- 1 - HC-KAR NC: 2025:KHC:54104 CRL.P No. 13012 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13012 OF 2025 BETWEEN: 1. SRI. YASH SHETTY @ CHOWKIDAR YASH SHETTY S/O MANOJ SHETTY, AGED ABOUT 20 YEARS, R/A DOOR NO. 3-241, SUDHAMA HOUSE, KANDIGE DARKAS, BELUVAI VILLAGE AND POST, MOODABIDRE TALUK, MANGALURU, D. K. DISTRICT-574213. …PETITIONER (BY SRI. BALAKRISHNA M.R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MOODABIDRE PS, D. K. DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. MRS. PRATHIBA K. C. FATHERS NAME NOT KNOWN TO THE PETITIONER, MAJOR IN AGE, POLICE SUB-INSPECTOR, MOODABIDRE POLICE STATION, MOODABIDRE TALUK, Digitally signed by SUMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54104 CRL.P No. 13012 of 2025 MANGALORE, D. K. DISTRICT-574227. …RESPONDENTS (BY SRI. JAGADEESHA B.N., ADDL. SPP FOR R1 AND R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.133/2025 DTD 25.08.2025 REGISTERED BY THE RESPONDENT NO.1/MOODABIDRE P.S., PENDING ON THE FILE OF HONBLE CIVIL JUDGE AND JMFC COURT, MOODABIDRE, MANGALORE CITY, FOR THE OFFENCE P/U/S 323(2) OF BNS, 2023. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the Learned counsel for petitioner and Learned Additional SPP for the State and perused the material on record. 2. Registration of FIR against the petitioner in Crime No.133/2025 of Moodabidre Police Station, Mangaluru City, for the offence punishable under Section 353(2) of the BNS, 2023 is challenged in this petition. 3. The prosecution has alleged that the petitioner has posted certain contents on the social media (Twitter), - 3 - HC-KAR NC: 2025:KHC:54104 CRL.P No. 13012 of 2025 with an intent to create or likely to create or prompt hatred or illwill between different communities etc. 4. Primarily, it is contented by the learned counsel that the contents do not amount to an offence, even taken at its face value and even otherwise, it was made in good faith and without any such intent as aforesaid. 5. As per prosecution, the petitioner has posted on his Twitter account the content such as “@ no DJ are allowed during #GaneshChaturthi in #Mangalore. Sir I request you to remove this order or else there might be chances of riots in Mangalore. If you really want to ban something than Ban #azan from Masjid.. Why don't you give order for that???". 6. According to the learned counsel, even accepting the said contents, the petitioner has posted the same without any such intent to cause any harm or to incite any class or community of persons or to cause disharmony between any religion. - 4 - HC-KAR NC: 2025:KHC:54104 CRL.P No. 13012 of 2025 7. Petitioner has filed an affidavit tendering an unconditional apology. Para No.3 of the affidavit reads as under:- "I submits that I will not repeat such act/acts in future in any manner and I tender unconditional apology for the act committed by me in the above case. Hence, this affidavit." 8. Petitioner has stated that he will not repeat such act/acts acts in future in any manner. He has thus tendered an unconditional apology for the act committed by him. 9. Having considered the entire material on record, this Court is of the view that the inherent power vested under Section 528 of the BNSS, can be exercised and matter can be closed by accepting the affidavit, in the interest of justice. Petitioner shall however, abide by the undertaking, in its true letter and spirit. Accordingly the following:- - 5 - HC-KAR NC: 2025:KHC:54104 CRL.P No. 13012 of 2025 ORDER i) Petition is allowed. ii) The investigation / proceedings arising out of Crime No.133/2025 of Moodabidre Police Station, Mangalore City registered for the offence punishable under Section 353(2) of the BNS 2023 and the consequential proceedings stand quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 109 CT-SG