Karnataka High Court stays case against H D Kumaraswamy over ‘offensive remarks on D K Suresh’

Bengaluru: The High Court on Thursday stayed further proceedings against Union Minister H D Kumaraswamy in an election offence case registered during the 2024 Lok Sabha polls. 

Justice S Sunil Dutt Yadav passed this interim order and posted the matter to the third week of January for further consideration. 

The FIR was registered on April 19, 2024, alleging that the former chief minister had made certain disparaging remarks against former MP D K Suresh, while campaigning for the BJP-JD(S) candidate at Gubbi in Tumakuru district. 

The petitioner claimed that the FIR was based on a report published in a newspaper about the statement made by Kumaraswamy on April 16. 

On September 13, 2024, police had submitted a ‘B’ closure report and the magistrate directed for initiating action against the complainant, D H Mahesh, a member of the flying squad. Subsequently, Mahesh submitted a protest petition against the ‘B’ report and the matter was ordered for re-investigation.

According to the petitioner, though again ‘B’ report was filed on July 25, 2025, the special court rejected the same and took cognizance for offences under IPC section 171G and directed Kumaraswamy to appear on December 6, 2025. 

The petition said despite the material on record, including statements of witnesses categorically confirming that he never mentioned the name of D K Suresh, who was a candidate from the Bangalore Rural parliamentary constituency, during the media interaction, and despite ‘B’ reports filed on two occasions, the special court acted mechanically. 

“The impugned order further demonstrates that cognizance has been taken primarily based on a newspaper report dated April 14, 2024, which the magistrate expressly acknowledges to be based on a wrong impression. Reliance on a newspaper report - especially one admitted being erroneous - to infer criminal liability is wholly impermissible in law,” the petition said.