Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3470 CRL.P No. 7698 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7698 OF 2023 BETWEEN:
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CHANDAN B.R., S/O RAJANNA, AGED ABOUT 28 YEARS, OCC-REPORTER, R/AT PATTANAYAKANAHALLI, GOWDAGERE HOBLI, SIRA TALUK, TUMAKURU - 572 135.
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NAVEENKUMAR H., S/O HANUMATHDAS, AGED ABOUT 29 YEARS, OCC-REPORTER, R/A NO.1239, 3RD CROSS, 3RD MAIN, LN COLONY, YASHWANTHPUR, BENGALURU - 560 022. …PETITIONERS (BY SMT.AKSHATHA SHARMA, ADVOCATE FOR SRI. SHEKHAR BADIGER.,ADVOCATE) AND:
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THE STATE OF KARNATAKA, BY MALAVALLI TOWN P.S., MANDYA DISTRICT, REPRESENTED BY THE S.P.P., HIGH COURT PREMISES, BENGALURU CITY - 560 001. Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:3470 CRL.P No. 7698 of 2023
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SRI. SRIDHAR S., S/O SOMAIAH, AGED ABOUT 41 YEARS, R/A CIRCLE INSPECTOR, POLICE HALAGURU CIRCLE, MALAVALLI TALUK, MANDYA DISTRICT - 571 430. …RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP FOR R1 AND R2)
THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO SET ASIDE/QUASH THE ORDER OF TAKING COGNIZANCE OF THE OFFENCE P/U/S.143, 341, 283 OF IPC AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2324/2022 PENDING ON THE FILE OF THE I ADDITIONAL CIVIL AND JMFC MALAVALLI.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is filed by the petitioners – accused Nos.5 and 11 in C.C.No.2324/2022 seeking quashing of the impugned proceedings in C.C.No.2324/2022 for the offences punishable under Sections 143, 341 and 283 r/w Section 149 of IPC, 1860. 2. Heard learned counsel for the petitioners and learned HCGP for the respondents and perused the material on record. - 3 -
NC: 2025:KHC:3470 CRL.P No. 7698 of 2023
3. Learned counsel for the petitioners submits that the respondent No.2 – Circle Inspector filed a complaint against the petitioners – accused Nos.5 and 11 as well as other accused persons, in all 13 accused persons, for the alleged offences punishable under Sections 143, 341 and 283 r/w Section 149 of IPC, 1860, inter alia alleging that on 19.10.2022, the petitioners along with others committed the aforesaid offences. It is the specific contention of the petitioners that the petitioners are YouTube vloggers and have their own channel and since a politician had come to the spot for the purpose of visiting the family of a rape and murder victim, the petitioners went to the spot to take the videos for the purpose of their YouTube channel, at which time, the respondent No.2 filed a frivolous complaint making allegations against the petitioners for the offences which were never committed by them. It was also pointed out that, perusal of the complaint does not indicate commission of any offence as alleged by respondent No.2 and as such, the impugned proceedings deserves to be quashed. 4. Per contra learned HCGP submits that there is no merit in the petition and that the same is liable to be dismissed. - 4 -
NC: 2025:KHC:3470 CRL.P No. 7698 of 2023
5. A perusal of the impugned complaint dated 19.10.2022, filed by respondent No.2 – Circle Inspector, will indicate that except for making vague, bald and frivolous allegations against all the 13 accused persons, no specific allegations were made against the petitioners. It is also relevant to state that though the names of the petitioners were not contained in the original FIR, it is only subsequently, without any basis, that the petitioners have been arraigned as accused in the charge sheet without there being any basis in this regard.
Under these circumstances, in the light of the material on record which indisputably discloses that the petitioners are YouTube vloggers having their own YouTube channel and they had gone to the spot merely for the purpose of recording the visit of a politician who had come there in the context of visiting the family of a rape and murder victim, I am of the considered opinion that continuation of the impugned proceedings qua the petitioners – accused Nos.5 and 11, would amount to abuse of process of law warranting interference by this court. 6. In the result, I pass the following:
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NC: 2025:KHC:3470 CRL.P No. 7698 of 2023
Order i) The petition is hereby allowed. ii) The impugned proceedings in C.C.No.2324/2022 pending on the file of I Addl. Civil Judge & JMFC, Malavalli, insofar as the petitioners – accused Nos.5 and 11 are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RD