- 1 - NC: 2025:KHC-K:655 CRL.P No. 201553 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE K NATARAJAN CRIMINAL PETITION NO.201553 OF 2024 BETWEEN: 1. MAHADEV S/O GANGARAM GOWLI AGE: 28 YEARS, OCC: AGRICULTURE, R/O NO.11 TOPPE GALLI, NEAR BALAGI MANDIR, HUMNABAD, BIDAR DISTRICT - 585330. 2. LAXMIKANT S/O BASALINGAPPA HINDOODI AGE: 32 YEARS, OCC: AGRICULTURE, R/O NO.21-70, WANJARI VILLAGE, HUMNABAD TALUK, BIDAR DISTRICT - 585330. …PETITIONERS (BY SRI. RAJESH DODDAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HUMNABAD POLICE STATION, Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:655 CRL.P No. 201553 of 2024 HUMNABAD NOW REPRESENTED BY THE ADDL. SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH - 585103 2. SRI IMRAN KHAN S/O MAJEED KHAN AGE: 40 YEARS, OCC: NOT KNOWN, R/O BI-BI GALLI, HUMNABAD, BIDAR DISTRICT - 585335. …RESPONDENTS (BY SRI. JAMADAR SHAHBUDDIN, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH V/O DATED 29.01.2025) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE(OLD), UNDER SECTION 528 OF BNSS ACT (NEW) PRAYING TO ALLOW THIS PETITION AND QUASH THE FIRST INFORMATION REPORT IN CRIME NO.30/2022 REGISTERED BY THE HUMNABAD POLICE STATION FOR THE OFFENCES PUNISHABLE U/SEC. 295, 295-A, 296, 298, 499, 505 OF INDIAN PENAL CODE, NOW PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC, HUMNABAD IN CRIME NO.30/2022 IN SO FAR AS PETITIONERS/ A-1 AND A4 ARE CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:655 CRL.P No. 201553 of 2024 CORAM: HON'BLE MR. JUSTICE K. NATARAJAN ORAL ORDER (PER: HON'BLE MR. JUSTICE K. NATARAJAN) 1. This petition is filed by petitioners / accused Nos.1 and 4, under Section 528 of BNSS (Section 482 of Criminal Procedure Code) for quashing the FIR in Crime No.30/2022 registered by the Humnabad Police Station for the offences punishable under Sections 295, 295A, 296, 298, 499 and 505 of Indian Penal Code. 2. Heard the learned counsel for the petitioners and learned High Court Government Pleader appearing for respondent No.1. 3. The case of the prosecution is that the FIR has been registered by second respondent on 27.02.2022 alleging that the petitioners along with other two accused assembled at the rally on 23.02.2022. After the rally they assembled near the Ambedkar Chowk, Humnabad and spoke abusive and provocative words against the religion of respondent No.2, which hurt the religious beliefs of respondent No.2. Therefore, respondent No.2 filed the complaint. Accordingly, police filed the FIR which is under challenge. - 4 - NC: 2025:KHC-K:655 CRL.P No. 201553 of 2024 4. Learned counsel for the petitioners contended that, the complaint itself is very vague. There is no specific words urged by the petitioner in the rally or in the public meeting. It is also contended that, there is no material on record to show what words were urged by petitioner which provoked religious beliefs or insulted the religion of the respondent no.2. There is no defamatory statement made by the petitioner. Hence it is contended that, conducting investigation against the petitioner would amount to abuse of process of law and prayed for quashing the FIR. Learned counsel also contended that, this Court already disposed of the petition filed by accused No.2 in Crl.P.No.200652/2023, by Order dated 11.09.2024, whereby, this Court quashed the criminal proceedings against accused No.2 and therefore, the petitioners herein are also entitled for similar relief on the ground of parity and prayed for allowing the petition. 5. Learned High Court Government Pleader submitted that the matter needs to be investigated and hence, sought for dismissal of the petition. - 5 - NC: 2025:KHC-K:655 CRL.P No. 201553 of 2024 6. Having perused the record and the Order passed by this Court in earlier Crl.P.No.200652/2023 filed by accused No.2, wherein it is stated that the FIR registered against the accused persons would indicate that accused Nos.1 to 4 and others had arranged a rally and they protested against death of a person in Shivamogga. After the rally, the petitioners and others who are said to be leaders of Sarva Samudhaya Prajaprabhutva Vedike, insulted the religion of respondent no.2 and said provocative words against the religion of respondent No.2, which hurt the respondent No.2. However, a perusal of the complaint would go to show that there is no specific words used by any of the petitioners mentioned in the complaint to show that petitioners insulted any religion or hurt the feelings of any religion or spoken any words in order to attract the ingredients of Sections 295, 295A, 296, 298, 499 and 505 of Indian Penal Code. Based upon the same, this Court allowed the petition quashing the criminal proceedings. The said Order was passed by this Court on 11.09.2024. Either the respondent No.2 or the State has not approached the Hon'ble Supreme Court challenging the Order dated 11.09.2024. That apart, the FIR was registered on 27.02.2022 and till date, there is no charge- - 6 - NC: 2025:KHC-K:655 CRL.P No. 201553 of 2024 sheet filed. Such being the case, the very first information or the FIR does not disclose any insulting or provocative words spoken against respondent No.2 or his religion. In that view of the matter, conducting case against the petitioners would amount to abuse of process of law. Therefore, the petitioners / accused No.1 and 4 are also entitled for similar relief as granted in favour of accused no.2 in Crl.P.No.200652/2023. 7. Accordingly, I pass the following: ORDER (i) The petition is allowed. (ii) Criminal proceedings / FIR registered in Crime No.30/2022, by Humnabad Police Station, Bidar District for the offences punishable under Sections 295, 295A, 296, 298, 499 and 505 of Indian Penal Code, as against the petitioners herein/accused Nos.1 and 4, is hereby quashed. Sd/- (K NATARAJAN) JUDGE sac List No.: 19 Sl No.: 4