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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 08^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL PETITION No.200172/2019

BETWEEN

1 . SRI. K.N.TILAK KUMAR

S/O LATE SRI.K.A.NETTAKALAPPA

AGED ABOUT 67 YEARS,

EDITOR, DECCAN HERALD DAILY NEWSPAPER,

# 75, MAHATMA GANDHI ROAD,

POST BOX NO.5331,

BENGALURU-560001.

2 . SRI.S.I.PRASANNA KUMAR

S/O H.I.SHIVANAND

AGED ABOUT 56 YRS,

PRINTER & PUBLISHER,

DECCAN HERALD NEWSPAPER,

#515-516, SHRAMAJEEVI COMPLEX,

P.B.ROAD, DAVANAGERE-577002.

...PETITIONERS

(BY SRI S.S.NAGANANDA, SENIOR COUNSEL

A/W SRI SUDARSHAN M, ADVOCATE)

AND

SRI. SHRINIVAS

S/O VITHAL KONDAGULI,

AGED ABOUT 43 YEARS,

2

ADVOCATE AND AGRICULTURIST,

NO.63, MANIKYA NILAYA,

JAI SANTOSHI MATHA TEMPLE ROAD

JALAHAGAR, BIJAPUR - 586109.

…RESPONDENTS

(NOTICE TO RESPONDENT SERVED.)

THIS CRL.P IS FILED U/S.482 OF CR.P.C. BY THE

ADVOCATE FOR THE PETITIONER PRAYING THAT THIS

HON'BLE COURT TO, i) CALL FOR THE RECORDS IN

C.C.NO.560/2012 PENDING IN THE COURT OF THE ADDL.

CIVIL

JUDGE

(JR.DIV)

AND

JMFC,

BIJAPUR

(NOW

VIJAYAPURA).

ii)

TO

SET

ASIDE

THE

ORDER

DATED:12.03.2012 AS PER ANNEXURE-A PASSED IN

C.C.NO.560/2012, PENDING IN THE COURT OF THE ADDL.

CIVIL

JUDGE

(JR.DIV)

AND

JMFC,

BIJAPUR

(NOW

VIJAYAPURA) THEREIN TAKING COGNIZANCE OF THE

OFFENCE UNDER SEC. 499, 500 AND 501 OF INDIAN

PENAL

CODE,

1860

iii)

TO

QUASH

THE

SAID

PROCEEDINGS

AGAINST

THE

PETITIONERS

IN

C.C.NO.560/2012 PENDING BEFORE COURT OF THE ADDL.

CIVIL

JUDGE

(JR.DIV)

AND

JMFC,

BIJAPUR

(NOW

VIJAYAPURA) IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR ADMISSION THIS

DAY, THE COURT MADE THE FOLLOWING :

O R D E R

Heard learned senior counsel appearing for the

petitioners. The respondent served and unrepresented.

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2.

Accused Nos.1 and 2 in C.C.No.560/2012 are

before this Court through this petition under Section 482 of

Cr.P.C. with following prayer:

"This Court may be pleased to call for the

records in C.C.No.560/2012 pending in the

court of the Addl. Civil Judge (Jr.Div) and

JMFC, Bijapur (now Vijayapura), to set aside

the order dated:12.03.2012 as per Annexure-A

passed in C.C.No.560/2012, pending in the

Court of the Addl. Civil judge (Jr.Div) and

JMFC, Bijapur (now Vijayapura) therein taking

cognizance of the offence under Sec. 499, 500

and 501 of Indian Penal Code, 1860 and to

quash

the

said

proceedings

against

the

petitioners in C.C.No.560/2012 pending before

court of the addl. Civil judge (Jr.Div) and JMFC,

Bijapur (now Vijayapura) in the interest of

justice and equity."

3.

Brief facts which are necessary for disposal of

the petition are as under:

First petitioner is the editor of Deccan Herald Daily

Newspaper and second petitioner is the Printer and

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Publisher of the said newspaper. The printers (M/s.

Mysore Private Limited) is the proprietor of leading news

dailies and magazines. On 02.03.2012 one of the former

ministers of Karnataka was sought to be produced by the

Central Bureau of Investigation, Bengaluru Branch before

the Court of 46^th Additional City Civil and Special Judge,

Bangalore at City Civil Court Complex at Bengaluru. The

reporters of the Deccan Herald and other news agency

reporters visited the Court precincts. Out of curiosity there

were many onlookers including advocates. Since large

number of media personnel has assembled there, there

was a scuffle between media personnel and advocates and

as a result there was an altercation and violence erupted.

Police was called to control the situation and police in order

to take control of the situation, resorted to lathi charge

resulting in bodily injuries to people who had assembled

there including accused persons. In respect of the said

incident, news agencies published news in electronic media

on the same day and in print media on the next day. The

news was wide spread and