Karnataka HC stays case against YouTuber Sameer MD over video on Dharmasthala burial allegations

The Karnataka High Court on Wednesday stayed further police investigation into a criminal case registered last year against YouTuber Sameer MD over a video he made on the Dharmasthala mass burials case [Sameer MD v State of Karnataka].

Justice M Nagaprasanna passed the interim order on a plea filed by Sameer to quash the case. The Court has sought the State's response to the YouTuber's plea.

The matter will be heard next on April 22. The investigation into the case is to be paused until then.

"Learned Additional SPP to accept notice and file objections. List matter on 22nd. Further investigation shall remain stayed till the next date," the Court said.

The case concerns a video uploaded by Sameer MD on his YouTube channel, Dhootha.

The video referred to allegations that a sanitary worker employed by the Dharmasthala temple administration was forced to bury the corpses of several women who were sexually assaulted. The video also featured AI-generated visuals while narrating these allegations,

The video further contained veiled references to D Veerendra Heggade, the head of the Shri Kshetra Dharmasthala temple.

A criminal case registered over this video accused Sameer of committing the offences under Sections 192 (wantonly giving provocation to create riot),240 (giving false information in respect of an offence committed), 353 (public mischief) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Sameer has now filed a plea to quash this case. His counsel, advocate Akshatha Shetty, argued that Sameer's video was based on the FIR and complaint filed in the Dharmasthala burials case. The video only contains content that has already been aired on national television, she contended.

The State opposed Sameer's plea. Additional Special Public Prosecutor Asma Kouser pointed out that the investigation in the Dharmasthala case remains pending, and that the truth will come out after the probe. She questioned the content of the video posted by Sameer in such a pending case, arguing that the YouTuber has misled the public with his video and created hatred and ill will.

The Court eventually directed the Additional SPP to file the government's objections by the next date of hearing, after watching the entire video.

Additional SPP Kouser also requested the Court to ask Sameer to file an affidavit undertaking that he will not make more videos on the pending Dharmasthala case.

The Court did not pass an order for the same, but orally asked Sameer's counsel to advise her client not to make more such videos for now.