- 1 - NC: 2025:KHC-D:667 CRL.P No. 102991 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102991 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MR. K. PRABHAKAR RAO S/O. K.G. VIJAYARATHNAM, AGED ABOUT 46 YEARS, DIRECTOR-PRODUCTION 'ZEE KANNADA', RESIDING AT: 6TH CROSS, JARAGANAHALLI PARK, J.P. NAGAR, 6TH STAGE, BENGALURU-560 078. 2. MR. MOHAN KUMAR S/O. SHIVALINGAPPA, AGED ABOUT 43 YEARS, ASSOCIATE DIRECTOR-PRODUCTION, 'ZEE KANNADA', RESIDING AT: NO.12, 6TH CROSS, 15TH MAIN, J.C. NAGAR, BENGALURU NORTH, MAHALAKSHMIPURAM LAYOUT, BENGALURU-560 086. 3. MR. B. ANTONY DASS S/O. BENJAMIN, AGED ABOUT 41 YEARS, CHIEF CHANNEL OFFICER 'ZEE KANNADA' RESIDING AT NO.669, MAIN ROAD, VATAKKU PERUMANAM, TIRUVANNAMALAI-606 806, TAMILNADU. 4. MR. MANJUNATHA S/O. K.N. NARAYANAPPA S., AGED ABOUT 37 YEARS, RESIDING AT: KAMATHAPALLI VILLAGE, SRINIVASAPURA TALUK, THADIGOL, KOLAR, TADIGALLU, KARNATAKA-563 135. … PETITIONERS (BY SRI. SANDESH J CHOUTA, SR. COUNSEL FOR SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:48 +0530 - 2 - NC: 2025:KHC-D:667 CRL.P No. 102991 of 2022 KOTTUR POLICE STATION, KOTTUR TALUK, VIJAYANAGARA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 011. 2. MR. VIJAYAKRISHNA, POLICE SUB INSPECTOR (LAW AND ORDER), KOTTUR POLICE STATION, KOTTUR TALUK, VIJAYANAGARA DISTRICT-583 134. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO, QUASH THE IMPUGNED FIR DATED 26.08.2022 IN CRIME NO.0161/2022 (ANNEXURE-A) REGISTERED BY THE RESPONDENT NO.1 POLICE AND IMPUGNED COMPLAINT DATED 26.08.2022 (ANNEXURE-B) FILED BY RESPONDENT NO.2 FOR OFFENCES PUNISHABLE U/SEC. 143, 186, 341, 353, R/W 149 OF THE IPC, 1860 PENDING ON THE FILE OF SENIOR CIIVL JUDGE AND JMFC, KUDLIGI, VIJAYANAGAR DISTRICT AND ALL FURTHER PROCEEDINGS PURSUANT THERETO IN RESPECT OF PETITIONERS/ACCUSED NOS.1-4. 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 registration of the FIR for offences punishable under Sections 143, 186, 341, 353 read with Section 149 of the Indian Penal Code, 1860 (IPC), is impugned in this petition. 2. The petitioners/accused are employees of Zee Kannada TV Channel. Zee Kannada was issued a license to conduct an event called “Zee Kannada Ganesh Utsava” on 25.08.2022, subject to certain terms and conditions, one of which - 3 - NC: 2025:KHC-D:667 CRL.P No. 102991 of 2022 stipulated that the event could not continue beyond 10:00 p.m. The petitioners, as employees and organizers of the event, allegedly conducted the event until 1:15 a.m. at the behest of the crowd gathered to watch the program. When the police requested the petitioners to stop the event, the petitioners and two others allegedly obstructed them from discharging their official duties by placing barricades. 3. Heard the learned Senior Counsel, Sri Sandesh J. Chouta, representing the petitioners’ counsel, and the learned Additional Government Advocate for the respondent/State. 4. To constitute an offence under Section 141 of IPC, five or more persons must assemble with a common object to commit any of the offences enumerated therein. Section 143 prescribes punishment for an offence under Section 141. Section 149 states that every member of an unlawful assembly is guilty of an offence committed in the prosecution of the common object of that assembly, as enumerated under Section 141. 5. In the present case, the crowd gathered following the license granted by the competent authority. Hence, the assembly at the event cannot be deemed unlawful. 6. Section 339 of IPC defines wrongful restraint as voluntarily obstructing any person to prevent them from proceeding in a direction they have the right to proceed. In this case, the allegation is that the petitioners and two others obstructed police personnel from discharging their duties. However, there is no - 4 - NC: 2025:KHC-D:667 CRL.P No. 102991 of 2022 allegation that the petitioners restrained the police from proceeding in any direction. Furthermore, no specific overt act is attributed to the petitioners detailing how they restrained the police from proceeding further. 7. Section 353 of IPC provides that whoever assaults or uses criminal force against a public servant while discharging their official duties, or with the intent to prevent or deter them from doing so, shall be punished with imprisonment, a fine, or both. In the present case, there is no allegation that the petitioners assaulted or used criminal force to prevent or deter the police from discharging their duties. Therefore, an essential element to constitute any of the aforesaid offences is conspicuously absent in this case. 8. In light of the above, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 9. Accordingly, the petition is allowed. The impugned FIR in Crime No.161/2022 registered by Kottur Police Station, Vijayanagar District, for the aforesaid offences, insofar as it relates to the petitioners/accused Nos.1 to 4, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR CT:BCK List No.: 1 Sl No.: 56