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2025 DAILYLAW 45296 (KAR)

GURUNATH S/O. IRAPPA SALAGAR v. THE STATE OF KARNATAKA

CRL.P/102191/2023 · 2025-02-24

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC-D:3667 CRL.P No. 102191 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102191 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: GURUNATH S/O. IRAPPA SALAGAR AGE. 36 YEARS, OCC. PRIVATE WORK, R/O. YARIKOPPA, DHARWAD, DIST. DHARWAD-580001. …PETITIONER (BY SRI. VENKATESH M.KHARVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY PUBLIC PROSECUTOR, DHARWAD RURAL POLICE STATION, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. MANJUNATH S/O. RAMAPPA HOSAMANI AGE. 41 YEARS, OCC. LABORER/COOLIE, R/O. AMMINABHAVI, TQ. DHARWAD, DIST. DHARWAD-580011. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASHED THE REGISTRATION OF COMPLAINT AND FIR IN DHARWAD RURAL P.S. CRIME NO.191/2023 DATED 25.07.2023 FOR THE OFFENCES U/SEC. 295A OF IPC 1860 PENDING ON THE FILE OF 4TH ADDL. CIVIL JUDGE AND JMFC, DHARWAD. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:42:00 +0530 - 2 - NC: 2025:KHC-D:3667 CRL.P No. 102191 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner challenges the registration of the First Information Report for the offence punishable under Section 295 of the IPC. 2. A complaint was registered stating that the petitioner shared a picture in which two Muslim persons, holding a knife and a prayer beads ( Misbaha or Tashi ) , made derogatory remarks against the complainant and his religion, stating that the complainant and his religion are unfit to survive on earth. 3. The petitioner, who is present before the Court, has filed an affidavit stating that he merely shared the picture, which was forwarded to his account, with no intention of making any derogatory remarks against any religion or the two persons depicted in the photograph. He further stated in the affidavit that he will not share such photographs or pass any derogatory remarks in the future. The affidavit is placed on record. 4. Although the allegations made in the FIR disclose the commission of the alleged offences and warrant investigation, in view of the affidavit filed by the petitioner, it would be appropriate to quash the impugned FIR. - 3 - NC: 2025:KHC-D:3667 CRL.P No. 102191 of 2023 5. Accordingly, the petition is allowed, and the impugned FIR in Crime No.191/2023, registered by the Dharwad Rural Police Station, is hereby quashed. It is clarified that if the petitioner commits similar offences in the future, appropriate action may be taken against him. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 3