Reserved on : 02.09.2026

Pronounced on : 04.11.2026

BETWEEN:

SRI G.NAGESH ALIAS RAJESHA HIRIMANE

S/O GUNDAPPA GOWDA

AGED ABOUT 51 YEARS,

HIRIMANE, MALALI, SHIVAMOGGA

KARNATAKA – 577 425.

…PETITIONER

(BY SRI M.ARUNA SHYAM, SR.ADVOCATE

A/W SRI SUYOG HERELE E., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

THROUGH NAGARA P.S

REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BUILDING

BENGALURU – 560 001.

2. THE DEPUTY COMMISSIONER,

SHIVAMOGGA

SOWLANG ROAD, BASAVANAGUDI,

SHIVAMOGGA DISTRICT,

SHIVAMOGGA – 577 201.

…RESPONDENTS

(BY SRI B.N.JAGADEESHA, SPP-I)

THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, PRAYING TO

I. ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ENTIRE PROCEEDINGS IN C.C NO. 2891/2025 INCLUDING THE ORDER OF TAKING COGNIZANCE DATED: 01-12-2025, FIR, COMPLAINT AND CHARGE SHEET IN CR. NO. 25/2025 REGISTERED BY THE RESPONDENT NO.2 FOR THE ALLEGED OFFENCE PUNISHABLE U/S 353(2) OF BNS, 2023 PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR. DN.) J.M.F.C COURT, HOSANAGARA, SHIVAMOGGA DISTRICT. (PRODUCED AT ANNEXURE-A, B, C AND D) IN THE INTEREST OF JUSTICE AND EQUITY;

II. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT AND QUASH THE IMPUGNED ORDER OF SANCTION DATED 14-11-2025 IN NO. SMGDC-MAG1/MLWO/43/2025(e-896951) PASSED BY THE RESPONDENT NO.2 AND ALL FURTHER PROCEEDINGS PURSUANT THERETO (PRODUCED AT ANNEXURE-F).

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 02.09.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CAV ORDER

The petitioner is before the Court seeking the following prayer:

i. "Issue a writ in the nature of certiorari and quash the entire proceedings in C.C.No.2891 of 2025 including the order taking cognizance dated:01-12-2025, FIR, complaint and charge sheet in Cr.No.25 of 2025 registered by the Respondent No.2 for the alleged offence punishable under Section 353(2) of BNS, 2023 pending on the file of Principal Civil Judge (Jr. Dn.,) JMFC Court, Hosanagara, Shivamogga District (produced at Annexure-A, B, C and D) in the interest of justice and equity.

ii. Issue a writ in the nature of certiorari or any other writ and quash the impugned order of sanction dated 14.11.2025 in No.SMGDC-MAG1/MLWO/43/2025(e-896951) passed by Respondent No.2 and all further proceedings pursuant thereto (produced at Annexure-F), in the interest of justice and equity.

iii. Issue any other writ or order and grant such other relief or reliefs as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice.”

Heard Sri M. Aruna Shyam, learned senior counsel appearing for the petitioner and Sri B.N. Jagadeesha, learned State Public Prosecutor-1 appearing for the respondents.

Facts in brief, germane, are as follows: -

It is the case of the prosecution that the petitioner on20-05-2025 shared a poster depicting one half of the face of Sri Rahul Gandhi, leader of the opposition and the other half of the face of an officer wearing the military uniform of Pakistan Army bearing the nameplate ‘ASIM’ with tagline ‘one agenda’. Based upon this, a complaint comes to be registered by the 2nd respondent/Deputy Commissioner, Shivamogga District alleging that the poster shared by the petitioner was capable of generating enmity, hatred and ill-will among communities and regional groups. It is, therefore, a crime comes to be registered in Crime No.25 of 2025 for the offences punishable under Section 353(2) of the BNS. The Police then conduct investigation and file a charge sheet against the petitioner; the concerned Court takes cognizance of the offence and registers C.C.No.2891 of 2025. It is this that has driven the petitioner to this Court in the subject petition.

The learned senior counsel Sri M. Aruna Shyam appearing for the petitioner would vehemently contend that the petitioner is not the creator of the image; he has only shared it. Even otherwise it would not make out an offence under Sect