Priyank Kharge, Mohammed Nalapad Get Bail in RSS Defamation Case, Evidence Stage Set for Sept 19

A private criminal defamation case against Karnataka Home Minister Priyank Kharge and Congress leader Mohammed Nalapad has entered the evidence stage after a Bengaluru court granted both bail on Saturday.

The 42nd Special Court for Elected Representatives granted bail noting that the alleged offence under Section 356 of the Bharatiya Nyaya Sanhita (BNS) is bailable. Kharge and Nalapad must furnish personal bonds of Rs 1 lakh each and cash security of Rs 10,000 each. They denied the allegations and opted to face trial.

The complaint was filed by RSS worker A Tejas, who alleged that statements and posts by the two accused harmed the reputation of the Rashtriya Swayamsevak Sangh (RSS). The complaint against Kharge refers to October 2025 social-media posts concerning RSS activities in public institutions, a reference to Mahatma Gandhi and Babasaheb Ambedkar, and the expression “viRuSS”.

The allegation against Nalapad concerns a separate remark about the RSS that was allegedly made publicly and subsequently circulated.

Under Section 356, defamation broadly involves making or publishing an imputation concerning a person, association or identifiable group, through words, signs or visible representations, with the intention or knowledge that it could harm reputation. The law also contains exceptions, including certain truthful statements made for public good.

A complaint ordinarily begins before a Magistrate. The court considers the complaint, records the complainant’s evidence, and may issue a trial if warranted. Summoning an accused is not a finding of guilt.

At trial, the complainant must establish the essential ingredients of defamation beyond reasonable doubt. Evidence may include the original post, recording or publication, witnesses, digital material and evidence linking the accused to the statement. The accused can contest evidence and present a defence. The prosecution must address the required mental element and exceptions.

In the Kharge-Nalapad case, the court has now fixed September 19 for the complainant's evidence. The allegations remain unproven unless established during trial