- 1 - NC: 2025:KHC-D:3630 CRL.P No. 101508 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101508 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SAMIULLA VENTATAPUR @ SHEMIRULLA VENTATAPUR S/O MURTUJSAB, AGE: 26 YEARS, R/O: HOSPETE GALLI, KEB ROAD, WARD NO.4, NEAR GUNDAMMA GUDI, ILKAL, BAGALKOT DISTRICT, KARNATAKA. 2. AHAMMAD NAIKODI @ AHAMAD IBRAHIM SAB NAIKODI S/O IBRAHIM SAB, AGE: 28 YEARS, R/O: HOSPETE ONI, WARD NO.4, NEAR CHOUDAMMA TEMPLE, ILKAL, BAGALKOT DISTRICT, KARNATAKA. 3. MEHABOOBSAB BAGWAN @ MAHIBUB MOULA SAB BAGVAN S/O MOULASAB, AGE: 33 YEARS, R/O: KUKARNI PETH, WARD NO.2, ILKAL RURAL, HUNGUND, BAGALKOT DISTRICT, KARNATAKA. … PETITIONERS (BY SRI. MOHAMMED AZURUDDIN M., ADVOCATE) AND: STATE OF KARNATAKA, BY ILKAL P.S., BAGALKOT DISTRICT, REPRESENTED BY HIGH COURT GOVT. PLEADER, OFFICE AT DHARWAD HIGH COURT, DHARWAD-580 011. … RESPONDENT (BY SRI. ASHOK T. KATTIMANI, AGA) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:24 +0530 - 2 - NC: 2025:KHC-D:3630 CRL.P No. 101508 of 2024 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH ALL THE CONSEQUENTIAL PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED NO.1 TO 3 IN C.C. NO.648/2021, CRIME 87/2019 REGISTERED BY ILKAL POLICE STATION, FOR OFFENCE PUNISHABLE UNDER SECTIONS 153 AND 201 OF IPC, PENDING ON THE FILE OF HON’BLE SENIOR CIVIL JUDGE AND JMFC HUNGUND, BAGALKOT. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who have been charge-sheeted for offences punishable under Sections 153 and 201 of the Indian Penal Code (IPC), are before this Court seeking relief. 2. The prosecution alleges that the Police Sub-Inspector received a provocative video from the control room. Furthermore, the complainant states that the PSI showed the video to her, in which it contained “a lion named ‘Muslim,’ 7–8 wolves named ‘RSS,’ and another lion named ‘PFI’ running behind the ‘RSS’- named wolves.” The petitioners shared the video in WhatsApp groups, and the complainant, along with other constables, went to search for the petitioners, who subsequently confessed to the crime. 3. On 18.02.2025, the learned Additional Government Advocate for the respondent-State was directed to obtain instructions as to whether the video clipping shared on social media was part of the charge sheet. - 3 - NC: 2025:KHC-D:3630 CRL.P No. 101508 of 2024 4. The learned Additional Government Advocate for the respondent-State has placed on record a communication from the Investigating Officer stating that the video clipping shared by the petitioners is not part of the charge sheet, as it was deleted from the petitioners’ WhatsApp group. In the absence of any substantial evidence that the petitioners shared the video with malicious intent or wantonly to provoke an offence, there is no basis for prosecuting them on this ground. 5. Therefore, merely on the self-serving statement of the complainant, the petitioners cannot be prosecuted for the aforesaid offences. In the absence of any corroborative evidence, the continuation of the criminal proceedings would be an abuse of the process of law. Accordingly, the petition is allowed, and the impugned proceedings in C.C. No. 648/2021, on the file of the Hon’ble Senior Civil Judge and JMFC, Hungund, Bagalkot, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:BCK LIST NO.: 1 SL NO.: 3