Karnataka High Court Refuses To Quash FIR Registered Against Kannada Actor Chetan Kumar For Allegedly 'Hurting' Hindu Sentiments

The Karnataka High Court has dismissed a petition filed by Kannada actor Chetan A. Kumar for quashing of an FIR lodged against him under Section 505(2) of the Indian Penal Code, on charges of allegedly making statements which promote enmity, hatred or ill-will between different sections of the Society.Justice M I Arun said whether the statements made by Kumar amount to an offence as contemplated under Section 505(2) of IPC or not, is a subject matter of investigation. "It is needless to state that the first respondent - Police will not mechanically file a charge sheet without due investigation. The petitioner under the circumstances is always at liberty to move the appropriate Court for obtaining the necessary bail and the same shall be considered by the concerned Court in accordance with law," the court said.The court added as the matter is still under investigation, it is not possible for it to decide as to whether the allegations made against the petitioner constitute an offence as contemplated under Section 505(2) of IPC."It is needless to state that if the first respondent - Police decides to file a charge sheet against the petitioner after completion of investigation, the petitioner is always at liberty to move this Court in accordance with law," it added.A Bengaluru resident Shivakumar had filed a complaint in October before Sheshadripuram police station against the actor alleging that he gave statements which "hurt the sentiments of the Hindu religion" which can disturb the peace in the society. Challenging the registration of FIR against him, Kumar in the plea said he has not uttered any statement which would create or promote enmity, hatred or ill-will between the persons of the Society. "He has merely expressed his opinion regarding the Tribal deity worship not being a part of Hindu religion and that it is a fair comment and is academic in nature and cannot be considered as promoting any enmity, hatred or ill-will between the persons in the Society and does not constitute an offence as contemplated under Section 505(2) of IPC," his counsel told the court/ The prosecution opposed the plea saying that whether he has made a statement which would promote enmity, hatred or ill-will between the persons of the Society, is a matter of investigation and only upon seizing of the relevant material, the police will be able to determine whether the petitioner has committed such an offence. It also called the petition premature. Case Title: Chethan A. Kumar v. State of Karnataka Case No: Criminal Petition no. 10651 of 2022 Citation: 2022 LiveLaw (Kar) 503 Date of Order: 23rd day of November, 2022 Appearance: S. Balakrishnan, Advocate for petitioner. Rahul Rai K, HCGP for R.1. Click Here To Read/Download Order

Karnataka High Court Refuses To Quash FIR Registered Against Kannada Actor Chetan Kumar For Allegedly 'Hurting' Hindu Sentiments

Mustafa Plumber

Tags