- 1 - NC: 2025:KHC-D:2885 CRL.P No. 100676 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100676 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRINIVAS, S/O. SHRIKANT GHOTNEKAR, AGE. 43 YEARS, OCC. SOCIAL WORK, R/O. L.P.CROSS, TQ. HALIYAL, DIST. UTTARA KANNADA. …PETITIONER (BY SRI. M.J.PEERJADE, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH POLICE SUB-INSPECTOR, HALIYAL POLICE STATION, REPRESENTED BY SPP DHARWAD, HIGH COURT OF KARNATAKA. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING THAT THE COMPLAINT AND CHARGE SHEET FILED AGAINST THE PETITIONER/ACCUSED IN C.C.NO. 63/2023 OF THE OFFENCES UNDER SECTION 353 OF IPC BEFORE THE CIVIL JUDGE AND J.M.F.C COURT HALIYAL BE QUASHED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:29 +0530 - 2 - NC: 2025:KHC-D:2885 CRL.P No. 100676 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Sri. Ashok T. Kattimani, learned Additional Government Advocate, is directed to accept notice on behalf of the respondent-State. 2. The petitioner/accused, who is facing prosecution for the offence punishable under Section 353 of the Indian Penal Code, 1860 (IPC), has approached this Court seeking to quash the criminal proceedings in C.C. No.63/2023 pending before the Civil Judge and JMFC, Haliyal. 3. The prosecution’s case is that on 04.05.2022 at about 12:30 midnight, during a procession celebrating the birth anniversary of Chhatrapati Shivaji Maharaj, some boys were dancing. The complainant-Police Sub-Inspector, who was on bandobast duty, questioned them. At that time, the accused allegedly raised his voice and stated that he and others would continue dancing till morning and that the police officer could do whatever he wanted. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 5. Section 353 of IPC states: - 3 - NC: 2025:KHC-D:2885 CRL.P No. 100676 of 2025 Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Section 351 of IPC defines ‘assault’, and Section 350 of IPC defines ‘criminal force’. 6. The allegations made against the petitioner/accused, even if accepted at face value, do not satisfy the essential ingredients of Sections 350 and 351 of IPC, as there is no allegation of the use of criminal force or assault. Mere verbal defiance or raising one’s voice does not amount to an offence under Section 353 of IPC. 7. In such circumstances, the continuation of criminal proceedings against the petitioner/accused would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The criminal petition is allowed. ii) The criminal proceedings in C.C. No.63/2023 pending on the file of the Civil Judge and JMFC, - 4 - NC: 2025:KHC-D:2885 CRL.P No. 100676 of 2025 Haliyal, insofar as it relates to petitioner/accused, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 39