The Karnataka High Court on August 28, 2026, expressed strong disapproval of the Whitefield Police Station’s conduct in arresting Hindu activist Mohan Gowda over a social media post related to the cancellation of comedian Kunal Kamra’s show. Justice M. Nagaprasanna, presiding as a single judge bench, observed that the arrest appeared to be part of a recurring pattern of illegal actions by the station, particularly the misuse of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The court noted that a notice under Section 35(3) BNSS had been issued to the petitioner, requiring him to appear before the police within three days. However, the police reportedly took him into custody from Udupi three days before the date specified in the notice, thereby rendering the notice ineffective and the arrest procedurally flawed. The judge remarked that issuing a notice for future appearance while simultaneously taking the person into custody defeats the very purpose of such a notice under the law.
Justice Nagaprasanna further stated that the Whitefield Police Station has repeatedly come before the court for similar violations. Referring to an earlier incident where the station arrested a witness to a will after issuing a Section 35(3) BNSS notice, the court had imposed exemplary costs of ₹3,00,000 on the investigating officer and superior officials. The judge indicated that such conduct reflects a persistent modus operandi by personnel stationed at Whitefield.
In the present case, the court granted an interim stay on the criminal proceedings initiated against Mohan Gowda under Sections 217 (giving false information) and 353(2) (statements causing public mischief) of the Bharatiya Nyaya Sanhita, 2023. The FIR was registered on August 4, 2026, at 2:30 p.m., based on a social media post by the petitioner celebrating the cancellation of Kunal Kamra’s show in Whitefield. The petitioner, who is the state organiser of Hindu Rastra Samanvaya Samithi, had earlier submitted a representation to the Whitefield Police Station on August 1, 2026, requesting the cancellation of the show on grounds of communal harmony. After the comedian announced the relocation of the show to Koramangala, the petitioner posted on social media describing the outcome as ‘a victory for Hindu unity’.
The petitioner’s counsel, Advocate Girish Bharadwaj, contended that the FIR was registered irregularly, noting that the complaint was filed a day after the FIR was registered suo motu by the police. He also pointed out that a notice under Section 173(2) BNSS was sent via WhatsApp on August 4, 2026, informing the petitioner of a preliminary enquiry, while he was actually in Udupi at the time. On August 6, 2026, police officials allegedly took him into custody from Udupi and transported him to Whitefield Police Station, where he was detained until his release on August 7, 2026, at 2:15 p.m., following intervention by legal representatives.
The court, while granting interim relief, directed the Deputy Commissioner of Police (DCP), Assistant Commissioner of Police (ACP), and the concerned officers who participated in the arrest to appear before it on August 29, 2026, at 2:30 p.m. Justice Nagaprasanna warned that if the DCP and ACP fail to comply, the court would be compelled to summon the Commissioner of Police, Bengaluru, to ensure accountability. The bench emphasized that the repeated disregard for procedural norms by the Whitefield Police Station necessitates immediate corrective action.
The observations were made during the hearing of a petition filed by Mohan Gowda challenging the legality of the FIR and his arrest. The court has not yet passed a final order on the merits of the case but has intervened to prevent what it perceives as an abuse of police authority under the guise of legal procedure.