Click the Play button to listen to article

The Karnataka High Court has granted an interim stay on criminal proceedings against Hindu activist Satish Pujari and ten others in a case concerning a flex banner allegedly depicting Chhatrapati Shivaji Maharaj killing General Afzal Khan, which was put up during a Ganesha festival gathering in Davanagere.

The single judge bench of Justice M Nagaprasanna, after briefly hearing Advocate Girish Bharadwaj appearing for the petitioners, granted an interim stay on August 16[Monday] in the matter till the next date of hearing.

According to the prosecution, the petitioners installed a Ganesha idol and put up a flex banner depicting Chhatrapati Shivaji Maharaj slaying Afzal Khan. The prosecution alleged that the petitioners did not obtain permission from the local authorities through 'single window system' for putting up the hoarding.

The prosecution further alleged that Satish Pujari made a provocative speech over the denial of permission to play a DJ. The speech allegedly provoked the gathering, led to the blockade of public roads and created communal tension.

The petitioners, however, argued that the banner depicted a historical event and that the prosecution was mala fide.

The case stems from an incident on August 28 and 29, 2025, during the Ganesha Chaturthi festival near the Maradi Basaveshwara Temple in Davanagere. Pujari, a functionary of the Hindu Jagarana Vedike, and the other accused were booked by the RMC Yard Police Station.

Subsequently, the Additional Civil Judge and JMFC, Davanagere, took cognizance of offences on March 17, 2026, under Sections 353(2) (promoting enmity between different groups), 189(2) (unlawful assembly), 191(2) (rioting), 292 (public nuisance) and 132 (assault or criminal force to deter a public servant from discharge of duty), read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, along with Section 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981.

Aggrieved, the petitioners approached the High Court.

They contended, among other things, that cognizance of the offence under Section 353(2) BNS was void ab initio for want of prior sanction under Section 217(2) of the Bharatiya Nagarik Suraksha Sanhita.

They also argued that the banner depicted an actual historical event—the 1659 battle at Pratapgad involving Shivaji and Afzal Khan—and could not be treated as a rumour or an untrue occurrence. The petitioners further contended that the depiction was protected under the exceptions to Section 353 BNS and Article 19(1)(a) of the Constitution.

The plea also questioned the allegations relating to assault on or use of criminal force against public servants and rioting, contending that the charge-sheet did not allege the use of criminal force against the police or any use of force or violence by the gathering. It is argued that a refusal to remove the banner erected or verbal objections by the petitioners do not amount to assault or criminal force.

Regarding the allegation of disfigurement of a public place, the petitioners pointed out that the investigating agency had removed the original banner and installed another flex banner at the same location, which, according to them, demonstrated the mala fides and arbitrariness of the prosecution.

The proprietor of the flex printing shop, arraigned as accused No. 11, also contended that he had printed the banner in the ordinary course of business and lacked the requisite mens rea for the offences alleged.

Case Title: Satish Pujari & Ors v. State of Karnataka & Ors

Case No: CRL.P 12149/2026

Tags: