Court rules against quashing FIR, emphasizes need for thorough probe into allegations of abuse and public nuisance.
The Karnataka High Court, presided over by Justice M. Nagaprasanna, has refused to quash the First Information Report (FIR) against Sri. Rajeev Gowda B.V., who is accused of abusing a public servant and erecting unauthorized banners that caused a public nuisance. The petitions, numbered Criminal Petition No. 716 of 2026 and Criminal Petition No. 721 of 2026, were dismissed on January 22, 2026, emphasizing the necessity for a detailed investigation into the allegations.
The case stems from an incident on January 12, 2026, when banners promoting a film titled "Cult" were allegedly put up across Shidlaghatta Town under the leadership of Rajeev Gowda. These banners reportedly fell, causing damage to vehicles, leading to their removal by the Municipal Commissioner, the complainant in the case. Subsequently, Gowda allegedly called the Commissioner, a public servant, and hurled abuses, which were recorded and circulated on social media.
The charges against Gowda include offenses under Sections 132, 224, 352, 351(3), and 56 of the Bharatiya Nyaya Sanhita (BNS), 2023, as well as violations under the Karnataka Open Places (Prevention of Disfigurement) Act, 1981. The court highlighted that abuse or intimidation of a public servant, particularly a woman performing lawful duties, attracts penal consequences under Sections 79 and 132 of the BNS.
Justice Nagaprasanna cited the Supreme Court's principles, noting that an FIR should not be quashed unless it fails to disclose any cognizable offense or falls within the rarest of rare cases. The court emphasized the importance of allowing the police to conduct a thorough investigation, as the FIR is not expected to provide all details at the initial stage.
The court also addressed the issue of unauthorized banners, pointing out the rampant violation of the Karnataka Open Places (Prevention of Disfigurement) Act and urging authorities to enforce the law to prevent public nuisance and preserve civic aesthetics.
The decision underscores the judiciary's stance on ensuring accountability and the rule of law, particularly concerning the conduct of public figures and the protection of public servants in the discharge of their duties. The court's ruling allows the investigation to proceed, with the potential for additional charges based on the findings.
Bottom Line:
Abuse or intimidation of a public servant, particularly a woman, performing lawful duties, constitutes penal consequences under relevant provisions of law, including Sections 79 and 132 of the Bharatiya Nyaya Sanhita (BNS), and such language or actions require investigation.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 79, 132; Criminal Procedure Code, 1973 Section 482; Karnataka Open Places (Prevention of Disfigurement) Act, 1981
Sri. Rajeev Gowda B.V. v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2842890
