SRI DEVAIAH C K @ DORE vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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Reserved on : 29.08.2026
Pronounced on : 04.11.2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 04 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 8173 OF 2026
BETWEEN:
SRI DEVAIAH C.K. @ DORE
S/O C.M.KUSHALAPPA
AGED ABOUT 48 YEARS
RESIDING AT NO.6,
TH
5 CROSS, GANESHA BLOCK,
RT NAGAR POST
BENGALURU – 560 032
(ADDRESS AS PER AADHAR CARD)
…PETITIONER
(BY SRI NISHANTH S.K., ADVOCATE FOR
SRI YOGESH N., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HIGH GROUNDS PS
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
Digitally signed by
PADMAVATHI B K
Location: High
Court of
Karnataka
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2. SRI B.N.ANAND
S/O LATE B.L.NARAYANA
AGED ABOUT 52 YEARS,
OFFICE AT KPCC OFFICE,
QUEENS ROAD,
BENGALURU – 560 001.
…RESPONDENTS
(BY SRI B.N.JAGADEESHA, SPP-I, A/W
SMT.WAHEEDA M.M., HCGP FOR R-1;
SRI SOMANNA K.P., ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF
BNNS, PRAYING TO QUASH THE FIR DATED 03.05.2026 AND
COMPLAINT DATED 30.04.2026 AGAINST THE PETITIONER IN
CRIME NO.060/2026 WHICH IS PENDING ON THE FILE OF I ADDL.
CHIEF JUDICIAL MAGISTRATE AT BENGALURU, FOR THE ALLEGED
OFFENCES P/U/S 192 AND 352 OF THE BNS, REGISTERED BY
RESPONDENT POLICE (PRODUCED AT ANNEXURE A AND B).
THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 29.08.2026, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
CAV ORDER
The petitioner is before the Court calling in question
registration of a crime in Crime No.60 of 2026 registered for
offences punishable under Sections 192 and 352 of the BNS.
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2. Heard Sri Nishanth S.K. , learned counsel appearing for
the petitioner, Sri B.N. Jagadeesha , learned State Public
Prosecutor-1 appearing for respondent No.1 and Sri Somanna
K.P. , learned counsel appearing for respondent No.2.
3. Facts, in brief, germane are as follows: -
nd
The 2 respondent is the complainant. A complaint comes to
be registered on an allegation that in a whatsapp group by name
“Kodagina Samasyegalu” and in the chat of Kanniganda Hammi, the
petitioner/accused, allegedly using a particular mobile number,
posted a message concerning daughters of sitting M.L.A. of Virajpet
constituency. Based upon the said allegation, a complaint comes to
be registered in Crime No.60 of 2026 for the aforesaid offences.
Registration of crime has driven the petitioner to this Court in the
subject petition.
4. The learned counsel appearing for the petitioner submits
that the ingredients of Sections 192 and 352 of the BNS would not
get attracted even to its semblance in the case at hand, after all,
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the petitioner has spoken about the daughters of the M.L.A.
speaking thus, ‘the M.L.A. also has two daughters and karma will
return, wait and watch’ and this is circulated in the whatsapp group.
The learned counsel would submit that merely because it is
circulated, it would not amount to an offence and accordingly,
would seek quashment of the proceedings.
nd
5. Per contra, the learned counsel appearing for the 2
respondent/complainant would submit that the petitioner is in the
habit of making such allegations against every person and later
gets away with settlement with them either pre-conviction or post-
conviction. The fact remains that for such offences he is convicted.
The matter is still at the stage of crime and this Court must not
interfere at this stage.
6. I have given my anxious consideration to the submissions
made by the respective learned counsel and have perused the
material on record.
7. The afore-narrated facts are not in dispute. A complaint
comes to be registered on 30-04-2026 for several offences. Since
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the entire issue is triggered from the complaint, I deem it
appropriate to notice the complaint. The complaint reads as follows:
“Date: 30/04/2026
To
The Station House Officer,
High Grounds Police Station,
Millers Road, Vasanath Nagar,
Bengaluru 560 052.
