The Karnataka High Court has quashed criminal proceedings against a man booked under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, for allegedly sharing a social media poster depicting Congress leader Rahul Gandhi alongside a Pakistani Army officer. Justice M. Nagaprasanna held that allowing the prosecution to continue, on the facts presented, would amount to an abuse of the process of law.
Background
The case arose from a Facebook post shared on May 20, 2025, from an account named 'Rajesh Hirimane'. The poster showed one half of Rahul Gandhi's face alongside the other half of the face of a Pakistani Army officer wearing a uniform bearing the name 'ASIM'. It carried the tagline 'ONE AGENDA'.
The Deputy Commissioner of Shivamogga lodged a complaint alleging that the image was capable of creating enmity, hatred and ill-will between communities and regional groups. Subsequently, Nagar Police registered Crime No. 25/2025 under Section 353(2) of the BNS and filed a charge sheet. The Magistrate took cognizance, leading to C.C. No. 2891/2025.
The petitioner approached the High Court seeking quashing of the criminal proceedings and the sanction order dated November 14, 2025. His counsel argued that he had merely shared the image and was not its creator.
Justice Nagaprasanna examined whether the complaint and charge sheet disclosed the ingredients of an offence under Section 353(2) of the BNS. The Court relied on the Supreme Court's decision in Imran Pratapgarhi v. State of Gujarat, which emphasised the importance of protecting constitutional freedoms while dealing with allegations arising from speech or expression.
The Supreme Court had observed:
"Even while dealing with the performance of an obligation under sub-section (1) of Section 173, where the commission of the offence is based on spoken or written words, the police officer concerned will have to keep in mind the fundamental rights guaranteed under Article 19(1)(a) read with an exception carved out under clause (2) of Article 19."
The High Court also considered the principles discussed in Bhagwati Charan Shukla v. Provincial Govt., C.P. & Berar concerning the assessment of allegedly objectionable expression.
After examining the complaint, charge sheet and applicable legal principles, the Court concluded that continuing the trial in the present circumstances would amount to an abuse of the process of law and result in a miscarriage of justice.
Accordingly, the Karnataka High Court allowed the writ petition and quashed the criminal proceedings in C.C. No. 2891 of 2025 pending before the JMFC Court at Hosanagara, Shivamogga District.
The Court also set aside the Deputy Commissioner's sanction order dated November 14, 2025.
Case Details
Case Title: G. Nagesh alias Rajesha Hirimane v. State of Karnataka & Ors.
Case Number: Writ Petition No. 21084 of 2026 (GM-RES)
Judges: Justice M. Nagaprasanna
Decision Date: 4 November 2026
