Karnataka court orders probe against Minister KS Eshwarappa for alleged communal hate speech

A Special Court in Bengaluru on Wednesday ordered the police to investigate a complaint against Karnataka Rural Development and Panchayat Raj Minister KS Eshwarappa and another for alleged communal hate speech made after the murder of a Bajrang Dal member, Harsha [Riyaz Ahamed v. KS Eshwarappa and Anr].Additional Chief Metropolitan Magistrate Preeth J referred the complaint to the police in Shivamogga for investigation, directing them to submit a report by May 5. "This Complaint is referred to SHO of Doddapete Police Station, Shivamogga under section 156(3) of C.r.P.C for investigation."The Special Court constituted to hear cases against Members of Parliament and Members of Legislative Assembly, noted that the complainant in question had complied with the procedure under Section 156(3) (magistrate's power to order investigation of cognizable offences) of the Criminal Procedure (CrPC). The judge noted that the complainant had produced documents in compliance with Section 154 (information in cognisable cases) of the CrPC, and had filed an affidavit with complaint averments..The private complaint was filed under Section 200 (examination of complainant) of the Code of Criminal Procedure (CrPC), alleging that KS Eshwarappa and another, committed offences under Sections 124-A (sedition), 153-A (promoting enmity between different groups) 153-B (imputation, assertions prejudicial to national integration) 295-A (deliberate and malicious acts, intended to outrage religious feelings) 505(2) (statements creating or promoting enmity, hatred or ill-will between classes) and 504 (intentional insult with intent to provoke breach of the peace) read with Section 34 (acts done in furtherance of common intention) of the Indian Penal Code (IPC). .In February 2022, a Bajrang Dal activist, Harsha was murdered in Shivamogga, Karnataka, and a case was registered under Section 302 (murder) of the IPC. The complaint alleged that while the murder case was still being investigated, and before anybody was arrested or any cause of the murder was determined, the Minister and the other accused with an intention to promote enmity between Hindus and Muslims, started proclaiming that Harsha was murdered for political and religious reasons..As a result of their actions, a procession was held by one community against the other, and a riot took place, along with stone pelting on innocent persons, and property was damaged by setting it on fire. The riot took place due to the public speech and statements made by both the accused persons, the complaint alleged. The complainant tried to lodge a complaint in the police station, which was refused due to the political power of the accused, it was submitted. .The Court thus referred the complaint to the Station House Officer of the Doddapete Police Station in Shivamogga.[Read Order]