Karnataka HC Quashes COVID-Breach Case Against 9 Men Accused Of Gathering To Protest Mekedatu Project, Citing No Photo Or Video Evidence

In brief

The question

1. Whether the complaint and charge-sheet materials disclosed a sufficient basis to proceed against the petitioners for the alleged offences

The court held

The Court allowed the petition and quashed the proceedings against accused Nos. 1 to 9 in C.C. No. 14/2023, arising from Crime No. 9/2022, for the offences under Sections 143, 188, 269 and 149 of the IPC and Section 4(2)(a) of the Karnataka Epidemic Diseases Act, 2020.

It also directed

01Facts

The petitioners sought to quash proceedings in C.C. No. 14/2023, arising from an FIR registered after an Assistant Sub-Inspector lodged a suo motu complaint.

pp. 3–5

The complaint alleged that, on 11 January 2022, the petitioners and others assembled near Jangamakote Cross to discuss a proposed Mekedatu project procession, without masks or adequate physical distancing, contrary to COVID-19 government guidelines. The police filed a charge sheet alleging offences under Sections 143, 188 and 269 read with Section 149 of the IPC, and Section 4(2)(a) of the Karnataka Epidemic Diseases Act, 2020; the Magistrate took cognizance.

pp. 4–5

02Issues

i.1. Whether the complaint and charge-sheet materials disclosed a sufficient basis to proceed against the petitioners for the alleged offences

pp. 5–7

ii.2. Whether, in the absence of corroborative material, continuation of the criminal proceedings would amount to an abuse of the process of the Court

pp. 7–8

03Law Applied

Section 482 of the Cr.P.C. empowers the High Court to quash criminal proceedings where their continuation would amount to an abuse of the process of the Court.

pp. 3–4, 8

The prosecution invoked Sections 143, 188, 269 read with Section 149 of the IPC, and Section 4(2)(a) of the Karnataka Epidemic Diseases Act, 2020, in connection with the alleged unlawful assembly, disobedience of directions and violation of COVID-19 restrictions.

pp. 3–5, 8

Provisions in the judgment · 7 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 482

Indian Penal Code, 1860 Section 143 Section 188 Section 269 Section 149

KARNATAKA EPIDEMIC DISEASES ACT, 2020. Section 4 Section 5

04Reasoning

The Court noted that the complaint alleged an attempted protest and violations of mask and distancing requirements, while the charge-sheet materials described the petitioners as standing together and failing to comply with police directions to maintain distance and disperse.

pp. 5–7

It found that the police had not specified whether anyone other than the petitioners was present, and had produced no photographs or videography to substantiate the alleged deliberate violation of government guidelines. In the Court’s view, the resulting allegations were bald and omnibus; their continuation therefore would constitute an abuse of the process of the Court.

pp. 7–8