This petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to quash the proceedings
against the petitioners/accused Nos.2 to 5 in
C.C.No.360/2025, arising out of Crime No.242/2024,
registered by Jewargi Police, for the offences punishable
under Section 299 r/w Section 190 of Bharatiya Nyaya
Sanhita, 2023 (for short, “BNS, 2023”), pending on the file
of Senior Civil Judge & JMFC, Jewargi, Kalaburagi (for
brevity, “learned Magistrate”).
2. The abridged facts of the case are, respondent
No.2 i.e., ASI of Jewargi Police Station, lodged a complaint
against the petitioners alleging that on 20.09.2024 on the
eve of Lord Ganesha idol immersion procession, he was
deputed as a security along with the other Police
constables. At that time, the local boys who were involved
in the immersion procession raised the slogan as “Jai Sri
Rama, Jai Ganesha”. Further, at 09:30 p.m. near
Mahalakshmi Temple at Jewargi, when the immersion
NC: 2026:KHC-K:1551
HC-KAR
procession is heading towards Tippu Sulthan Chowk, the
boys involved in the procession i.e., accused No.1 and
petitioner Nos.1 to 4/accused Nos.2 to 5, raised the slogan
of “Kshatrapati Shivaji on Horse and Tippu Sultan on my
*****”. When the elders advised them not to make such
slogans, they continued the procession by raising the
slogans as “Jai Sri Rama, Jai Ganesha”. The said slogans
were recorded in the mobile phone and uploaded in the
social media. Subsequently, the same was viewed by the
ASI/respondent No.2 and accordingly, he lodged a
complaint before respondent No.1-Police against accused
No.1 and the petitioners, which registered in Crime
No.242/2024 for the aforementioned offence.
