Reserved on : 21.01.2026 Pronounced on : 21.02.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.11694 OF 2024 BETWEEN:

SRI VENUGOPAL B.C., ... PETITIONER (BY SMT.RADHIKA K., ADVOCATE FOR SRI THIMMEGOWDA N., ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA BY BAGALAGUNTE POLICE STATION BENGALURU – 560 073 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001.

2 . SRI B.M.CHIKKANNA ... RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;

SRI T.R.RAMAKRISHNA, ADVOCATE FOR R-2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023 PRAYING TO QUASH THE ENTIRE FIR IN CR.NO.377/2024 PENDING ON THE FILE OF THE XXXI ACJM, BANGALORE CITY REGISTERED BY BAGALUGUNTE POLICE, FOR THE ALLEGED OFFENCE U/S 2 OF PREVENTION OF INSULT TO THE NATIONAL HONORS ACT, 1971.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 21.01.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA CAV ORDER The petitioner is before this Court calling in question registration of a crime in Crime No.377 of 2024 registered for offences punishable under Section 2 of the Prevention of Insult to National Honors Act, 1971 (hereinafter referred to as ‘the Act’ for short).

2. Heard Smt K. Radhika, learned counsel appearing for the petitioner; Sri B.N.Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri T.R. Ramakrishna, learned counsel appearing for respondent No.2.

3. Facts, in brief, germane are as follows:-

The petitioner is the Principal of Bagalagunte Government High School, Nagasandra and claims to be a reputed teacher. On 02-10-2024 celebrations of Gandhi Jayanthi at Bagalagunte Government High School, Nagasandara took place. WhatsApp status of all the students and many others are found with regard to the celebrations of Gandhi Jayanthi at the school premises. The 2^nd respondent notices that in the whatsapp status, the petitioner is standing with his slippers on the National Flag. Alleging that the petitioner has disrespected the Indian National Flag, seeks action to be taken against him by registering a complaint against the petitioner on 05-10-2024. This becomes a crime in Crime No.377 of 2024 as obtaining under Section 2 of the Act. Registration of crime drives the petitioner to this Court in the subject petition.

4. The learned counsel appearing for the petitioner Smt. Radhika K, would vehemently contend that the mobile phone of the petitioner was with the students. The students have edited the picture of the petitioner and placed him above the National Flag. He had no intention to insult the National Flag nor had any knowledge about what was being circulated by the students. It is her submission that petitioner is a very strict teacher. Therefore, the students have an animosity against him and have edited his image only to create embarrassment to the petitioner. The petitioner is a reputed teacher and has been the Principal of Bagalagunte Government High School for 7 to 8 years. He has great respect to the National Flag and he could not even imagine of disrespecting the National Flag. There is no instance of antecedent except the one that is now projected in the subject crime. She would further contend that the 2^nd respondent/complainant has an axe to grind against the petitioner and has therefore, registered the subject crime. The Police even without looking to the pictures have registered the crime.

5. Per contra, the learned Additional State Public Prosecutor Sri B.N.Jagadeesha appearing for the 1^st respondent would vehemently refute the contentions by contending that according to the picture the petitioner is standing on the National Flag. Whether the students have edited and posted it or otherwise must necessarily mean that the case has to be investigated into. It is the say of the petitioner that his mobile phon