Criminal Petition No. 7058 of 2021 · The High Court
Case Details
- 1 - NC: 2025:KHC:3334 CRL.P No. 7058 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 7058 OF 2021 BETWEEN: PRABHU .S. S/O SIDDAPPA AGED ABOUT 39 YEARS LABOUR WELFARE OFFICER IN K.S.R.T.C., BUS STAND CHITRADURGA R/AT DWARALU VILLAGE KASABA HOBLI, SIRA TALUK TUMKURU DISTRICT - 572 139 (BY SRI. SATYANARAYANA .S. CHALKE, ADVOCATE) …PETITIONER AND: 1. STATE OF KARNATAKA BY KOTE POLICE STATION CHITRADURGA REPT. BY SPP, HCK BENGALURU - 560 001. 2. HANUMANTHAPPA DURGA FATHER NAME NOT KNOWN AGED ABOUT 56 YEARS CHITRDURAG JILLA DALITHA SANGATANEGALA OKKUTA VAIBHAV COMPUTER OPP: TO DISTRICT TREASURY CHITRADURGA - 577 501
Legal Reasoning
(BY SMT. RASHMI PATEL, HCGP FOR R1 R2 - SD - UNREPRESENTED) …RESPONDENTS Digitally signed by NANDINI B G Location: high court of karnataka - 2 - NC: 2025:KHC:3334 CRL.P No. 7058 of 2021 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.128/2021, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 295-A, 505(2) OF IPC AND SEC.3(1)(T), 3(1)(U), 3(1)(V) OF SC/ST (POA) ACT 1989 AGAINST THE PETITIONER, PENDING ON THE FILE OF THE IST RESPONDENT POLICE/KOTE POLICE STATION CHITRADURGA, WHICH IS NOW PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS COURT CHITRADURGA. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner being accused No. 1 working as Labour Welfare Officer in KSRTC Bus Stand, Chitradurga, is seeking to quash the criminal proceedings initiated against him in Crime No. 128 of 2021 of Chitradurga Kote Police Station, pending on the file of the learned II Additional District and Sessions Court, Chitradurga, for the offences punishable under Sections 295-A, 505(2) of Indian Penal Code (for short 'the IPC') and under Sections 3(1)(t), 3(1)(u), 3(1)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act'). - 3 - NC: 2025:KHC:3334 CRL.P No. 7058 of 2021 2. Brief facts of the case are that, respondent No.2 filed the first information with Chitradurga Kote Police stating that the petitioner is working as Labour Welfare Officer in the KSRTC bus stand, Chitradurga. On 15.08.2021 during Independence Day celebration, the portraits of Mahatma Gandhiji and Babasaheb Dr.B R Ambedkar were placed for the purpose of performing pooja. At that time, accused No.1 - Labour Welfare Officer came to the spot and insisted to remove the portrait of Dr. B R Ambedkar and he was successful in removing the portrait. The followers of Dr. B R Ambedkar, felt ashamed and painful. Accused No.2 was also present at the spot, but he was a mute spectator. Therefore, the complainant requested the police to initiate legal action. Accused No.2 was intercepted. 3. The informant has also stated that since the employees of KSRTC, Chitradurga have informed about this fact belatedly, there was delay in filing the complaint. On the basis of same, the FIR in Cr.No.128 of 2021 of Chitradurga Kote Police Station came to be registered for the above said offences. The petitioner has approached this Court seeking to quash the criminal proceedings initiated against him. Interim - 4 - NC: 2025:KHC:3334 CRL.P No. 7058 of 2021 order of stay was granted for the further proceedings and therefore, no investigation was undertaken. 4. Heard Sri Satyanarayana S Chalke, learned counsel for the petitioner and Smt Rashmi Patel, learned High Court Government Pleader for respondent No.1. Perused the materials on record. 5. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" My answer to the above point is in the 'Affirmative' for the following: REASONS 6. The petitioner is said to be working as Labour Welfare Officer in KSRTC Bus Stand. On 15.08.2021, Independence Day celebration was going on and at that time, the portraits of Mahatma Gandhi and Dr. B R Ambedkar were placed near the flag post. The petitioner is said to have - 5 - NC: 2025:KHC:3334 CRL.P No. 7058 of 2021 insisted for removing the photo of Dr. B R Ambedkar. Accused No.2 who was the Divisional Controller of KSRTC was a mute spectator and the portrait of Dr. B.R. Ambedkar was removed. Thereby it is stated that both have committed the offences as stated above. 7. Learned counsel for the petitioner has produced the Circular issued by the Government of Karnataka dated 25.01.2020 mandating displaying the photo of Dr. B R Ambedkar during Republic Day celebration on January 26th in all Government Offices, Schools and Colleges. It is stated that there is no such Circular mandating the portrait of Dr. B R Ambedkar, to be placed during Independence Day celebration. He also drawn the attention of the Court to the Circular dated 08.07.2024 issued by the State Government mandating to include the portrait of Mahatma Gandhiji along with Dr. B R Ambedkar even during Independence Day celebration during August 15th in all Government Offices, Schools and Colleges etc., Therefore, prima facie, there was no direction by the Government to put the portrait of Dr. B R Ambedkar along with the portrait of Mahatma Gandhi at the time of incident. - 6 - NC: 2025:KHC:3334 CRL.P No. 7058 of 2021 8. Learned counsel has also produced several photographs said to be pertaining to the Independence Day celebration dated 15.08.2021 to contend that the photographs of both Mahatma Gandhiji and Dr. B R Ambedkar were placed while flag hoisting. Learned High Court Government Pleader has not disputed this fact. Therefore, prima facie, there is no substance in the allegations made in the complaint. 9. A bare reading of the first information discloses that respondent No.2 was not present during the Independence Day celebration, but he learnt about the incident through the employees of KSRTC and the complaint came to be filed on 16.08.2021 at 5.30 p.m. None of the persons who were present at the spot have chosen to file any complaint. Moreover, it is not the contention of respondent No.2 that the petitioner had used any abusive language either against Dr. B R Ambedkar or against any of the persons who are belonging to SC/ST to invoke the provisions of SC/ST Act. Therefore, prima facie, I am of opinion that it is yet another instance of abuse of the provisions of special enactment which is meant for safeguarding the interest of the oppressive class. Hence, continuation of criminal proceedings against the petitioner is in - 7 - NC: 2025:KHC:3334 CRL.P No. 7058 of 2021 abuse of process of law. Therefore, I deem it appropriate to quash the criminal proceedings. Accordingly, I answer the above point in the affirmative and proceed to pass the following:
Decision
ORDER (i) The Criminal Petition is allowed. (ii) The criminal proceedings initiated against the petitioner in Crime No. 128 of 2021 of Chitradurga Kote Police Station, pending on the file of the learned II Additional District and Sessions Court, Chitradurga, for the offences punishable under Sections 295-A, 505(2) of IPC and under Sections 3(1)(t), 3(1)(u), 3(1)(v) of SC/ST Act, is hereby quashed. In view of the disposal of main petition, IA.1 of 2022 filed for vacating stay stands disposed off. Sd/- (M G UMA) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 24