Published Aug 29, 2026 | 10:29 AM ⚊ Updated Aug 29, 2026 | 10:29 AM
Karnataka High Court. (Anusha Ravi Sood/South First)
Synopsis: The Court has also directed the Deputy Commissioner of Police (DCP), Assistant Commissioner of Police (ACP), and the officers concerned (who allegedly took the activist into custody from Udupi) to remain present in Court on Saturday, 29 August, at 2:30 p.m.
Karnataka High Court on Friday, 28 August, criticised the Whitefield Police for what it termed a recurring pattern of illegal arrests by the Station, by allegedly misusing the provision under Section 35(3) BNSS.
According to Livelaw, the single judge bench of Justice M.Nagaprasanna, heard the petition filed by Hindu activist Mohan Gowda challenging the registration of an FIR and his arrest for social media posts celebrating the cancellation of comedian Kunal Kamra’s show at Whitefield.
The court in its order noted: “…the police constable attached to Whitefield Police Station is said to have travelled to Udupi to take the petitioner into custody and bring him in to the station and make him sit in there, all for offences under 353(2) of BNS and 217. The Section 35(3) BNSS notice is said to have handed over to the petitioner a little away from Whitefield Police Station, after securing him, taking him into custody and bringing him there.”
“The Section 35(3 ) BNSS notice issued is indicative of the fact that the petitioner should appear before the police in the next 3 days but he is already in the custody of police. A notice indicating later date of appearance appears to have been used to take the petitioner into custody 3 days prior to the fixed date itself…. Whitefield police station appears to have been violating the law time and again as this court has repeatedly seen its violations of law. This has been the modus operandi of policemen who man the Whitefield police station as this court is coming across these cases time and again.”, the court noted in the order.
Further, the court granted an interim stay on the crime registered for offences under Section 217 (giving false information) and 353(2) (statements causing public mischief, spreading rumours, or inciting communities) of BNS, 2023.
It has also directed the Deputy Commissioner of Police (DCP), Assistant Commissioner of Police (ACP), and the officers concerned (who allegedly took the activist into custody from Udupi) to remain present in Court on Saturday, 29 August, at 2:30 p.m.
“…The DCP, ACP, and the police sub inspector who has indulged in this act should be present before the court at 2:30 p.m. tomorrow. In the event the DCP and ACP is not present, this court would be constrained to summon the Commissioner of Police, Bengaluru to set the house in order…”, the court underscored according to Livelaw.
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