- 1 - NC: 2025:KHC-D:152 CRL.P No. 102113 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102113 OF 2024 (482(Cr.PC)/528(BNSS)-) BETWEEN: 1. PRAVEEN S/O. YASHOBHA KOTHARI AGE. 25 YEARS, OCC. PVT. FIRM, R/O. DANDELI, UTTARA KANNADA, DIST. UTTARA KANNADA-581325. 2. MANJUNATH S/O. PARASURAM PANTOJI AGE. 25 YEARS, OCC. PVT. FIRM, R/O. DANDELI, UTTARA KANNADA, DIST. UTTARA KANNADA-581325. 3. NAGARAJ S/O. SHRIDHAR SHET AGE. 25 YEARS, OCC. PVT. FIRM, R/O. KUMTA, UTTARA KANNADA, DIST. UTTARA KANNADA-581332. 4. UDAYKUMAR S/O. PUNDALIK NAIK AGE. 30 YEARS, OCC. PVT. FIRM, R/O. ANKOLA, UTTARA KANNADA, DIST. UTTARA KANNADA-581314. 5. MOHAMMED HANIF S/O. ISMAILSAB AGE. 35 YEARS, OCC. BUSINESS, R/O. GOKARNA, UTTARA KANNADA, DIST. UTTARA KANNADA-581319. …PETITIONERS (BY SRI. PRUTHVI K.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY STATE PUBLIC PROSECUTOR, THROUGH KARWAR TOWN POLICE STATION, HIGH COURT, DHARWAD-08. 2. RAJESH S/O. KASHINATH NAIK AGE. 57 YEARS, OCC. PVT. FIRM, R/O. KARWAR, UTTARA KANNADA, DIST. UTTARA KANNADA-581301. …RESPONDENTS (BY SRI. PRAVEEN Y. DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.10 12:40:20 +0530 - 2 - NC: 2025:KHC-D:152 CRL.P No. 102113 of 2024 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND QUASH THE ENTIRE PROCEEDINGS IN CC 1124/2023 PENDING ON THE FILE OF PRL.SENIOR CIVIL JUDGE AND CJM, KARWAR, IN FIR CRIME NO.50/2022 OF KARWAR TOWN P.S. DATED 17.06.2022, FOR OFFENCE PUNISHABLE U/S 427 R/W 34 OF IPC AND ALL PROCEEDINGS ARISING THEREFROM WITH RESPECT TO THE PETITIONERS/ACCUSED NO.1 TO 5. 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. The second respondent lodged a First Information Report alleging that on 14.06.2022, at about 3:00 p.m., the accused persons abused the Konkani language and blackened the Konkani writings displayed below the Kannada language on the signboards erected on Pikale Road and Kamalakar Road. 2. Upon investigation, the police submitted a ‘B’ Report, stating that there was no material evidence to substantiate that the petitioners/accused had blackened the Konkani writings on the signboards. Aggrieved by the report, the second respondent filed a protest petition. 3. The learned Magistrate, after hearing the complainant, rejected the ‘B’ Report and took cognizance of offences punishable under Section 427 of the Indian Penal Code (for short, “IPC”) and - 3 - NC: 2025:KHC-D:152 CRL.P No. 102113 of 2024 Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 (for short, “the Act”). Aggrieved by this order, the petitioners have approached this Court. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.1- State. 5. Respondent No.2, the de facto complainant, despite being served with notice, has remained absent. 6. The police, in their ‘B’ Report, stated that there is no cogent evidence to substantiate that the petitioners blackened the Konkani writings on the signboards. The learned Magistrate rejected the ‘B’ Report solely on the ground that the complainant produced photographs of the signboards showing that the Konkani writings were blackened. However, apart from these photographs, there is no corroborative material to establish that the act was committed by the petitioners. 7. In the absence of substantive evidence implicating the petitioners, the rejection of the ‘B’ Report by the learned Magistrate is unsustainable in law. 8. For the reasons stated above, the order of the learned Magistrate rejecting the ‘B’ Report and taking cognizance of offences against the petitioners is quashed. Hence, I pass the following: - 4 - NC: 2025:KHC-D:152 CRL.P No. 102113 of 2024 ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.1124/2023 pending on the file of the Principal Senior Civil Judge and CJM, Karwar, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS List No.: 1 Sl No.: 51