In the present case, the police had arrested the petitioner, Mohan Gowda of Udupi, a member of the ‘Hindu Rashtra Samanvaya Samithi’. Gowda had earlier made a representation to the Whitefield police station stating that Kunal Kamra’s comedy show could cause communal disharmony. The show was scheduled to be held at Uru, located within the Whitefield Police Station limits. It was cancelled after the representation by Gowda, who then posted on Facebook claiming it to be a victory for Hindu unity.
The Whitefield Police Station then registered a first information report (FIR) for offences under Sections 217 (false information with intent to cause public servant to use his lawful power to the injury of another person) and 353 (statements conducing to public mischief) of the Bharatiya Nayaya Sanhita (BNS). A notice was sent to Gowda under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on August 5 asking him to appear before the police within 3 days.
Section 35(3) requires the police to issue a formal notice of appearance to an accused person instead of arresting them immediately for crimes carrying a punishment of up to 7 years.
The police later travelled to Udupi to take Gowda into custody before the expiry of the 3-day period mentioned in the notice.
Gowda then approached the High Court.