RAJEEV GOWDA vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:60808
CRL.P No. 1225 of 2024


CNR: KAHC010066442024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K

CRIMINAL PETITION NO.1225 OF 2024


BETWEEN:

1. RAJEEV GOWDA
S/O VARADAPPA,
AGED ABOUT 42 YEARS,
ABD GROUP FOUNDER AND SOCIAL WORKER,
SHIDLAGHATTA
BENDIGARAHALLI VILLAGE,
NEAR MANDURU, HOSKOTE TALUK,
BENGALURU DIST. - 563 152.

2.
CHALAPATHI
S/O NAGARAJA,
AGED ABOUT 39 YEARS,
ANURU VILLAGE,
SHIDLAGHATTA TOWN,
CHIKKABALLAPURA 563 125.

3. HARISH
S/O SEENAPPA,
AGED ABOUT 37 YEARS,
JANGAMAKOTE VILLAGE,
SHIDLAGHATTA TOWN,
CHIKKABALLAPURA 563 125.

4.
MUNIRAJU
S/O LATE MARIYAPPA,











Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA

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CRL.P No. 1225 of 2024


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AGED ABOUT 41 YEARS,
JANGAMAKOTE VILLAGE,
SHIDLAGHATTA TOWN,
CHIKKABALLAPURA 563 125.

5.
CHANDRASHEKAR
S/O NARASIMHAPPA
AGED ABOUT 44 YEARS,
G.NAKKALAHALLI VILLAGE,
SADALI HOBLI,
SHIDLAGHATTA TALUK,
CHIKKABALLAPURA 563 125.

6. MANJUNATHA
S/O CHIKKABACHAPPA
AGED ABOUT 43 YEARS,
YANNURU VILLAGE,
SHIDLAGHATTA TOWN,
CHIKKABALLAPURA 563 125
7.
BABU
S/O ERAPPA
AGED ABOUT 28 YEARS,
BHAKTHARAHALLI VILLAGE,
SHIDLAGHATTA TOWN,
CHIKKABALLAPURA - 563 125.

8. SRINATH K.R.
S/O RAMAPPA,
AGED ABOUT 27 YEARS,
GURUBACHANAPADE VILLAGE,
SHIDLAGHATTA TOWN,
CHIKKABALLAPURA - 563 125.

9. RAVI
S/O THIMMARAYAPPA,

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HC-KAR
NC: 2026:KHC:60808
CRL.P No. 1225 of 2024


CNR: KAHC010066442024



AGED ABOUT 31 YEARS,
ANURU VILLAGE,
SHIDLAGHATTA TOWN,
CHIKKABALLAPURA - 563 125.
…PETITIONERS
(BY SRI. HALESHA R.G., ADVOCATE)
AND:

1.
THE STATE OF KARNATAKA
BY THE SHIDLAGHATTA RURAL
POLICE STATION,
SHIDLAGHATTA CIRCLE,
REPRESENTED BY THE SPP,
HIGH COURT OF KARNATAKA,
BENGALURU 560 001.

2. SRI. KRISHNAPPA
AGED ABOUT 61 YEARS,
FATHER NAME NOT KNOWN,
ASI, SHIDLAGHATTA RURAL
POLICE STATION,
SHIDLAGHATTA TALUK
CHIKKABALLAPURA DISTRICT - 563 125.
…RESPONDENTS
(BY SRI.MAHESHA P., HCGP)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE CHARGE SHEET NO.A.NO.149/2022 DATED
05.08.2022 AND ENTIRE PROCEEDINGS THERETO IN
C.C.NO.14/2023 ON THE FILE OF THE PRL. CIVIL JUDGE
(SR.DN.) AND C.J.M., AT SHIDLAGHATTA, CHIKKABALLAPUR
DISTRICT REGISTERED ON FIR NO.09/2022 WITH THE
SHIDLAGHATTA RURAL POLICE STATION, FOR THE OFFENCE
P/U/S 143, 188, 269, 149 OF IPC, U/S 4(2)(a) (COURT TAKEN
COGNIZANCE U/S 5(1) OF THE KARNATAKA EPIDEMIC

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HC-KAR
NC: 2026:KHC:60808
CRL.P No. 1225 of 2024


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DISEASES ACT, 2020, AGAINST THE PETITIONERS AS
ACCUSED NO.1 TO 9.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

This petition is filed under Section 482 of Cr.P.C. to quash
the proceedings in C.C.No.14/2023, arising out of Crime
No.9/2022 dated 12.01.2022, filed by the Shidlagatta Rural
Police Station, Chikkaballapura District, against the petitioners
for the offences punishable under Sections 143, 188, 269 r/w
149 of IPC r/w 4(2)(a) of KED Act, pending on the file of Prl.
Civil Judge and JMFC, Shidlaghatta, Chikkaballapura.