Sir,
Subject: Registration of FIR against few People for
making inflammatory, Derogatory and
personal remarks against the daughters
of Congress Party leaders and Legal
Advisor to Hon'ble Chief Minister of
Karnataka Sri.A. S. Ponnanna, MLA with
the Intent to incite public outrage and
Disturb communal harmony.
*
Respected Sir ,
In the Whatsapp Group named as (K) Kodagina
Sampayegalu" on 29/04/2026 one person named as 'Dore'
having replying to the chat made by the Mobile Number
9964411820, which is to be used by one ‘Eshawa Kannigunda
Hammi had commented using the cursing words that " Even
Ponnanna has two daughters, wait and watch Karma
returns” had posted the such statements against the daughters
of Sri. A. S. Ponnanna. The said person named as "Dore" in the
said whatsapp Group has made highly objectionable,
defamatory, and inflammatory remarks using such cursing
words referring to the daughters of Sri. A. S Ponnanna while
commenting for post posted directly targeting the leader of
Congress Party and also the Legal Advisor to Chief Minister of
Karnataka., Sri A. S. Ponnanna MLA these comments with
unparlimentary words with such personal remarks are widely
responsible for prompting such miscreants in making relating by
using cursing statement against women.
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The words and language create a false moral outrage are
intended to incite hatred, storage and disrespect towards
Sri.Ponnanna, MLA and his family along with the congress party
and those who hold him, in esteem.
These comments are communally charges and
provocation, against at entire Political party and its members
and thereby promoting communal disharmony. It is clearly
insightful in consequence, as equating the Congress Party and
its members is likely to provoke public anger, outrage, and
breach of peace. Such conduct when made by a miscreants,
undermines public trust, threatens communal harmony and
directly vilifies political opponents through hate filled and
reckless comments.
The post has trigged numerous hateful comments,
including personal insults. These responses amplify the
incitement initially trigged by the derogatory narrative. This post
was intentionally directed at inciting hatred and enmity among
the public. This clearly attract penal provisions under the
following sections of the Bharatiya Nyaya Sanhita 2023 and the
Information Technology Act, 2000, including but not limited to:
SECTION 79 BNS - Whoever, intending to insult the modest of
any women, uttered any words, making any sound or gesture or
exhibits any object in any form intending that such word or
sound shall be heard, or that such gesture or object shall be
seen by such women or intrudes upon the privacy of the such
women, shall be punished with simple imprisonment for a term
which may extend to three years and also with fine.
SECTION 196 BNS - Promoting enmity between different
groups or the grounds of religion, race, place of birth, residence,
language etc., and doing acts prejudicial to the maintenance of
harmony:
SECTION 66A IT Act - Punishment for sending offensive
messages.
SECTION 353(2) BNS -Statements creating or promoting
enmity, hatred or ill-will between classes.
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SECTION 352 BNS - Intentional insult with intent to provoke
beach of the peace.
SECTION 356 BNS - Defamation
Such a hateful post has far reaching consequences on public
sentiment and may lead to serious law and order issues,
immediate action is essential to restore public confidence and
maintain social harmony.
Given the stature of the persons involved and the
context, such comments have far-reaching consequences on
public sentiment and may lead to serious law and order issues.
Moreover, such conduct from such people is to be curbed by
bringing their names in the books of the criminals. Hence,
immediate action is essential to restore public confidence and
maintain social harmony.
I therefore, humbly request you to take immediate action
on the matter, conduct a detailed investigation, and initiate
necessary criminal action against the above mentioned people
under the relevant provisions of law. Relevant screenshots and
links are annexed for your reference.
Yours sincerely
Sd/-
(B.N. ANAND)”
Immediately the subject petition is preferred. The investigation is
on, as there is no stay granted at the hands of this Court. In that
light, whether the offences are made out or otherwise will only be
discernible after completion of investigation. As to what offences
would remain or any offence would remain at all, would be the
product of investigation.
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8. Since the petitioner has spoken about the family of a
person i.e., sitting MLA of Virajpet Taluk dragging his daughters to
the scene, without any rhyme or reason, I deem it appropriate to
permit investigation to complete and reserve liberty to the
fora
petitioner to knock at the doors of appropriate .
9. With the above said observation, the petition stands
dismissed.
Pending application, if any, also stand disposed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
bkp