- 1 - NC: 2025:KHC-D:2702 CRL.P No. 102581 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.102581 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: SMT. RUDRAMMA HASINAL W/O. AMARESH HASINAL, AGED ABOUT 52 YEARS, OCC: AGRICULTURIST, R/O. 1/5/169/2, SHRINAGAR LAYOUT, SIDDHIKERI ROAD, JAYANAGAR, GANGAVATHI-583227, KOPPAL DISTRICT. …PETITIONER (BY SRI. SUDHARSAN S, ADVOCATE) AND: 1. STATE OF KARNATAKA BAILHONGAL POLICE STATION, BAILHONGAL-591102, REP. STATE PUBLIC PROSECUTOR, HIGH COURT DHARWAD. 2. SOMAPPA ERAPPA BAGEWADI S/O. ERAPPA BAGEWADI, AGED ABOUT 50 YEARS, OCCUPATION. SHETHKI, R/O. NEGINHAL VILLAGE, BAILHONGAL-591102, BELAGAVI DISTRICT. …RESPONDENTS (BY SRI.PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1;) NOTICE TO R2-SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASH THE FIR DATED 05.09.2022 BEARING CRIME NO.0217/2022 IN BAILAHONGAL P.S. PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, BAILHONGAL, BELAGAVI DISTRICT AND ALL PROCEEDING ARISING THERETO FOR THE ALLEGED OFFENCES PUNISHABLE U/S 504, 505(2) R/W 34 OF THE IPC, 1860 AGAINST THE PETITIONERS PRODUCED B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.15 12:54:56 +0530 - 2 - NC: 2025:KHC-D:2702 CRL.P No. 102581 of 2022 HEREWITH AS ANNEXURE-A AT PAGE NOS.12-14, IN SO FAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED. 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 petitioner has invoked the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking to quash the First Information Report (FIR) in Crime No. 217/2022, registered for offences punishable under Sections 504 and 505(2) read with Section 34 of the Indian Penal Code, 1860 (IPC). 2. The second respondent lodged a complaint alleging that there was a recent allegation of sexual assault against one of the Lingayat Mathadeeshas. It is alleged that on 02.09.2022, targeting the said Mathadeesha, the petitioner, along with other accused persons, abused him in filthy language on social media with the intent to defame Sri Basava Siddalinga Swamiji. 3. The complaint was registered, and based on the same, the Bailahongal Police Station initiated criminal proceedings against the petitioner and other accused persons. 4. Despite service of notice, the second respondent has not appeared in-person or through his counsel before this Court and has thus been placed ex parte. - 3 - NC: 2025:KHC-D:2702 CRL.P No. 102581 of 2022 5. Learned counsel for the petitioner submits that: • The allegations in the FIR do not disclose any prima facie case against the petitioner under Sections 504 and 505(2) IPC. • The essential ingredients required to constitute the alleged offences are completely absent. • The petitioner has been falsely implicated, and the continuation of criminal proceedings would amount to an abuse of the process of law. 6. Section 504 IPC penalizes intentional insult with intent to provoke breach of the peace. To attract the said provision, the following ingredients must be established: • There must be an intentional insult. • The insult must be of such nature that it provokes the person insulted to break the public peace or commit any other offence. 7. In the present case, except for the vague allegation that the petitioner allegedly abused the Swamiji, there is no specific assertion that the alleged abuse was intended to provoke breach of peace or led to any public disturbance. The mere use of abusive language, without a corresponding threat to public order, does not attract the offence under Section 504 IPC. - 4 - NC: 2025:KHC-D:2702 CRL.P No. 102581 of 2022 8. Section 505(2) IPC criminalizes the act of making, publishing, or circulating any statement, rumor, or report: • With the intent to create or promote enmity, hatred, or ill-will; or • Which is likely to create or promote enmity, hatred, or ill-will on the grounds of religion, race, place of birth, residence, language, caste, or community. 9. The essential elements required to attract this provision include: • A publication or circulation of a statement, rumor, or report. • The statement must be intended to, or likely to, promote enmity, hatred, or ill-will between different groups. 10. In the instant case: • There is no allegation in the FIR that the oral abuse by the petitioner resulted in enmity or ill-will between different religious, racial, language, or regional groups, castes, or communities. • The complaint does not specify any publication or circulation of the alleged abuse on social media by the petitioner. • The petitioner was allegedly only a mute spectator in a phone conversation between accused No.1 and No.2, which does not amount to active participation in the offence. - 5 - NC: 2025:KHC-D:2702 CRL.P No. 102581 of 2022 11. Given the absence of prima facie material to substantiate the ingredients of Section 505(2) IPC, the registration of FIR against the petitioner is legally untenable. 12. In the present case, as discussed above, the essential ingredients of the alleged offences are missing, and the prosecution lacks any legal basis. Continuing the proceedings would serve no legal purpose and would be an abuse of judicial process. 13. For the reasons stated above, the petition is allowed. The FIR registered in Crime No. 217/2022 by Bailahongal Police Station, insofar as it relates to the petitioner (Accused No.2), is hereby quashed. 14. Any pending applications, if any, stand disposed of as not surviving for consideration. Ordered accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh