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2025 DIGILAW 1121 (KAR)

Naveen Kumar G. , S/o. Aitahappa Ranya v. State Of Karnataka, Through Kadaba PS, Represented By Spp

2025-11-12

S.R.KRISHNA KUMAR

body2025
ORDER : S.R.KRISHNA KUMAR, J. In this petition, petitioner seeks quashing of the impugned complaint and FIR in Crime No.42/2025 registered by the respondent – Police against the petitioner for an alleged offence punishable under Section 353(2) of BNS, 2023 (Section 505(2) of IPC) and for other reliefs. 2. Heard learned Senior counsel for the petitioner and learned Addl.SPP for the respondent – State and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior counsel for the petitioner submits that the impugned complaint and FIR do not disclose the commission of the alleged offence by the petitioner and the vague, bald, general and omnibus allegations made in the complaint do not contain the necessary ingredients to attract the alleged offence and as such, the impugned complaint and FIR deserve to be quashed. In support of his submissions, learned Senior counsel for the petitioner placed reliance upon the following judgments:- (i) Imran Pratapgadhi vs. The State of Gujarat and Another; 2025 SCC OnLine SC 678 (ii) Shiv Prasad Semwal vs. State of Uttarakhand and Others; (2024) 7 SCC 555 (iii) Javed Ahamad Hajam vs. The State of Maharashtra; (2024) 4 SCC 156 (iv) Patricia Mukhim vs. State of Meghalaya and Others; (2021) 15 SCC 35 (v) Manzar Sayeed Khan vs. State of Maharashtra and Another with Vinod Hansraj Goyal vs. State of Mahashtra; (2007) 5 SCC 1 (vi) Bilal Ahmed Kaloo vs. State of Andhra Pradesh & State of Andhra Pradesh vs. Bilal Ahmed Kalo; (1997) 7 SCC 431 (vii) Sri. B.Y. Vijayendra vs. Sri Prashant Makanur; Crl.P.No. 5478/2024 dated 27.11.2024 (viii) Sri. Suresha and Others vs. The State of Karnataka and Another; Crl.P.No. 5694/2024 dated 20.09.2024 (ix) Sri. B. Nagaraju and Others vs. The State of Karnataka and Another; Crl.P.No. 13367/2024 dated 16.12.2024 (x) Sri Basavangouda R Patil vs. The State of Karnataka and Another; Crl.P.No. 11842/2024 dated 12.12.2024 (xi) Naseeruddin and Others vs. The State of Karnataka and Another; Crl.P.No. 4908/2022 and connected matters dated 16.11.2023 (xii) Rahul Sivasankart vs. CID and Another; Crl.P.No. 2457/2024 dated 17.03.2025 (xiii) Sri Krishna Upadyaya vs. The State of Karnataka and Another; Crl.P.No. 18261/2023 dated 27.09.2023 (xiv) Mohammed Ataulla A and Others vs. The State of Karnataka and Another; Crl.P.No. 3768/2020 dated 05.10.2020 4. Per contra, learned Addl. Per contra, learned Addl. SPP for the respondent – Police would reiterate the various contentions urged in the statement of objections and submits that in addition to the impugned complaint and FIR, the contents of the photos, videos and hate speech of the petitioner would indicate that he was guilty of the alleged offence and the petitioner having been involved in four other criminal cases, is not entitled to any relief in the present petition, which is liable to be dismissed. 5. I have given my anxious consideration to the rival submissions and perused the material on record. 6. Before adverting to the rival submissions of the parties, it would be appropriate to extract the complaint, which reads as under:- 7. As can be seen from the impugned complaint, it is alleged that the petitioner along with others were staging / holding a protest in front of the police station and the petitioner made allegation against the police authorities that they are targeting Hindu leaders by going to their houses during night hours thereby committing the alleged offence. In this context, it is relevant to state that the said allegation clearly does not constitute commission of the alleged offence punishable under Section 353(2) of BNS, 2023 (Section 505(2) of IPC), which reads as under:- “ 353. (1) Whoever makes, publishes or circulates any statement, false information, rumour, or report, including through electronic means— (2) Whoever makes, publishes or circulates any statement or report containing false information, rumour or alarming news, including through electronic means, with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.” 8. In Imran Prathapgadhi’s case supra, the Apex Court held as under:- “1. On 26 th January 2025, our Constitution became 75 years old. One of the most important fundamental rights conferred on the citizens of India is under Article 19 (1)(a) of the Constitution. It is the fundamental right of freedom of speech and expression. In Imran Prathapgadhi’s case supra, the Apex Court held as under:- “1. On 26 th January 2025, our Constitution became 75 years old. One of the most important fundamental rights conferred on the citizens of India is under Article 19 (1)(a) of the Constitution. It is the fundamental right of freedom of speech and expression. This case shows that even after 75 years of the existence of our Constitution, the law enforcement machinery of the State is either ignorant about this important fundamental right or does not care for this fundamental right. 