The Karnataka High Court has quashed criminal proceedings against a man who had shared a video on WhatsApp showing an alleged cow shooting. The Court held that the act did not meet the legal requirements to attract charges under Section 153 of the Indian Penal Code and allowed the petition to end the proceedings.
The case was filed against Vivek Kariappa C.K., a 29-year-old from Beeruga village in Kodagu district, who had shared a video clip in a WhatsApp group that depicted a man allegedly shooting a cow. Along with the video, the petitioner commented that the act was wrong. A suo-motu FIR was registered by Srimangala Police on May 8, 2024, initially invoking Section 505(2) IPC. Later, the charge was revised to Section 153 IPC after investigation.
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Section 153 deals with wanton provocation with the intent to cause a riot, whether or not rioting actually occurs the Court noted while evaluating the nature of the accusations.
Justice S.R. Krishna Kumar, presiding over the matter, stated that the case lacked the necessary ingredients to sustain the charge. He observed that merely forwarding a video—especially one that condemns the act shown—could not be seen as an attempt to provoke violence or public disorder.
In the instant case, the necessary ingredients constituting an offence punishable under Section 153 are conspicuously absent and missing from the impugned complaint and charge sheet material, the judge remarked.
Adding further context, the Court recorded that the petitioner had deleted the video shortly after sharing it and exited the WhatsApp group altogether.
It is also pertinent to note that the charge sheet itself reveals that immediately thereafter, the petitioner deleted the said video and exited from the WhatsApp group where the said video was allegedly posted by him, the Court highlighted.
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The Court also referred to prior rulings, including Sri Satish Jarkiholli v. Sri Dilip Kumar and Raju Thomas @ John Thomas v. State of Kerala, emphasizing that no prima facie case was made out under Section 153 IPC, which requires clear evidence of illegal action coupled with provocation likely to cause riots.
Further, the Court noted that there was no identified aggrieved party or public reaction indicating unrest or disturbance due to the video.
"Permitting further proceedings would become an abuse of the process of the law and result in miscarriage of justice," the order stated.
With these observations, the High Court allowed the petition, quashing the FIR dated May 8, 2024, complaint, and charge sheet filed in Crime No. 28/2024. The case was being heard by the Civil Judge and JMFC Court at Ponnampet, Kodagu, under C.C. No. 1427/2024.
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The petitioner was represented by Advocate Nishanth S.K., while the State was represented by HCGP Channappa Erappa.
Case Title: Vivek Kariappa C.K. v. State of Karnataka
Case Number: Criminal Petition No. 9436 of 2025
Date of Judgment: July 22, 2025
Bench: Hon’ble Mr. Justice S.R. Krishna Kumar
Court: High Court of Karnataka, Bengaluru