The High Court of Karnataka refused to interfere with the criminal case registered against Kannada actor Chetan A. Kumar for allegedly hurting religious sentiments by his remarks on ‘Boota Kola’ made on social media.
Justice M.I. Arum passed the order while dismissing the petition filed by Mr. Chetan, who had questioned legality of registration of a First Information Report under Section 505(2) (statements creating or promoting enmity, hatred or ill-will between classes) of the Indian Penal Code.
It was claimed in the petition that he had not uttered any statement which would create or promote enmity, hatred or ill-will between the persons of the society.
It was contended that the petitioner had merely expressed his opinion that ‘Boota Kola’ was not a part of Hinduism and this remark is a fair comment and is academic in nature and cannot be considered an offence under the IPC.
Mr. Chetan had made the comment following depiction of ‘Boota Kola’ in the film Kantara.
As the matter is still under investigation, it is not possible for this court to decide as to whether the allegations made against the petitioner constitutes an offence as contemplated under Section 505(2) of IPC, the court said while refusing to interfere with the investigation.
However, the court said that the petitioner has the liberty to move the appropriate court to seek necessary bail. And if the police decide to file chargesheet against him, then the petitioner always has the liberty to move the High Court as per the law, the court said.
