Bengaluru: The Karnataka high court refused to quash proceedings in a defamation case against Suresh Gowda, former JD(S) MLA from Nagamangala, based on a complaint filed by M Cheluvarayaswamy, current Nagamangala MLA and agriculture minister in the Siddaramaiah cabinet.
Cheluvarayaswamy contends that after he lost the 2023 assembly elections, Gowda made derogatory statements against him and accused him of corruption and looting funds among other things. This was carried by leading newspapers on Aug 16, 17, and 18, 2023.
Cheluvarayaswamy had registered a private complaint against Gowda under sections 499 (defamation) and 500 (punishment for defamation) of IPC. On April 6, 2024, the special court for elected representatives directed the registration of a criminal case against Gowda, which he challenged before the high court. Gowda argued that his remarks lacked the ingredients of section 499 of IPC.
On the other hand, Cheluvarayaswamy submitted that the statements per se are defamatory, lacked basis, and had the capacity to lower his reputation.
After perusing the materials on record, Justice M Nagaprasanna noted that the remarks allegedly made by the petitioner were prima facie defamatory. “It definitely meets the ingredients and not exceptions to those ingredients, again prima facie,” the judge said. “If these statements cannot be said to be defamatory, which requires a full-blown trial for the petitioner to come out clean, I fail to understand what else can be.”
The judge also said the magistrate’s order bears application of mind and is a product of cogent reasoning.