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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. Krishna Kumar
Basavaraj Bommai, S/O Late Somappa Bommai – Appellant
Versus
State Of Karnataka, By Savanur Police Station – Respondent
ORDER :
S.R. Krishna Kumar, J.
1. In this petition, the petitioner has sought for the following reliefs:
"I. Quash the Complaint dated 04.11.2024 (Annexure A), First Information Report bearing Crime No.0208/2024 dated 04.11.2024 (Annexure B) registered against the Petitioner for the offences punishable under Section 196 (1)(a) of the Bharatiya Nyaya Sanhita, 2023 and the notice issued under Section 35 (3) of BNSS in Crime No.0208/2024 dated 07.11.2024 (Annexure-C) and all further investigation thereto pending on the file of the Learned Civil Judge & JMFC Court, Savanur, Haveri District, as against the Petitioner.
II, Further this Hon'ble Court may be pleased to grant such other reliefs as deemed fit in the interest of justice and equity."
2. Heard learned Senior Counsel for the petitioner and learned Additional SPP for respondent No.1 and perused the material on record. Respondent No.2 has been served and remained unrepresented.
3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, the learned Senior Counsel for the petitioner invited my attention to the impugned complaint and FIR in order to point out that necessary ingred
The FIR lacks necessary ingredients for offences under Section 196(1)(a) of the Bharatiya Nyaya Sanhita, justifying its quashing due to vagueness.
The court established that mere expressions of political support do not constitute an offence under Section 153A IPC unless they promote enmity between distinct groups.
The court emphasized the need to protect freedom of speech under Article 19(1)(a) and determined the FIR lacked basis for criminal charges under Sections 353(2) and 505(2).
The court ruled that mere dissent or criticism of government actions does not constitute an offence under Section 153A IPC unless it promotes enmity or hatred.
FIR quashed - Through Facebook ID, posted objectionable material - Religious sentiments - Petitioner has shared post of other person, even, contents of FIR does not, prima facie, establish alleged of....
(1) Hurting religious and social sentiments of one community – Acceptance of freedom to express a view which may not accord with mainstream are cardinal values – A society wedded to rule of law canno....
Prosecution under Section 153A of the IPC requires specific allegations of individual involvement and prior government sanction; failure to establish these voids proceedings.
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