2. The issue in this appeal revolves around a poem recited in the background of a video clip. The video clip was posted on social media by the appellant. The text of the poem has been reproduced in paragraph 13 of the impugned judgment, which reads thus: xxxxxxxxxxxxxxxxxxx 3. The appellant is a Member of the Rajya Sabha. The 2 nd respondent is the first informant at whose instance a First Information Report (for short, ‘FIR’) was registered with Jamnagar Police Station for the offences punishable under Sections 196, 197(1), 302, 299, 57 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’). In the complaint of the 2 nd respondent, he stated that on 29 th December 2024, on the occasion of the birthday of one Altaf Ghafarbhai Khafi, a member of the Municipal Corporation of Jamnagar, a mass wedding program was held at Sanjari Education and Charitable Trust. The said Municipal Councillor invited the present appellant to the function. A video of the event was made. The appellant posted the video on the social media platform ‘X’ from his verified account. The video has the recitation of the poem reproduced above in the background. The allegation in the complaint is that the spoken words of the poem incite people of one community against another, and it hurts a community's religious and social sentiments. It is alleged that the song had lyrics that incited people of other communities to fight for the community's rights. It is alleged that the video posted by the appellant created enmity between two communities at the national level and hatred towards each other. It was further alleged that it had a detrimental effect on national unity. Xxxxx 9. It is alleged that the song had lyrics that incited people of other communities to fight for the community's rights. It is alleged that the video posted by the appellant created enmity between two communities at the national level and hatred towards each other. It was further alleged that it had a detrimental effect on national unity. Xxxxx 9. A broad English translation of the said poem reads thus: “Those who are blood thirsty, listen to us If the fight for our rights is met with injustice We will meet that injustice with love If the drops flowing from a candle are like a flame (Analogy : if the tears from our face are like a flame) We will use it to light up all paths If the bodies of our loved ones are a threat to your throne We swear by God that we will bury our loved ones happily. Those who are blood thirsty, listen to us.” 10. On plain reading of the original Urdu version and its English translation, the following conclusions can be drawn: a) This poem has nothing to do with any religion, community, region or race; b) By no stretch of imagination, the contents affect national integration; c) It does not jeopardise the sovereignty, unity, integrity or security of India; d) It suggests that while fighting to secure our rights if we are met with injustice, we will face it with love. We will use our tears as flames to light up all paths; e) It gives a warning to the throne (the rulers). It states that if the bodies of our loved ones are a threat to the rulers, we will bury our loved ones happily; f) It preaches non-violence. It says that if the fight for our rights is met with injustice, we will meet injustice with love. This gives a message that injustice should not be retaliated, but it should be met with love; g) The poem refers to the throne in the context of the fight against injustice. The reference to the throne is symbolic. It is a reference to an entity which is responsible for causing injustice. It gives a warning that if the bodies of loved ones are a threat to the throne, we will happily accept the deaths of our loved ones. The reference to the throne is symbolic. It is a reference to an entity which is responsible for causing injustice. It gives a warning that if the bodies of loved ones are a threat to the throne, we will happily accept the deaths of our loved ones. It suggests that one should be willing to sacrifice life in the fight against injustice; and h) Thus, the poem does not encourage violence. On the contrary, it encourages people to desist from resorting to violence and to face injustice with love. It states that if our fight with injustice results into the death of our near and dear ones, we would be happy to bury their bodies. WHETHER ANY OFFENCE IS MADE OUT 11. Now, let us turn to the FIR, the English translation of which has been annexed to the petition. The relevant part of the FIR reads thus: “According to Section 196, 197(1) 302 299, 57, 3(5)of the Penal Code, 1860 2023, it is in such a way that the Imran Pratapgarhi has created a verified X Account named Imran Pratapgarhi Shayarlmran on social media platform X with the username link https://x.com/shayarimran?ss in the bio of which is Official Twitter Account of Imran Pratapgarhi