Karnataka High Court

S N Suresh Babu vs T Gururaj on 3 November, 2025

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                                                      CRL.A No. 1094 of 2013


                   HC-KAR




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 3RD DAY OF NOVEMBER, 2025

                                           BEFORE

                             THE HON'BLE MR. JUSTICE S RACHAIAH

                             CRIMINAL APPEAL NO. 1094 OF 2013 (A)

                   BETWEEN:

                   S.N.SURESH BABU
                   S/O LATE NARASEGOWDA
                   AGED ABOUT 59 YEARS,
                   PRESENTLY WORKING AS
                   DEPUTY SUPERINTENDENT OF POLICE,
                   CHAMARAJNAGAR - 571 313.                  ... APPELLANT


                   (BY SRI. CHETHAN B., ADVOCATE, AND
                       SRI. SYED AMJAD, ADVOCATE)

Digitally signed
                   AND:
by SAMREEN
AYUB
DESHNUR
Location: HIGH
COURT OF           T.GURURAJ
KARNATAKA,
DHARWAD
BENCH
                   S/O THIMMEGOWDA
                   AGED ABOUT 50 YEARS,
                   EDITOR,
                   HELLO MYSORE NEWS PAPER
                   NARAYANASHASTRI
                   MYSORE - 570 001.
                                                              ...RESPONDENT
                   (BY SRI. SHANKARAPPA, ADVOCATE)
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                                              NC: 2025:KHC:45163
                                          CRL.A No. 1094 of 2013


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     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) CR.P.C., PRAYING TO, SET ASIDE THE JUDGMENT
DATED 30.09.2013 PASSED BY THE JMFC-III, MYSORE IN
C.C.NO.1512/2007 ACQUITTING THE RESPONDENT/ACCUSED
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 500 AND
501 OF IPC AND ETC.,.


     THIS CRIMINAL APPEAL HAVING BEEN HEARD AND
RESERVED      ON   04.07.2025       AND     COMING     ON     FOR
PRONOUNCEMENT OF JUDGMENT, THE COURT DELIVERED THE
FOLLOWING:



CORAM: HON'BLE MR. JUSTICE S RACHAIAH


                        CAV JUDGMENT

1. The appellant being the complainant, has preferred this

appeal against the judgment of acquittal dated

30.09.2013 in C.C.No.1512/2007 on the file of the JMFC-

III at Mysuru, wherein the respondent was acquitted for

the offences punishable under Sections 500 and 501 of

Indian Penal Code (for short "IPC").

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2. The ranking of the parties in the Trial Court, henceforth,

will be considered as per their rankings in the Court for

convenience.

Brief facts of the case:

3. The appellant is a police officer and he was working as

the Circle Inspector of Police at K.R. Police Station at

Mysuru. He was entrusted the work of executing the

warrant against the respondent in C.C.No.265/2003. The

appellant, as a part of his official duty, arrested the

respondent / accused and sent him to the concerned

Court. The respondent, being annoyed about his arrest,

intended to take vengeance against the appellant /

complainant, had published defamatory articles in the

Eveninger namely "HELLO MYSORE" on 03.08.2004.

Subsequently, again, he made certain allegations against

the appellant, which made him to suffer in the eyes of

family members and relatives and also public at large.

Therefore, a complaint came to be registered against the

accused before the Jurisdictional Magistrate.

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4. To prove the case of the complainant, the complainant

examined himself as P.W.1 and got examined other three

witnesses as PWs.2 to 4 and got marked seven

documents as Exhibits P1 to P7. The Trial Court after

appreciating the oral and documentary evidence on

record, recorded the acquittal.

5. Heard Sri Chethan B and Sri Syed Amjad, learned

counsels for the appellant and Sri Shankarappa, learned

counsel for the respondent.

6. It is the submission of learned counsel for the appellant

that the judgment of acquittal passed by the Trial Court

is perverse, illegal and erroneous. Therefore, the same is

liable to be set aside as it is against to the evidence on

record.

