- 1 - NC: 2025:KHC:12758 CRL.P No. 3754 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3754 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. PRASANNA KUMAR MENTIONED WRONGLY AS PRASANNA KUMAR IYENGAR IN FIR, S/O K SUDARSHANACHARYA, AGED ABOUT 49 YEARS, NO. 39, 2ND MAIN, 13TH CROSS, SIR M V LAYOUT, TINDLU, GAS GODOWN ROAD, VIDYARANYAPURA POST, BANGALORE NORTH, BANGALORE KARNATAKA - 560097. …PETITIONER (BY SRI. VASANTHA KUMARA., ADVOCATE) AND: 1. STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560001. 2. HONNESH R, S/O UNKNOWN, AGED ABOUT 29 YEARS, Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:12758 CRL.P No. 3754 of 2025 OCC. POLICE CONSTABLE PC - 21099 VIDYARANYAPURA POLICE STATION, VIDYARANYARAPURA, BENGALURU - 560097. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1 & R2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.52/2025 PENDING ON THE FILE OF THE RESPONDENT NO.1 VIDYANARAYAPURA P.S., FOR THE OFFENCE P/US/ 353(2) OF BNS 2023 (ALSO PENDING ON THE FILE OF THE IN COURT OF THE 7th ACMM BENGALURU CITY). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the registration of Crime No. 52/2025 for the offence punishable under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. A case was registered against the petitioner alleging that on February 19, 2025, while the complainant was browsing Facebook, he came across the petitioner’s Facebook profile under the name “Prasannakumar Iyengar.” It is alleged that the petitioner had uploaded a video on Facebook on February 16, 2025, containing the following: - 3 - NC: 2025:KHC:12758 CRL.P No. 3754 of 2025 "There is an ongoing mafia operating under the guise of the e-Khatha mela conducted by political leaders in Bangalore, Karnataka. This has to be done by the Government but it does not have money. The PoliticalParty Leaders, through the REvenue Department's e-Khatha mela, are obtaining property documents from the general public and creating fake and fraudulent documents on them, as a means to extort money from the general public in Vidyaranyapura. Therefore, citizens are advised not to hand over their property documents to such individuals and to exercise caustion. When I attempted to raise awareness about this issue, the land mafia assaulted me in response to may post. there is a saying in Hindu"Chor ki dhaadi mein tinka", which means "Muslim party (turukara sarkara) is in power" and therefore, they need to be given such an example." 3. Section 505(2) IPC criminalizes the act of making, publishing, or circulating any statement, rumor, or report: • With the intent to create or promote enmity, hatred, or ill-will; or • Which is likely to create or promote enmity, hatred, or ill-will on the grounds of religion, race, place of birth, residence, language, caste, or community. 4. The essential elements required to attract this provision include: - 4 - NC: 2025:KHC:12758 CRL.P No. 3754 of 2025 • A publication or circulation of a statement, rumor, or report. • The statement must be intended to, or likely to, promote enmity, hatred, or ill-will between different groups. 5. In the instant case: • There is no allegation in the FIR that the oral abuse by the petitioner resulted in enmity or ill-will between different religious, racial, language, or regional groups, castes, or communities. • The complaint does not specify any publication or circulation of the alleged abuse on social media by the petitioner. • The petitioner was allegedly only a mute spectator in a phone conversation between accused No.1 and No.2, which does not amount to active participation in the offence. 6. Given the absence of prima facie material to substantiate the ingredients of Section 505(2) IPC, the registration of FIR against the petitioner is legally untenable. - 5 - NC: 2025:KHC:12758 CRL.P No. 3754 of 2025 7. For the reasons stated above, the petition is allowed. The FIR registered in Crime No.52/2025 by the respondent No.1 - Vidyaranyapura Police Station, pending on the file of the learned 7th Addl. Chief Metropolitan Magistrate, Bengalur City insofar as it relates to the petitioner (Accused), is hereby quashed. 8. Any pending applications, if any, stand disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 10