- 1 - HC-KAR NC: 2025:KHC:31073 CRL.P No. 1709 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 1709 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. SHANKAR SHANTHI S/O LATE AITHA POOJARY AGED ABOUT 44 YEARS R/A NEAR KALIKAMBA TEMPLE KACHUR VILLAGE, BRAHMAVAR TALUK UDUPI DISTRICT-576210 …PETITIONER (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND: SRI. B N SHANKAR POOJARY S/O LATE SUKRA POOJARY AGED ABOUT 61 YEARS R/A SRI LAXMI, VARAMBALLY BRAHMAVAR TALUK UDUPI DISTRICT-576210 …RESPONDENT (BY SRI. JAYANTHA POOJARY, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE IMPUGNED ORDER DATED 03.03.2022 AT ANNEXURE A PASSED BY THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC UDUPI IN SO FAR AS THE PETITIONER IS CONCERNED AND ALL FURTHER PROCEEDINGS THERETO IN C.C.NO.304/2022 Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31073 CRL.P No. 1709 of 2023 ARISING OUT OF PCR NO.4/2022 BEFORE THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC UDUPI. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is the sole accused has filed this petition under Section 482 of Cr.P.C, to quash the criminal proceedings initiated against him in C.C.No.304/2022 arising out of PCR.4/2022 on the file of II Addl.Senior Civil Judge and JMFC, Udupi, for the offences punishable under Section 500 of IPC. 2. In support of the petition, the petitioner has contended that, PCR.No.4/2022 came to be filed against him for the offence punishable under Section 500 IPC. The trial Court took cognizance on 03.03.2022 and after recording sworn statement registered the same as C.C.No.304/2022. Respondent has claimed that he is a reputed businessman of Brahmavara and Ex.Taluk Panchayat and Zilla Panchayat President. He is also the - 3 - HC-KAR NC: 2025:KHC:31073 CRL.P No. 1709 of 2023 President of Vishwanatha Kshethra Katpady, Billava Seva Sangha, Brahmavara. He is a social worker. In order to harm his reputation, a false complaint is filed alleging that a malicious and defamatory statement was given by him in a press meeting held on 22.03.2021 at Udupi Press Club and it was published in Daiji Udupi Times Channel and social media; there is no basis of making such allegations; thereby the repute of respondent was brought down in the eye of general public, friends, relatives and well wishers. 2.1 Petitioner is a RTI activist. He brought to limelight many untoward incidents of persons engaged in fraud and extortion. Once an attempt was made on his life by persons including respondent. He had suffered grievous injury and was inpatient for 2 months and criminal case is pending against them. In order to overcome the same, respondent has filed false and frivolous complaint. Petitioner is innocent and he has not made any false statement before the media in the press meet. What he - 4 - HC-KAR NC: 2025:KHC:31073 CRL.P No. 1709 of 2023 stated is the truth. Continuation of criminal proceedings would amount to abuse of process of the Court and hence, the petition. 3. In support of his arguments, learned counsel for petitioner has relied upon the decision in C.M.Aleemulla Khan and Anr. Vs. State of Karnataka and Anr. (Aleemulla Khan)1. 4. On the other hand learned counsel representing respondent would submit that petitioner with an intention to harm the reputation of respondent, made false, malicious, defamatory statement in the press meet on 22.03.2021 and it was published in Daiji Udupi Times Channel and social media. In the Billava Samavesha, petitioner has alleged that respondent has collected more than Rs.1 Crore, but failed to give account. He has utilized cement meant for construction of the building for the Billava Association, for construction of his house. During 1 Crl.P.No.201319/2019 Dt: 18.02.2020 - 5 - HC-KAR NC: 2025:KHC:31073 CRL.P No. 1709 of 2023 raid conducted by the PSI, it was found that respondent is running a brothel. Respondent was running auto rickshaw about 30 years back and how can he amass wealth worth Rs.100s of Crores. He has come up in life by making seconds business. Petitioner never scooped to the level of making money by running a brothel. Respondent is having criminal antecedents. There is danger to the life of petitioner etc., 4.1 In the light of the fact that the statement made by the petitioner is perse defamatory, after issuing legal notice dated 07.06.2021, respondent has filed complaint. It is a matter to be proved at a full fledged trial. In the light of prima facie material placed on record, the proceeding cannot be quashed and pray to dismiss the petition. 5. In support of his arguments, learned counsel for respondent No.2 has relied upon the decision in - 6 - HC-KAR NC: 2025:KHC:31073 CRL.P No. 1709 of 2023 Basanagouda R.Patil Vs. Shivananda S Patil (Basanagouda R.Patil)2. 6. Heard arguments and perused the record. 7. Thus, petitioner is seeking quashing of criminal proceedings initiated against him, contending that he is a reputed businessman of Brahmavara, an ex-member of Taluk Panchayat and Zilla Panchayat and other organisations, including Billava Samaj Sanga and in order to harm his reputation, a false complaint is filed. 8. However, the complaint averments clearly indicates that on 22.03.2021, accused called a press meeting and made allegations against respondent No.2, which are perse defamatory and on the face of it one can make out that severe allegations have been made against respondent No.2 that he has used cement meant for construction of the Sangha building, running a brothel, engaged in the seconds sale, earned money by engaging 2 Crl.P.No.7526/2024 Dt:27.09.2024 - 7 - HC-KAR NC: 2025:KHC:31073 CRL.P No. 1709 of 2023 in prostitution of women, having Gunda supporters and he has also expressed wonder how a person who was eking out his livelihood by running an auto rickshaw about 30 years back could make hundreds of Crores of rupees. Gunda elements are his followers or friends and he moves around with them. All these allegations are perse defamatory. 9. Admittedly, the statement given by petitioner are published in newspaper transmitted in many of the channels and uploaded on media. If these allegations are true, then it would be the defence of petitioner at the trial to establish the same. Such being the case, the burden is on the petitioner to prove that these allegations are True, in which case he would not be liable for defamation. It requires a trial for the respondent No.2 to prove that the petitioner has made these allegations with a malafide intention and published them. On the other hand it is for the petitioner to prove that the allegations made in his statement are true. Therefore, at the stage of proceedings - 8 - HC-KAR NC: 2025:KHC:31073 CRL.P No. 1709 of 2023 under Section 482 Cr.P.C, this Court cannot decide the disputed facts and consequently the petition is liable to be rejected and accordingly the following: ORDER (i) Petition filed by the petitioner/accused under Section 482 Cr.P.C is here by rejected. (ii) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 44