- 1 - NC: 2025:KHC-D:3277 CRL.P No. 102549 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102549 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: VENKATESHWARAYYA V.T S/O. TIMMADASAYYA AGE. 57 YEARS, OCC. SERVICE, R/O. RAJAJINAGAR, 6TH BLOCK CIRCLE, BENGALURU – 560010. …PETITIONER (BY SRI. VITTHAL S.TELI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA NANDAGAD PS, KHANAPUR, DIST. BELAGAVI-580011, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. DUNDAPPA NINGAPPA HALAKI AGE. 52 YEARS, OCC. TEACHER, R/O. AT HOLI HOSUR, TAL. BAILHONGAL, DIST. BELAGAVI-591102. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SMT. RESHMA MADIWALAR, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE ORDER DATED 05.09.2023 IN CC NO.2609/2023 (NANDGAD P.S CR 138/2022) PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC KHANAPUR, FOR OFFENCE U/S 504 OF IPC AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 16:40:20 +0530 - 2 - NC: 2025:KHC-D:3277 CRL.P No. 102549 of 2023 ORAL ORDER 1. The petitioner, who has been charge-sheeted for the offence punishable under Section 504 of the Indian Penal Code, 1860 (IPC), is before this Court seeking relief. 2. The prosecution alleges that on 8.11.2022, the petitioner, via his mobile phone, called the complainant and abused him in filthy language. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State. 4. The Apex Court, in the case of Madhushree Datta v. State of Karnataka, has held that a mere act of insulting someone does not satisfy the requirements of Section 504 of the IPC; the insult must be of such a nature that it provokes the person insulted to breach public peace or engage in criminal conduct. Therefore, to establish an offence under Section 504, it must be demonstrated, based on the available evidence, that the insult was intentional and delivered with the intent or knowledge that it would provoke either a disturbance of the public peace or the commission of another offence. 5. In the instant case, the charge-sheet material does not disclose that the intentional insult resulted in a breach of public peace or the commission of any other offence. Consequently, the essential element required to constitute an offence under Section 504 of the IPC is absent. Under these circumstances, the - 3 - NC: 2025:KHC-D:3277 CRL.P No. 102549 of 2023 continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 2609/2023, on the file of the Additional Civil Judge and JMFC, Khanapur, are hereby quashed. Ordered accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 3