Karnataka High Court Quashes Case Over Social Media Post Linking Rahul Gandhi With Pakistani Army Officer

Justice M Nagaprasanna allowed the petition filed by G.Nagesh alias Rajesha Hirimane and quashed proceedings initiated against him under Section 353 (2) of the Bharatiya Nyay Sanhita.

Section 352 (2) punishes Statements conducing to public mischief

The prosecution alleged that Nagesh had on 20-05-2025 shared a poster depicting one half of the face of Rahul Gandhi, leader of the opposition and the other half of the face of an officer wearing the military uniform of Pakistan Army bearing the nameplate 'ASIM' with tagline 'one agenda'.

The Deputy Commissioner of Shivamaoga district registered the complaint with the police alleging that the poster shared by the petitioner was capable of generating enmity, hatred and ill-will among communities and regional groups.

The police registered a case for offences under section 353(2) BNS and after investigation filed a chargesheet against Nagesh. Seeking quashing of the proceedings, the petitioner argued that he is not the creator of the image and he has only shared it on social media.

The prosecution opposed the plea contending that the petitioner is prima facie guilty of promoting ill-will amongst communities. Therefore, it is for the petitioner to come out clean in a full-blown trial.

The bench referred to the Apex Court judgment in the case of Imran Pratapgadhi Versus State Of Gujarat (2025) and said permitting further trial in the case at hand would become an abuse of the process of law and result in miscarriage of justice.

Appearance: Senior Advocate M.Aruna Shyam a/w Advocate Suyog Herele E for Petitioner.

SPP B N Jagadeesha for Respondent.