Karnataka High Court Declines To Quash Case Against Man For Circulating WhatsApp Audio Clips Criticising State's Handling Of COVID-19

The Karnataka High Court recently refused to quash a case registered in the year 2020, against a person accused of circulating audio clips in WhatsApp groups wherein he criticized the Government, local MLA, and the manner in which the State Authorities were handling the COVID-19 pandemic.

A single judge, Justice Sachin Shankar Magadum dismissed the petition filed by one Althaf Hussain Yane Althaf Moosa, who is charged under section 153A and 505(2) of the Indian Penal Code.

The bench said “This Court is of the prima facie view that there is sufficient ground to proceed against the petitioner at this stage. Section 153A IPC is attracted where any person, by words spoken or written, or by signs or otherwise, makes an attempt with the intention of promoting enmity or provoking disharmony, which is likely to result in disturbance of public tranquillity. This Court cannot lose sight of the magnitude of panic that prevailed during the first phase of COVID-19 pandemic. Whether the audio recording released by the petitioner was made recklessly, maliciously, or with total disregard for the prevailing crisis, is a matter that necessarily requires determination in a full-fledged trial.”

As per the prosecution case the petitioner, through audio messages circulated on WhatsApp, not only made scathing allegations against the State Authorities but also directly attacked the then MLA of the local constituency. He created panic among the public by alleging, in the audio clipping, that the MLA was misusing COVID-19 situation to make unlawful financial gains. It was alleged that petitioner even stated that without conducting proper inspections, patients were being forcibly subjected to treatment and that a sum of Rs.40,000/- was being collected for each such treatment.

Seeking quashing of the case the petitioner relied on the alleged audio clip and argued that allegations, even if taken at their face value, do not constitute any offence. Allowing the prosecution to continue would amount to an abuse of process of law.

The prosecution opposed the plea saying that during the initial phase of the COVID-19 pandemic, the petitioner deliberately misled the public and attempted to give a communal colour to the issue by making provocative statements in the said audio recording. Such statements had the effect of disturbing public order and harmony at a time when the entire State was grappling with a grave health crisis. Prosecution also pointed out that the petitioner is involved in several other criminal proceedings.

The bench on going through the record and audio clip said “Upon a holistic reading of the translated audio clip, this Court finds that there is material to support the prosecution's contention that the petitioner's statements were capable of creating panic and disturbing communal harmony. The contention of the petitioner that the charge sheet materials do not disclose the commission of any offence cannot be accepted at this juncture.”

Dismissing the petition the bench said “The translated audio clipping, forming part of the charge sheet, along with the FSL report obtained by the Investigating Officer confirming the voice of the petitioner, constitute prima facie material warranting trial. Therefore, this Court is of the considered view that no indulgence can be granted at this stage.”

Appearance: Advocate Talha Ismail Bengre for Petitioner.

Additional SPP Rashmi Jadhav for Respondent.

Citation No: 2025 LiveLaw (Kar) 358

Case Title: ALTHAF HUSSAIN YANE ALTHAF MOOSA AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 7272 OF 2025.

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