BENGALURU: Stating that it is difficult to comprehend why the prosecution has not invoked Section 79 BNS for intending to insult the modesty of Sidlaghatta Municipal Commissioner Amrutha G, notwithstanding the nature of conversation attributed to her, the Karnataka High Court on Thursday refused to quash criminal proceedings against Congress leader Rajeev Gowda BV under various provisions of the BNS.
Justice M Nagaprasanna pronounced the order, rejecting two petitions filed by Gowda, questioning the legality of the FIR registered against him, based on the complaint filed by Amrutha and CN Srinivasa Gowda with Sidlaghatta police on January 14, for allegedly hurling abuses at her over removing the banner of a film, threatening her over phone etc.
The court stated that the complainant has, prima facie, diligently performed her duty. When a public servant performs lawful duties, no individual can claim licence to intimidate or abuse her, and it would undoubtedly attract penal consequences.
The court further said it cannot, at this stage, embark upon an evaluation of whether Section 132 BNS or any other section is ultimately sustainable, since investigation has hardly commenced.
State has to wake up: HC
"It is in public domain that banners and flexes, whether for film promotion or otherwise, erected indiscriminately across cities create a menace to the public, impede movement, and erode civic aesthetics. The State appears to have remained blissfully indifferent to the rampant proliferation of such banners and flexes across public spaces. It is high time the State wakes up and enforces the law in earnest against unauthorised banners, placards, and flexes,” the HC said.