NASEERUDDIN Vs. STATE

JUDGEMENT

(1.) Petitioners are sought to be prosecuted for the offences punishable under Ss. 153A, 120-B and Sec. 3 of the Karnataka Open Places and Disfigurement Act.

(2.) The case of the prosecution is that the petitioners along with other accused pasted some posters in English and Kannada on the Sugarcane milk machine which allegedly contained the following provocative remarks:

(3.) Learned counsel for the petitioners submits that even accepting the allegations made on the face of it does not satisfy the essential elements to constitute the commission of offence under Sec. 153A of IPC, since the derogatory remarks made by the petitioners has not resulted in promoting or attempting to promote enemity between two separate groups or communities. He further submits that, on identical allegations, the jurisdictional revisional Court in has acquitted the accused therein on the ground that, the allegations against accused therein does not satisfy the elements to constitute commission of offence under Sec. 153A of IPC and the said judgment of acquittal has attained finality.