[S.153 IPC] Karnataka High Court Quashes Case Against Man For Forwarding Video Of Alleged Shooting Of Cow On WhatsApp Group
The Karnataka High Court has quashed a criminal case registered against a man who was booked by the police for forwarding a video on a WhatsApp group, showing a person allegedly shooting a cow, and the writing that the said shooting was incorrect.A single judge bench of Justice S R Krishna Kumar allowed the petition and quashed the case filed against 29-year-old Vivek Kariappa C K, who...
The Karnataka High Court has quashed a criminal case registered against a man who was booked by the police for forwarding a video on a WhatsApp group, showing a person allegedly shooting a cow, and the writing that the said shooting was incorrect.
A single judge bench of Justice S R Krishna Kumar allowed the petition and quashed the case filed against 29-year-old Vivek Kariappa C K, who was charged for offences punishable under Section 153 of the Indian Penal Code.
Section 153 reads thus: Wantonly giving provocation with intent to cause riot—if rioting be committed—if not committed.
The petitioner had approached the court seeking to quash the case registered against him, at Ponnampet, Kodagu, on 08-05-2024 and the chargesheet filed. The case was registered on a suo-motu complaint by the police initially against the petitioner for an alleged offence punishable under Section 505(2) of the IPC. After investigation, the respondent filed a charge sheet for an offence punishable under Section 153 of IPC by deleting/dropping the offence under Section 505(2) of IPC.
The bench referred to the coordinate bench judgment in the case of Sri.Satish Jarkiholli Vs. Sri.Dilip Kumar in Crl.P.8574/2024 disposed of on 12.12.2024.
Then it held “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 inasmuch as, except for the forwarding video showing a person allegedly shooting a cow and the petitioner in the video urging that the said shooting was incorrect, there is no other material to establish the petitioner could be incriminated for the alleged offences.”
It added “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.”
Allowing the petition and quashing the proceedings, the court said, “I am of the considered opinion that the impugned proceedings against the petitioner deserves to be allowed.”
Appearance: Advocate Nishanth S K for Petitioner.
HCGP Channappa Erappa for R1.
Citation No: 2025 LiveLaw (Kar) 254
Case Title: Vivek Kariappa C K AND State of Karnataka Case No: CRIMINAL PETITION NO. 9436 OF 2025