Karnataka BJP MLA Basanagouda Patil Yatnal
Credit: DH Photo
Bengaluru: The Karnataka High Court has quashed the proceedings against Basanagouda Patil Yatnal, BJP MLA from Vijayapura constituency, in a case under section 192 of the BNS, punishment to a person who wantonly gives provocation with an intent to cause riot. Justice M Nagaprasanna observed that the crime was registered for the heck of registration.
The Gandhi Nagar police in Davanagere had registered the crime based on the complaint filed by R Manohar, General Secretary of Karnataka Pradesh Congress Committee (KPCC). The complainant alleged that on September 29, 2024, Yatnal had addressed a press meet, after a meeting with other leaders, and made a statement that a Congress leader had collected Rs 1,000 crore to purchase other MLAs and bring down the present state government. According to the complaint, the statement was capable of bringing communal disharmony between two religious entities.
It was contended on behalf of Yatnal that the statement nowhere indicated or indicative of any particular person and the same does not meet the ingredients of section 192 of the BNS, which is section 153 of the earlier regime - IPC. On the other hand, the special public prosecutor defended the registration of the crime while admitting that the ingredients of section 192 of the BNS are not met.
The court noted that the section 192 of the BNS deals with punishment to a person who wantonly gives provocation with an intent to cause riot.
“I fail to understand where from the statement would meet the ingredients of wanton, malignant and provocation to cause a riot. Therefore, the crime is registered for the heck of registration. Permitting further investigation into such crimes without it having any of the ingredients, will be permitting a reckless registration of the crime to be investigated into. Complaint not meeting the ingredients of the offence alleged and the judgment of the Supreme court in State of Haryana vs Bhajan Lal case, if further proceedings are permitted to be continued, it would become an abuse of the process of the law and result in miscarriage of justice,” the court said.