Petition alleging lack of locus and contesting Facebook post targeting caste of political leader and Dr. B.R. Ambedkar rejected; Court imposes Rs. 25,000 cost for abuse of court process
In a significant ruling on November 2, 2026, the Karnataka High Court, led by Justice Anant Ramanath Hegde, dismissed a criminal petition filed by Mahesha K C @ Mahesh Gowda seeking to quash a charge sheet filed under the Bharatiya Nyaya Sanhita, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The charge sheet was in connection with a complaint alleging that Facebook content published by the petitioner targeted the caste of a political leader as well as Dr. B.R. Ambedkar, thereby attracting penal provisions for caste-based offenses.
The petitioner contended that the complaint was filed by a member of a political party and argued that the person allegedly named in the Facebook publication had not lodged any complaint, thus challenging the petitioner's locus standi to face such allegations. However, the Additional State Public Prosecutor, appearing for the State, submitted that the Facebook post clearly referenced caste identities, warranting police investigation and subsequent prosecution.
After careful examination of the complaint and charge sheet materials, the Court concluded that the petition was a gross abuse of the judicial process, lacking any substantive ground for quashing the proceedings. The Court noted that the charge sheet prima facie disclosed a case that required trial, dismissing the petition outright.
In view of the misuse of court process, the Court imposed a cost of Rs. 25,000 on the petitioner, to be paid to the District Legal Service Authority, Mysuru. The judgment further stipulated that if the cost was not paid, the Authority was empowered to recover it as if it were a decree of a civil court.
This ruling underscores the judiciary's approach to safeguarding the investigative process in cases concerning caste-based offences under the SC/ST (Prevention of Atrocities) Act and the new Bharatiya Nyaya Sanhita, ensuring that frivolous petitions do not impede the course of justice.
Bottom Line:
Petition to quash charge sheet under Bharatiya Nyaya Sanhita, 2023 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 dismissed on the ground of lack of merit and abuse of court process. Costs imposed on the petitioner.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 352, 238, 241, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3(1)(r)(s)(u)
Mahesha K C @ Mahesh Gowda v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 3017463
