01Facts
The complainant alleged that, during a “Comedy Kiladigalu” programme telecast on Zee Kannada on 16 January 2021, a performer used the words “Kokke Korava,” thereby insulting the Korama community.
pp. 7–10 · ¶ 2–5Ashoknagar Police registered Crime No. 20/2021 for an alleged offence under the SC/ST (Prevention of Atrocities) Act, 1989; the investigation was transferred to Subramanyapura Police.
pp. 7–10 · ¶ 2–5The performer, channel head and other programme personnel petitioned under Section 482 CrPC to quash the FIR and related proceedings.
pp. 7–10 · ¶ 2–5They argued that the words referred to a fish, were not used to identify or insult the Korama community, and were spoken without intent to humiliate.
pp. 7–10 · ¶ 2–5The complainant’s counsel did not make submissions at the hearing.
pp. 7–10, 12 · ¶ 2–502Issues
i.1. Whether the allegations in the complaint and FIR, taken at face value, disclosed the ingredients of the alleged offence under the SC/ST (Prevention of Atrocities) Act.
pp. 7–8, 13–16 · ¶ 2, 5ii.2. Whether the High Court should exercise its inherent jurisdiction under Section 482 CrPC to quash the FIR and further proceedings.
pp. 14–16 · ¶ 503Law Applied
The Court considered the alleged offence under the SC/ST (Prevention of Atrocities) Act, referring in its discussion to Section 3(1)(r), and treated intentional insult or intimidation, with intent to humiliate a person belonging to a Scheduled Caste or Scheduled Tribe, in a place within public view as necessary to attract the provision.
pp. 10–11, 15–16 · ¶ 3, 5It relied on *Pepsi Foods Ltd. v. Special Judicial Magistrate*, (1998) 5 SCC 749, and *State of Haryana v. Bhajan Lal*, 1992 SCC (Cri) 426, for the principles governing quashing where allegations do not disclose an offence or continuation of proceedings would amount to abuse of process.
p. 14 · ¶ 5It also relied on *Hitesh Verma v. State of Uttarakhand*, (2020) 10 SCC 710, and *Ramesh Chandra Vaishya v. State of U.P.*, (2023) 17 SCC 615, in support of the requirement of intent to humiliate.
pp. 15–16 · ¶ 5Provisions in the judgment · 2 · Linked ones open on LawLens
Code of Criminal Procedure, 1973 Section 482
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3
04Reasoning
The Court found that the complaint identified the words used during a comedy skit but, on the material before it, did not establish that they were used to refer to the complainant’s caste or with an intention to humiliate members of that community.
pp. 9–11, 13–16 · ¶ 3, 5It accepted the petitioners’ explanation that “Kokke Korava” referred to a hooked fish, noted that the words did not appear in the script and regarded their use as a slip of the tongue.
pp. 9–11, 13–16 · ¶ 3, 5In the Court’s view, the programme’s broadcast in public did not by itself establish the required caste-related intent.
pp. 9–11, 13–16 · ¶ 3, 5It therefore concluded that the allegations did not make out the offence and that continuing the prosecution would warrant the exercise of inherent jurisdiction.
pp. 9–11, 13–16 · ¶ 3, 505Holding
The Court allowed the petitions and quashed the FIR dated 22 January 2021 in Crime No. 20/2021 registered by Ashoknagar Police, together with the proceedings arising from it.
p. 16 · operative orderOriginal Court PDF
SATISH H MvsSTATE OF KARNATAKA
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
