Allowed¶51

Sri. Yash Shetty @ Chowkidar Yash Shetty v. State of Karnataka

Karnataka HC17 Dec 2025CRL.P/13012/2025

Case brief

AI extract

What is this about?

Quashing of FIR; Crime No.133/2025 Moodabidre Police Station; Section 353(2) BNS 2023; Section 323(2) BNS 2023 (cause title); Section 528 BNSS inherent powers; Section 482 Cr.P.C.; Twitter/social media post re Ganesh Chaturthi DJ ban, riots, azan; unconditional apology affidavit; undertaking; Civil Judge and JMFC Moodabidre; High Court of Karnataka; Mohammad Nawaz, J.; decided 17-12-2025; NC: 2025:KHC:54104.

What did the court decide?

Quashing of the investigation/proceedings arising out of Crime No.133/2025 of Moodabidre Police Station, registered for the offence punishable under Section 353(2) of the BNS 2023, and the consequential proceedings, subject to the petitioner abiding by his undertaking. ¶51

Sri. Yash Shetty @ Chowkidar Yash Shetty Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶51

Issue for consideration

Whether the FIR in Crime No.133/2025 of Moodabidre Police Station, registered for the offence punishable under Section 353(2) of the BNS, 2023, and the proceedings arising therefrom ought to be quashed. +1 more

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Court's answer

The petition was allowed and the investigation/proceedings arising out of Crime No.133/2025 of Moodabidre Police Station, registered for the offence punishable under Section 353(2) of the BNS 2023, along with the consequential proceedings, stand quashed.

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Ratio / Principle

Having considered the entire material on record, the Court held that the inherent power vested under Section 528 of the BNSS can be exercised and the matter can be closed by accepting the petitioner's affidavit of unconditional apology, in the interest of justice; the petitioner shall abide by the undertaking in its true letter and spirit.

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Detailed headnote1 paragraphs

Criminal Petition under Section 482 Cr.P.C. (Section 528 BNSS) filed to quash the FIR and complaint in Crime No.133/2025 dated 25.08.2025 of Moodabidre Police Station, pending before the Civil Judge and JMFC Court, Moodabidre, for the offence punishable under Section 353(2) of the BNS, 2023 (cause title prints “323(2)”), arising from a Twitter post allegedly made with intent to create or promote hatred or ill-will between different communities. The petitioner filed an affidavit tendering an unconditional apology and undertaking not to repeat such acts. Holding that the inherent power under Section 528 BNSS could be exercised and the matter closed by accepting the affidavit in the interest of justice, and directing the petitioner to abide by the undertaking, Mohammad Nawaz, J. allowed the petition and quashed the investigation/proceedings and consequential proceedings (order dated 17-12-2025).

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NC: 2025:KHC:54104 CRL.P No. 13012 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 13012 OF 2025

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BETWEEN:

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SRI. YASH SHETTY @ CHOWKIDAR YASH SHETTY S/O MANOJ SHETTY, AGED ABOUT 20 YEARS, R/A DOOR NO. 3-241, SUDHAMA HOUSE, KANDIGE DARKAS, BELUVAI VILLAGE AND POST, MOODABIDRE TALUK, MANGALURU,

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D. K. DISTRICT-574213.

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…PETITIONER

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(BY SRI. BALAKRISHNA M.R., ADVOCATE) AND:

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Digitally signed by SUMA Location: High Court of Karnataka

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STATE OF KARNATAKA BY MOODABIDRE PS, D. K. DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.

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MRS. PRATHIBA K. C. FATHERS NAME NOT KNOWN TO THE PETITIONER, MAJOR IN AGE, POLICE SUB-INSPECTOR, MOODABIDRE POLICE STATION, MOODABIDRE TALUK,

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NC: 2025:KHC:54104 CRL.P No. 13012 of 2025

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HC-KAR

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MANGALORE,

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D. K. DISTRICT-574227.

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…RESPONDENTS

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(BY SRI. JAGADEESHA B.N., ADDL. SPP FOR R1 AND R2)

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THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.133/2025 DTD 25.08.2025 REGISTERED BY THE RESPONDENT NO.1/MOODABIDRE P.S., PENDING ON THE FILE OF HONBLE CIVIL JUDGE AND JMFC COURT, MOODABIDRE, MANGALORE CITY, FOR THE OFFENCE P/U/S 323(2) OF BNS, 2023.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard the Learned counsel for petitioner and Learned Additional SPP for the State and perused the material on record.

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Registration of FIR against the petitioner in Crime No.133/2025 of Moodabidre Police Station, Mangaluru City, for the offence punishable under Section 353(2) of the BNS, 2023 is challenged in this petition.

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The prosecution has alleged that the petitioner has posted certain contents on the social media (Twitter),

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NC: 2025:KHC:54104 CRL.P No. 13012 of 2025

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HC-KAR

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with an intent to create or likely to create or prompt

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hatred or illwill between different communities etc.

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Primarily, it is contented by the learned counsel

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that the contents do not amount to an offence, even taken at its face value and even otherwise, it was made in good faith and without any such intent as aforesaid.

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As per prosecution, the petitioner has posted on his Twitter account the content such as “@ no DJ are allowed during #GaneshChaturthi in #Mangalore. Sir I request you to remove this order or else there might be chances of riots in Mangalore. If you really want to ban something than Ban #azan from Masjid.. Why don't you give order for that???".

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According to the learned counsel, even accepting the said contents, the petitioner has posted the same without any such intent to cause any harm or to incite any class or community of persons or to cause disharmony between any religion.

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4 - NC: 2025:KHC:54104 CRL.P No. 13012 of 2025

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HC-KAR

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Petitioner has filed an affidavit tendering an

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unconditional apology. Para No.3 of the affidavit reads as under:-

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"I submits that I will not repeat such act/acts in future in any manner and I tender unconditional apology for the act committed by me in the above case. Hence, this affidavit."

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Petitioner has stated that he will not repeat

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such act/acts acts in future in any manner. He has thus tendered an unconditional apology for the act committed by him.

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Having considered the entire material on record, this Court is of the view that the inherent power vested under Section 528 of the BNSS, can be exercised and matter can be closed by accepting the affidavit, in the interest of justice. Petitioner shall however, abide by the undertaking, in its true letter and spirit. Accordingly the following:-

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5 - NC: 2025:KHC:54104 CRL.P No. 13012 of 2025

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HC-KAR

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ORDER

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i) Petition is allowed .

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ii) The investigation / proceedings arising out of Crime No.133/2025 of Moodabidre Police Station, Mangalore City registered for the offence punishable under Section 353(2) of the BNS 2023 and the consequential proceedings stand quashed .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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LDC List No.: 1 Sl No.: 109 CT-SG

Sri. Yash Shetty @ Chowkidar Yash Shetty v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Yash Shetty @ Chowkidar Yash Shetty v. State of Karnataka

Case brief

What is this about?

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What the court decided

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