2. The brief facts of the case are that respondent No.2, the
suo moto
ASI of Shidlaghatta Rural Police Station, lodged a
complaint before respondent No.1-Police on 12.01.2022,
alleging that on 11.01.2022 at about 10.00 a.m., near
Jangamakote Cross, the petitioners and others had assembled
and were discussing the proposed conduct of a procession in
support of the implementation of the Mekedatu project for the

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supply of river water, in violation of the guidelines issued by
the State Government in view of the COVID-19 pandemic. It
was further alleged that the petitioners were not wearing
masks and had failed to maintain the requisite physical
distance, as prescribed under the Government notification
issued to prevent the spread of the Corona virus. Accordingly,
respondent No.2 lodged the complaint. Based on the said
complaint, FIR came to be registered in Crime No.9/2022 on
12.01.2022 for the aforementioned offences. Subsequently,
respondent No.1-Police conducted investigation and laid charge
sheet against the petitioners for the aforesaid offences. The
learned Magistrate, thereafter, took cognizance of the offences.
Being aggrieved by the same, the petitioners have preferred
this petition.
3. Heard the learned counsel for petitioners and learned
HCGP for respondents.
4. The primary contention of the learned counsel for the
petitioners is that, on a perusal of the complaint averments, it
is evident that the petitioners had not assembled at the spot for
the purpose of conducting any rally or protest in support of the

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CRL.P No. 1225 of 2024


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Mekedatu project. He further contends that the allegations
made in the complaint are contradictory to the averments in
the charge sheet. In the charge sheet, it is stated that the
petitioners had assembled at Jangamakote Circle and, despite
the Police directing them to disburse from the said place, they
continued to remain there and thereby violated the
Government guidelines. However, the allegations in the
complaint are contrary to the said version. In view of these
inconsistencies, learned counsel submits that the offences
alleged against the petitioners are not attracted and that
continuation of the proceedings would amount to an abuse of
the process of the Court. Accordingly, he prays to allow the
petition.
Per contra
5. , this prayer is opposed to the learned HCGP on
the ground that, now the charge sheet has been filed. The
statement of witness revealed the participation of these
petitioners in the crime. Accordingly, he prays to dismiss the
petition.
6. I have given my anxious consideration both on the
submission and perused the materials on record.

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CRL.P No. 1225 of 2024


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7. As could be gathered from the complaint averments, the
petitioners and others had allegedly assembled at Jangamakote
Circle without wearing masks and maintaining the requisite
physical distance, in violation of the guidelines issued by the
State Government, and were attempting to protest against the
Mekedatu scheme/project. However, the charge sheet materials
and the statements of the witnesses disclose that only the
petitioners, were standing together in a group and that the
Police had instructed them to maintain physical distance and
disburse from the said place. Despite such instructions, they
allegedly failed to comply with the same. However, the Police
have not specifically stated whether any persons other than the
petitioners were present at the spot. Further, no videography
or photographs have been produced by the Police to
substantiate the allegation that the petitioners had deliberately
violated the Government guidelines. In the absence of any
evidence corroborating the allegations made by the Police, the
allegations remain bald and omnibus in nature. In such
circumstances, continuation of the proceedings against the

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HC-KAR
NC: 2026:KHC:60808
CRL.P No. 1225 of 2024


CNR: KAHC010066442024



petitioners would amount to an abuse of the process of the
Court. Accordingly, I proceed to pass the following:
ORDER
allowed
i. The criminal petition is .

ii. The proceedings against the
petitioners/accused Nos.1 to 9 in
C.C.No.14/2023, arising out of Crime
No.9/2022 dated 12.01.2022, filed by the
Shidlagatta Rural Police Station,
Chikkaballapura District, for the offences
punishable under Sections 143, 188, 269, 149
of IPC and 4(2)(a) of KED Act, pending on the
file of Prl. Civil Judge and JMFC, Shidlaghatta
are hereby quashed.

SD/-
(RAJESH RAI K)
JUDGE








GPG/List No.: 1 Sl No.: 15