Karnataka HC declines to quash FIR against actor Chetan

BENGALURU: The Karnataka High Court declined to quash the FIR against social activist and actor Chetan A Kumar on a complaint registered over his tweet on the worship of a tribal deity depicted in blockbuster ‘Kantara’, at Sheshadripuram police station here. 

“Allegations are made against the petitioner as having made statements amounting to the commission of an offence under Section 505(2) (hurting religious sentiments) of IPC. Whether the statements made by him amount to an offence as contemplated under the said provision of IPC or not, is a subject matter of investigation,” said Justice MI Arun, while dismissing Chethan’s petition.

Challenging the crime registered by one Shivakumar, Chethan contended that he has not uttered any statement which would create or promote enmity, hatred or ill-will in society. He has merely expressed his opinion regarding worship of the tribal deity not being a part of the Hindu religion and that it is a fair comment and is academic in nature. Hence, it does not constitute an offence as contemplated under Section 505(2) of IPC, he pleaded.

In counter, Government Pleader K Rahul Rai contended that the allegations against the petitioner are a matter of investigation and only upon seizing relevant material, the police will be able to determine whether the latter has committed such an offence and a chargesheet will be filed only upon investigation. Therefore, the petition filed by the petitioner is premature, he argued.     

The court observed that the police will not mechanically file a chargesheet 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 the law.

As the matter is still under investigation, this court can’t decide whether the allegations made against the petitioner constitute an offence. It is also needless to state that if the police decide to file a chargesheet against the petitioner after the completion of the investigation, the petitioner is always at liberty to move this court in accordance with law, the HC added.