SMT. RASHIDA BEGAM v. THE STATE OF KARNATAKA

THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102263 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SMT. RASHIDA BEGAM W/O GULABMOHMED BABAKHAN, AGE. 59 YEARS, OCC. HOUSEHOLD, R/O. H.NO.62, TUNGAM VIHAR, NEAR AKBAR MASJID, DELHI-110 001. (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) … PETITIONER AND: THE STATE OF KARNATAKA, THROUGH MALAMARUTHI POLICE STATION, BELAGAVI, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. (BY SMT. GIRIJA S. HIREMATH, HCGP) … RESPONDENT RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE FURTHER PROCEEDINGS IN C.C. NO.500/2020 PENDING ON THE FILE OF THE JMFC-II COURT BELAGAVI FOR THE OFFENCES UNDER SECTION 13, 14(B) OF THE FOREIGNERS ACT AND 3 OF EPIDEMIC DISEASE ACT, AND ALL OTHER PROCEEDINGS ARISING THERE FROM AGAINST THE PETITIONER/ACCUSED NO.3, TO MEET THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 2 - NC: 2025:KHC-D:12791 CRL.P No. 102263 of 2025 HC-KAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

The petitioner/accused No.3 is before this Court with a prayer to quash the entire proceedings C.C.No.500/2020 pending before the Court of JMFC-II, Belagavi registered against her for the offences punishable under Sections 13 & 14(b) of the Foreigners Act and Section 3 of the Epidemic Diseases Act.

Heard learned counsel for the parties. Under similar circumstance the petitioner had filed Criminal Petition No.102150 of 2025 before this Court seeking similar relief and the said petition was allowed by the Coordinate Bench of this Court by order dated

18.07.2022. In paragraph Nos.6 to 8 of the said order, it has been observed as follows: “6. Upon perusal of the entire material available on record, it appears that the de facto complainant has not made any allegations against petitioner-accused No.3 that she has committed alleged offences. The charge-sheet materials also do not make out any ingredients of the provisions of Section 3 of Epidemic Diseases Act, more particularly, petitioner-accused No.3 is concerned. Further, petitioner-accused No.3 had undergone Covid-19 test on 02.06.2020 and it was negative. Therefore, Section 3 of Epidemic Diseases Act will not apply to her. - 3 - NC: 2025:KHC-D:12791 CRL.P No. 102263 of 2025 HC-KAR

7. The Fir was registered by Malamaruthi Police, Belagavi City, against accused No.1, who is foreign national, for violation of 18 conditions of Visa and against other Indian nationals for abatement of violation of such conditions. Admittedly, accused No.1 is the national of Indonesia and visited India during the one set of Covid-19 pandemic. The allegations against accused No.1 is that he in propagation and preaching of religious indulged thoughts to the localities by staying in the Delhi Markad Nijamuddin Masjid on 09.03.2020.

8. The petitioner has already tested negative for COVID-19, as evidenced by the COVID-19 test result dated 02.06.2020, which undermines any possibility of her being a threat under Section 3 of the Epidemic Diseases Act. The prosecution has failed to provide any evidence linking her actions with the spread of COVID-19. The only allegation against the petitioner-accused No.3 is that she assisted and urged accused No.1 to stay at the mosque. There is no substantial evidence to support the allegations against accused No.3. Therefore, the proceedings against her should be quashed in the interest of justice.”