7. It is further submitted that the manner in which the Trial

Court arrived at a conclusion is erroneous for the reason

that, the Trial Court assessed the evidence in such a

manner that the details of the persons / public spoken

about the defamatory words were not forthcoming in the

evidence. The Trial Court ought to have considered the

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publication itself. Instead of considering the publication,

asking the individual who got hurt by such publications is

erroneous and untenable.

8. It is further submitted that the respondent made reckless

and baseless allegations, which are considered as

defamatory. However, the Trial Court failed to take note

of the said facts and also failed to appreciate the evidence

properly, resulted in passing the impugned judgment,

which is liable to be set aside. Making such submissions,

learned counsel for the appellant prays to allow the

appeal.

9. Per contra learned counsel for the respondent,

vehemently, justified the judgment of acquittal passed by

the Trial Court and further, he submitted that the

publications published in the magazine owned by the

respondent did not contain any defamatory words. In

fact, it is the message given to the erring officer to set

right the system, in the interest of public.

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10. It is further submitted that, when the statement is made

which causes public good, that cannot be considered as

defamatory sentence. Therefore, the ingredients of the

provisions are not applicable to the given set of facts and

circumstances. Hence, the appeal deserves to be

dismissed. Making such submissions, learned counsel for

the respondent prays to dismiss the petition.

11. Having heard learned counsels for the respective parties

and also perused the findings of the Trial Court in

recording the acquittal, now, it is relevant to have a look

upon the evidence for the purpose of re-appreciation.

12. Before adverting to the facts of the case, it is necessary

to refer the definition of "defamation" mentioned under

Section 499 of IPC, which reads as under:

499. Defamation. Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

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13. The said provision contains four explanations. The said

explanations are reproduced for better understanding.

Explanation 1-It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2-It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3-An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation 4-No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.

Illustrations

(a) A says "Z is an honest man, he never stole B's watch"; intending to cause it to be

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believed that Z did steal B's watch. This is defamation, unless it fall within one of the exceptions.

(b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's watch. This is defamation unless it fall within one of the exceptions.

(c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is defamation, unless it fall within one of the exceptions.

14. The above said provision contains ten exceptions.

First Exception. Imputation of truth which public good requires to be made or published.-It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.

Second Exception.-Public conduct of public servants. It is not defamation to express in a good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.

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Third Exception. - Conduct of any person touching any public question. - It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.

Illustration

It is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending a such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharges of the duties of which the public is interested.

Fourth Exception. Publication of reports of proceedings of Courts. It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

Explanation. A Justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.

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Fifth Exception. Merits of case decided in Court or conduct of witnesses and others concerned. It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.

Illustrations

(a) A says "I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest". A is within this exception if he says this is in good faith, in as much as the opinion which he expresses respects Z's character as it appears in Z's conduct as a witness, and no further.

(b) But if A says "I do not believe what Z asserted at that trial because I know him to be a man without veracity"; A is not within this exception, in as much as the opinion which he expresses of Z's character, is an opinion not founded on Z's conduct as a witness.

Sixth Exception. Merits of public performance. It is not defamation to express in good faith any opinion respecting the merits of any performance which its author

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has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.

Explanation. A performance may be substituted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.

Illustrations

(a) A person who publishes a book, submits that book to the judgment of the public.

(b) A person who makes a speech in public, submits that speech to the judgment of the public.

(d) A says of a book published by Z-"Z's book is foolish; Z must be a weak man. Z's book is indecent; Z must be a man of impure mind". A is within the exception, if he says this in good faith, in as much as the opinion which he expresses of Z respects Z's character only so far as it appears in Z's book, and no further.

(e) But if A says "I am not surprised that Z's book is foolish and indecent, for he is a weak man and a libertine". A is not within this

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exception, in as much as the opinion which he expresses of Z's character is an opinion not founded on Z's book.

