The Karnataka High Court dismissed a petition filed by BJP Member of Legislative Council (MLC) Adaguru H. Vishwanath, seeking to quash the criminal proceedings initiated against him in a defamation case filed by the State Transport Minister, BS Suresh.

Justice Anant Ramanath Hegde said that whether the alleged statements were made in good faith, or if they lowered the minister's reputation, are maters to be determined at the time of trial.

“In the instant case, since the petitioner has not disputed the statements allegedly made in the press conference. The Court is of the view that as to whether the statements were made in good faith, whether the statements fall under the exceptions and whether the statements have actually lowered the reputation of the complainant/respondent, are the matters that have to be considered at the time of trial,” the High Court said.

The case arose from a press conference held by the petitioner, Adaguru H. Vishwanath, on July 5, 2024 and July 9, 2024.

During the conference— which concerned the suspension of two officials in the Mysore Urban Development Authority (MUDA) scam— the petitioner said that the minister, who held the urban development portfolio at the time, allegedly “fixed certain amount as a bribe for the conversion of land use” and that the “the work which is required to be done in the office of MUDA is done in the antechamber of the concerned Minister.” The minister subsequently filed a complaint alleging that the statements made by the petitioner were defamatory.

Vishwanath then filed a petition seeking to quash the criminal case. He said that the statements were not defamatory and fell under Exception 8 to Section 356 of the Bhartiya Nyaya Sanhita, which exempts statements made in good faith. Thus, he argued that the Trial Court could not have taken cognizance.

On the other hand, the complainant examined three witnesses to demonstrate that his reputation had dropped in the estimation of the public following the publication of the petitioner's statements.

After hearing the contentions of both parties and perusing the records placed before it, the High Court dismissed the petition.

The Court, however, added that it had not expressed any opinion on the merits of the allegations and said, “All observations made in this order are only confined to the merits of the petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This Court has not expressed any opinion on the merits of the case. All contentions of the parties are left open.”

Case: ADAGURU H. VISHWANATH VS B.S. SURESHA

CRIMINAL PETITION NO. 14685 OF 2025

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