissioner to send students along with their parents when they came near the campus. Absolutely, there is no offence committed by the petitioners. There is no negligence on the part of the petitioners for having violated any Circular/orders of the State Government in order to attract provisions under the purview of Sections 4 and 5(1) of the Act. However, a false case has been registered and charge-sheet has been filed. Learned counsel also submitted that there is variation in the averments of the complaint and in the charge-sheet. Charge-sheet is not
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sustainable. Therefore, he prayed for allowing the petition.
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duty at 11:30 p.m. in front of the campus of College, there were huge number of people gathered, who are said to be parents of the students staying in the hostel and they had come to take back their children. After looking to the huge gathering of parents without any social distancing which amounts to violation of the order of the Authority of the State, the Police registered a case against the petitioners. In pursuant to lockdown, the State Government issued a Notification dated 20-4-2021 directing closure of various activities, including schools, colleges and education institutions and direction was issued for strict compliance of the orders of the State by the Deputy Commissioner of Districts and Superintendent of Police and other Departments. As per Annexure-B at item No.3, it is categorically stated that schools, colleges, educational/training/coaching institutions etc. will remain closed. Online/distance learning shall continue to be permitted and shall be encouraged. In compliance with the said Notification, the College administration
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issued a Circular dated 21-4-2021 canceling the classes and issued notice for the students directing them to remain inside their hostel rooms and to do self study as per Annexure-C. Further, on the same day, the petitioners also issued a Circular through e-mail to the parents informing them about the suspension of classes and instructions given to the students to remain in hostel as per Annexure-E. However, in the mails said to be sent to the parents, they have not stated anything regarding taking back their wards. On 23-4-2021, Hon’ble Minister for Education also issued a Circular to all educational institutions to refrain from sending out students from hostels and instead to encourage the students to remain in hostel and continue their studies in the hostel as per Annexure-F. Pursuant thereto, the Deputy Director of Pre-University also sent out a WhatsApp communication to the Principals of Pre-university Colleges, specifically instructing the residential colleges should not send students to their natives as the practical exams would be
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advanced from 28-4-2021 to 18-5-2021. In view of the imposition of the lockdown by the State Government, the College administration again issued email instructions dated 27-4-2021 requesting the parents not to rush to the campus as per Annexure-H. However, there is no reference available whether the mails sent by the College administration have been received by the parents or not. As per Annexure-J, the Deputy Commissioner permitted the College administration to send the wards along with their parents. On careful perusal of the same, the said permission has been obtained by the petitioners after registering the complaint by the Police. The offence was already committed between 11:30 a.m. and 12:30 p.m. The Police Officer has videographed regarding gathering of the parents in front of the campus. Parents were agitated. Watchman of the College has not allowed the parents inside the campus and the College gate was locked. When the College administration did not allow the parents inside the campus, the parents started
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complaining to the Police and District Administration. Accordingly, the Police Officer has taken action by registering the complaint against the petitioners at 1.00 p.m. Subsequently, after registration of the F.I.R., the petitioners rushed to Deputy Commissioner’s Office seeking permission to allow the students to go home with their parents. Therefore, Annexure-J cannot be considered as a prior permission obtained by the College from the Deputy Commissioner in order to avoid untoward incident. Perusal of the charge-sheet material produced by the learned High Court Government Pleader clearly reveals the parents of the wards were not allowed inside the campus and they were forced to stand in front of the gate. Entire episode of gathering was videographed by the Police Officer and after due investigation, the Police have filed charge-sheet. Therefore, the documents produced by the petitioners that they have sent mails to the parents of the students informing that their children are safe is without any acknowledgment and the same cannot be
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acceptable and cannot be looked into without going for trial. Looking to the material, there is prima-facie case made out for having violated the rules and guidelines of the Government. Offence punishable under Section 5 of the Act is cognizable and non-bailable. Such being the case, there is no ground made out by the petitioners to quash the charge-sheet. On the other hand, the chargesheet material clearly shows that there is violation of the rules and Circular issued by the Deputy Commissioner and the orders of the Government which amounts to offence under the Karnataka Epidemic Diseases Act, 2020. Therefore, without going for trial, it is not correct for quashing the charge-sheet and the same is liable to be dismissed.
Accordingly, the petition is dismissed .
Sd/JUDGE
kvk
1 issue framed by the court
Whether the materials on record prima facie establish an offence under the Karnataka Epidemic Diseases Act, 2020 warranting dismissal of the quashing petition.
2 provisions across 2 enactments
SRI NARENDRA L. NAYAK
THE BOARD OF TRUSTEES EXPERT EDUCATIONAL & CHARITABLE FOUNDATION
THE STATE OF KARNATAKA
SMT. MANJULA P.
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
