Karnataka High Court Stays FIR Against Union Minister HD Kumaraswamy For Making 'False Statement' During 2024 General Election Campaign
The Karnataka High Court has stayed all further proceedings in a case registered against Union Minister H D Kumaraswamy for allegedly making false statements during the 2024 General Election campaign.
As per the FIR, the Janata Dal (Secular) leader, while campaigning for BJP's C Sommanna, referred to a person (purportedly Sommanna's opponent) as a disciple of gangster Kotwal Ramachandra. Kumaraswamy allegedly said how can such a person safeguard the interests of the State and the nation.
The speech was made on April 14, 2024 and was published in a local daily the next day, whereas the Model Code of Conduct had come into force on March 16, 2024.
Following this, a FIR was registered against Kumaraswamy under Sections 171G (False statement in connection with an election) IPC and Section 123(4) (Corrupt Practices) of the Representation of People Act.
Justice S Sunil Dutt Yadav on Thursday (December 04) heard Kumaraswamy's challenge to a Magistrate Court order taking cognizance of the offences and said,
“The matter requires consideration. There would be a stay of further proceedings pending on the file of 42nd ACJM at Bengaluru. Interim order will be in force till the next date. List the matter in the third week of January.”
Significant to note that after investigation, the Police had filed a B report (cancellation report) in the matter. Subsequently however, a further investigation report was filed and the Trial Court "unilaterally" proceeded to reject the B Report and take cognizance against Kumaraswamy for the offence under IPC.
On November 15, 2025, summons were issued to Kumaraswamy, prompting him to move the High Court.
The JD(S) leader's counsel today argued that the order taking cognizance despite filing of B report shows complete non application of mind by the Magistrate court. "The information/complaint was on the basis of reports in the newspapers and the Section 161 statements of those reporters who published the report also denied that the accused had taken the name of the candidate," he submitted.
Following which the Court issued notice to the State and concerned flying squad member, and passed the interim order.
Case title: H D Kumaraswamy AND State of Karnataka & ANR
Case No: WP 36338/2025
Appearance: Advocate. Nishanth A.V for petitioner.
ASPP B Jagadeesh for Respondent No. 1.