- 1 - NC: 2025:KHC-D:713 CRL.P No. 102686 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102686 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. S. ANTHONY DAS S/O. LATE SAVARIMUTHU AGE. 39 YEARS, OCC. PRIVATE, R/O. H.NO.1267, OPP. CHRIST KING CHURCH AMBEDKAR NAGAR, TUNGABHADRA DAM, HOSAPETE, DIST. VIJAYANAGARA-583201. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH T.B.DAM POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580001. 2. SHRI. VINAYAKA SHETTER S/O. SANNEKKEPPA AGE. 48 YEARS, OCC. PRIVATE, R/O.18TH WARD, JALERA STREET, HOSAPETE, DIST. VIJAYANAGARA-583201. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC., SEEKING TO, QUASH THE IMPUGNED PROCEEDINGS INITIATED IN CRIME NO 41/2023, BY THE T.B DAM P.S THE RESPONDENT POLICE ON COMPLIANT FILED BY THE 2ND RESPONDENT ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC COURT, HOSAPETE FOR THE OFFENCES PUNISHABLE UNDER SECTION 505(2) AND 509 OF THE IPC, 1860. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 09:48:59 +0530 - 2 - NC: 2025:KHC-D:713 CRL.P No. 102686 of 2023 THIS PETITION, COMING ON FOR FINAL HEARING, 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 the offences punishable under Sections 509 and 505(2) of IPC is impugned in this petition. 2. The respondent No.2 lodged the FIR alleging as follows: 3. The complainant has alleged that on 2.9.2023, Smt. B.L. Rani Samyuktha, who is the Principal Secretary of the Karnataka Pradesh Congress Committee and a social worker, called a press conference wherein she stated and opined that the present state government has given much priority to women by launching schemes like Stri Shakti, Gruha Jyothi, and other schemes in the state in general, and in Hosapete specifically. She also mentioned that the problem of obtaining Form No.3 in the Municipality had been rectified, and that people have gained independence in the real sense. 4. Further, it is the case of the complainant that on 4.9.2023 at 5:00 p.m., the petitioner, using a small portion of the video from the press statement made by Smt. B.L. Rani Samyuktha, included another video wherein POWER TV had telecasted a breaking news story about high-tech prostitution in M.P. Prakash Nagar of Hosapete. The quotation “Namma Vijayanagara Kshetrakke SWatantra Sikkide Anta Heliddu - 3 - NC: 2025:KHC-D:713 CRL.P No. 102686 of 2023 Idenamma” was included in the video, which was then posted on the petitioner’s Facebook account and WhatsApp, going viral. The complainant alleges that the petitioner’s act triggered political vengeance between political parties in Hosapete and was disrespectful to Smt. B.L. Rani Samyuktha, insulting her modesty in society. 5. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent No.1 – State. 6. The only allegation against the petitioner is that, in the telecast made by POWER TV, it was highlighted that high-tech prostitution was taking place in M.P. Prakash Nagar of Hosapete. The petitioner is alleged to have posted on Facebook that the constituency and its constituents have attained independence. Admittedly, if this allegation against the petitioner is accepted, it does not create or promote enmity or hatred between castes or communities. 7. Section 509 of IPC deals with words, gestures, or acts intended to insult the modesty of a woman. It states that whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with a fine. - 4 - NC: 2025:KHC-D:713 CRL.P No. 102686 of 2023 8. In the instant case, the uploading of the statement by the petitioner does not insult the modesty of any woman. Therefore, in the absence of the essential elements to constitute the commission of the offence, the continuation of the criminal investigation would amount to an abuse of process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned FIR in Crime No.41/2023 registered by the T B Dam, Police Station pending on the file of the learned Addl. Civil Judge (Jr.Dn.) and JMFC Court, Hosapete, Vijayanagara Dist., is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 43