Seventh Exception. Censure passed in good faith by person having lawful authority over another. It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.

Illustration

A Judge censuring in good faith the conduct of a witness, or of an officer of the Court, a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a school-master, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service, a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier - are within this exception.

Eighth Exception. Accusation preferred in good faith to authorised person. It is not defamation to prefer in good faith an accusation against any person to any of those

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who have lawful authority over that person with respect to the subject-matter of accusation.

Illustration

If A in good faith accuse Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z's master, if A in good faith complains of the conduct of Z, a child, to Z's father-A is within this exception.

Ninth Exception. Imputation made in good faith by person for protection of his or other's interests. - It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.

Illustrations

(a) A, a shopkeeper, says to B, who manages his business-"Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty". A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.

(b) A, a Magistrate, in making a report of his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public, good, A is within the exception.

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Tenth Exception. Caution intended for good of person to whom conveyed or for public good. - It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.

Imputation without publication In section 499 the words 'makes or publishes any imputation' should be interpreted as words supplementing to each other. A maker of imputation without publication is not liable to be punished under that section; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) 7 Supreme Today

127.

15. If, any statements are published or spoken any

imputation concerning any person intending to harm or

knowing or having reason to believe that such imputation

will harm the reputation of such person, it is said that, it

is expected to defame that person.

16. In the present case, the evidence of P.W.1 would indicate

that, he was working as Police Inspector at K.R. Police

Station from 15.03.2004 to 16.06.2006. During his

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tenure, he had discharged his official duty efficiently and

effectively, without any remarks. Such being the fact, the

respondent had published defamatory words stating that,

the appellant was receiving bribe and allowing the

persons to play single number lottery. Further, it is

published that, the appellant was receiving the amount

illegally from the parking agents by allowing them to park

the vehicles near Chamundi Hill. The said statements

published in the paper belonging to the respondent were

denied and no action was initiated by the higher

authorities on the said issues.

17. The position of law is well settled that, once the

publication is proved to be defamatory in nature, the

burden would be shifted to the person in whose

publications such statements are published to prove that

it was published in the interest of the public.

18. In the present case, there are several publications

marked in this case as Ex.P4, wherein, it indicates that

illegal activities were being held within the jurisdiction of

KR Police station, Mysuru, at the instigation of the Police

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Inspector. It is further elaborated in the said publication

that, the appellant herein was allowing to run a club to

play the playing cards, allowing to run prostitution and

also sell the adulterated kerosene and play the single

number lottery etc.,

19. When such allegations are made against an officer and

failed to prove any one of such allegations by producing

any complaints by the public, amounts to defamation.

However, the Trial Court has failed to appreciate the

evidence properly. To attract the ingredients of the

above said provisions, it is necessary to prove that, the

respondent had produced defamatory articles.

20. On careful reading of the evidence of both oral and

documentary on record, it appears that, the respondent

has published the words or statements in his newspaper

which cause or harm the reputation of the appellant.

Making baseless allegations to defame the dignity of

individual, certainly, would amount to defamation.

Hence, the findings of the Trial Court are liable to be set

aside.

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21. In the light of the observations made above, I proceed to

pass the following:

ORDER

i) Accordingly, the Criminal Appeal is allowed.

ii) The judgment dated 30.09.2013 passed in

C.C.No.1512/2007 on the file of JMFC-III, Mysuru, is

hereby, set aside.

iii) The respondent is convicted for the offence punishable

under Section 500 of IPC and he is sentenced to undergo

simple imprisonment for a period of six months and to

pay a fine of Rs.2,000/-(Rupees Two thousand only), in

default, he shall undergo further simple imprisonment for

a period of one month.

iv) Further, the respondent is convicted for the offence

punishable under Section 501 of IPC and he is sentenced

to undergo simple imprisonment for a period of six

months and to pay a fine of Rs.2,000/-(Rupees Two

thousand only), in default, he shall undergo further

simple imprisonment for a period of one month.