"Material Too Vulgar To Be Reproduced In Order": Karnataka HC Declines To Quash FIR On Obscene Hindu Deities Images In WhatsApp Group
Court says sanction not needed at FIR stage; prima facie case under Section 295A IPC and IT Act made out, probe must continue
Justice M. Nagaprasanna, Karnataka High Court
The Karnataka High Court has refused to quash criminal proceedings against a man,accused in a case involving circulation of obscene and offensive images of Hindu deities in a WhatsApp group, holding that the investigation cannot be stifled at a preliminary stage. The bench noted that the content was too obscene that reproducing it in the judicial order would be inappropriate.
It further observed that the material collected prima facie disclosed deliberate and malicious acts capable of outraging religious feelings, attracting Section 295A IPC. Whether the petitioner had the requisite mens rea and the precise role of other group administrators, the Court said, are matters for investigation. The Court further held that sanction is required at the stage of cognizance, not for registration of FIR or investigation.
A bench of Justice M. Nagaprasanna observed, “Investigation was in progress prior to interdiction by this Court. The State has produced entire investigation material before this Court, a perusal of which contains depictions of Hindu deities in an extraordinarily obscene, demeaning and profane manner. The content is such that reproduction thereof, in a judicial order, would itself be inappropriate. Suffice it to observe that the material on its face has the tendency to outrage religious feelings and disturb communal harmony…”.
“…Premature interdiction by this Court would amount to stifling a lawful enquiry into allegations of serious import. I am of the considered view that the offence under Section 295A of the IPC is met to every word of its ingredient albeit, prima facie. The matter is still at the stage of investigation. What could be the outcome of the investigation is yet to be known. Therefore, this Court cannot now interdict the investigation of an offence of such nature. While this Court notes with some concern that the Investigating Officer appears to have blissfully ignored to proceed uniformly against all administrators of the group. However, if the investigation leads to any member being actively involved in permitting circulation of such pictures, they must be brought to book…”, the bench further observed.
Advocate T. Ramesh appeared for the petitioner, and B.N. Jagadeesha, Addl. SPP appeared for the respondent.
The matter pertained to a complaint that a WhatsApp link titled “Bajarangi Go Kallaru” added users to a group with around 250 participants and multiple administrators, where morphed and profane images of Hindu gods and certain political figures were allegedly shared repeatedly.
The complainant claimed the content was deliberately intended to outrage religious feelings and could disturb communal harmony.
An FIR was registered for offences under Section 295A IPC and Section 67 of the Information Technology Act, 2008 and electronic devices and screenshots were seized during investigation.
The petitioner, then approached the High Court seeking quashing of the FIR, arguing that prior sanction under Section 196 CrPC was mandatory and that he had no direct role apart from his phone number being mentioned.
The bench, however, calling the petition meritless, declined to interfere and directed the Investigating Officer to complete the probe expeditiously, noting that premature judicial intervention would amount to stifling a lawful inquiry into serious allegations.
Cause Title: Sirajuddin v. The State Of Karnataka Criminal Petition No.3258 Of 2024
Appearance:
Petitioner: T. Ramesh, Advocate.
Respondent: B.N. Jagadeesha, Addl. SPP, Rakshith Kumar, Advocate.