The High Court of Karnataka on Thursday stayed the cognisance of offence taken by a magistrate court in Bengaluru against Union Minister H.D. Kumaraswamy in connection with a criminal case booked against him by the flying squad for allegedly making a ‘false statement’ about a candidate of Bengaluru Rural constituency during campaigning for Lok Sabha elections in April last year.
Justice S. Sunil Dutt Yadav passed the interim order staying the November 15 order of taking cognisance of offence taken by the special court of magistrate for criminal cases against present and former MPs and MLAs, and all further proceedings against Mr. Kumaraswamy.
The flying squad had lodged a complaint alleging violation of model code of conduct citing a newspaper report, which had published an alleged statement made by Mr. Kumaraswamy about some persons linked to Kotwal Ramachandra, who was a gangster.
The police had filed “B” report, but the special court did not accept it and had ordered further investigation. Though the police again filed “B” report indicating that no material found for commission of offence as alleged in the complaint, the special court rejected it and took cognisance of offence against Mr. Kumaraswamy under Section 171G (False statement in connection with an election) of Indian Penal Code and Section 123(4) (corrupt practices) of the Representation of People Act.
It has been contended in the petition that order of taking cognisance was mechanical, devoid of legal foundation and contrary to the mandate of law as the petitioner had not named any individuals in his alleged statements.
Published – December 04, 2025 07:57 pm IST
