Actor Upendra booked in 2 cases of atrocities; Karnataka High Court stays proceedings

Upendra had deleted the controversial live video, and even apologised, but a Social Welfare Department official filed a police complaint.

ByBellie Thomas

Published Aug 14, 2023 | 9:57 PMUpdatedAug 15, 2023 | 4:46 AM

Actor Upendra

Two First Information Reports (FIRs) have been filed against popular Sandalwood actor Upendra for the alleged casteist remarks he made on Saturday, 12 August, during a Facebook and Instagram live video commemorating the anniversary of his political outfit Prajaakeeya.

The first FIR was registered at the Chennamanakere (CK) Achukattu Police Station on Sunday, 13 August, based on a complaint lodged by Madhusudhan KN, an assistant director with the state’s Social Welfare Department.

Even though the Kannada actor deleted the live video post on Saturday and also apologised for his remarks, community members armed with the screen-recording of the video approached the Social Welfare Department and complained.

Meanwhile, a second FIR was registered against the actor late on Sunday with the Halasuru Gate Police Station based on a complaint from Byrappa Harish Kumar, the state president of the scheduled castes and tribes outfit Karnataka Ranadheera Pad.

Though the Halasuru Gate police convinced him that only one FIR could be registered for an offence, Kumar was adamant and forced the cops to register an FIR on his behalf.

A senior police officer from the Halasuru Gate Police Station told South First the second FIR registered would be forwarded to the CK Achukattu police station where an Assistant Commissioner of Police (ACP) will conduct an inquiry into the case.

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The remarks

According to the police, Upendra was addressing his fans and followers through a Facebook and Instagram live video on Saturday on the occasion of the anniversary of his self-founded political party Prajaakeeya.

During the live video, the actor was trolled with reactions in his comments section from a certain group of netizens.

To this, Upendra stated that if there was a particular human settlement, then there was also a section of people other than those from the mainstream. In doing so, he appeared to refer to people from Scheduled Castes.

This statement was picked up on by several netizens, who trolled the actor over it on Saturday.

Upendra deleted the live video from his social media accounts on Saturday itself, and apologised.

“During Facebook and Instagram live, a sentence was used by slip of tongue. As soon as I got to know it had hurt the sentiments of the people, I deleted the live video from my social media accounts. And I apologise for the statement,” he posted on Facebook.

However, the matter was escalated with the social welfare department after which a formal complaint was lodged with the CK Achukattu police on Sunday.

Bengaluru South Deputy Commissioner of Police (DCP) P Krishnakant said a case had been registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and further investigation was on. He added that necessary action would be taken in accordance with law.

“An atrocity case has been registered in Chennammanakere Achukattu Police Station limits. The case has been registered under section 3(1)(r)(s) of the Act. It is based on a complaint that the accused actor had made a statement on social media which hurt public sentiments,” the DCP told reporters.

The accused clarified that his statement was not intentional and posted the clarification on Facebook, but an FIR was registered and an investigation would be conducted as several complaints had been received, he added.

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The aftermath

Witnessing the backlash the actor garnered within a day, Upendra brought up several of his hardships from childhood.

“Many people who are speaking against me today were not even born then. 50 years ago, what kind of environment did I grow up in my childhood..,” he said in the tweet.

He recalled the brutal poverty he saw then, suicides, hunger, humiliation, and oppression he experienced back then.

“Having grown up with this, will I speak insultingly about a class of people today? Am I crazy(?) What is the reason for that? What is the benefit I get from it? Don’t you have the courage to accept forgiveness? Why so much hate?” he continued.

Meanwhile, rumours were doing rounds on Monday, 14 August, that since the sections under which the actor had booked were non-bailable, he had switched off his mobile and had gone into hiding fearing arrest.

Police sources said that a team of cops had gone to the actor’s house for a spot mahajar (inspection) and also to issue a notice to him to appear before the ACP who would be probing the case.

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Upendra approaches high court

In a petition in the high court, Upendra’s counsel Uday Holla stated that the actor had been receiving encomiums and appreciation and also criticism during the Facebook Live session.

In this connection, on 12 August, he informed the people that criticisms were a part of life and used a proverb in Kannada “Oorendare Holageri Iruthe“.

It had nothing to do with Dalits and there was no intention to insult people belonging to Scheduled castes or Scheduled tribes, submitted counsel.

He added, “It is a proverb which is generally used to state that criticism is bound to be generally there and one need not be unduly perturbed. It has nothing to do with insulting Dalits or people belonging to SCs or STs. And very significantly, there is a place called Holageri in the Shivamogga district. There are also many people with the surname Holageri.”

Holla later said that the court on Monday heard the actor’s petition and stayed the proceedings pursuant to the complaint lodged and the FIRs registered by the police.

“Pending disposal of the above petition, this Hon’ble Court may be pleased to stay the operation and all further proceedings pursuant to the complaint lodged by the second respondent with the first respondent, the FIR no. 241/2023 issued by the Assistant Commissioner of Police, VV Puram sub-division,” the interim prayer stated.