A Bengaluru civil court has declined to grant an ex-parte temporary injunction sought by Nischal D, nephew of Dharmasthala Dharmadhikari Veerendra Heggade, as part of a defamation suit filed against YouTuber Sameer MD. Though the court issued a notice to Sameer in the case, it refused to pass an ex-parte order (an order issued after listening to only the petitioner) to take down the video.
The order was passed on July 9, 2025, by the VI Additional City Civil and Sessions Judge. In his application, Nischal sought to restrain Sameer from uploading or circulating videos allegedly containing morphed photographs of him and his family or from linking them to the recent FIR registered at the Dharmasthala police station. Sameer had made a video based on the complaint by a man that he was forced to bury the bodies of women and children in Dharmasthala and that many of them appeared to have been sexually assaulted.
This is the second such application filed by Nischal. Earlier, he had secured an interim order directing the removal of a different video by Sameer, one that discussed the 2012 rape and murder of 17-year-old Sowjanya, a college student in Ujire. In the fresh application, Nischal accused Sameer of continuing to make references to his family despite the earlier court order, and submitted screenshots and a pen drive as evidence.
However, the court declined to issue a new temporary order, noting that the earlier injunction remained in force. Nischal had submitted screenshots from Sameer’s video which featured two faceless men. Nischal claimed that despite the images having no identifying features, it was evident that Sameer was targeting Heggade.
The court said that these images were not enough to prove a link. The court also pointed out that if the earlier injunction had been violated, Nischal was free to file for breach of injunction or contempt in the High Court.
Reacting to the order, Advocate Yashas Balenahalli Kiran, who practices at the Karnataka High Court called it a reaffirmation of legal fundamentals. “This ruling, which judiciously declined the application for a fresh ex-parte permanent injunction, underscores foundational tenets of our legal system that are sometimes overlooked in the rush for immediate relief,” he said.
“The Court’s insistence on hearing both parties before issuing an impactful order is not merely a procedural formality; it is the very essence of natural justice. In an age where digital content and freedom of expression are frequently at the heart of legal disputes, ensuring a thorough and balanced judicial examination becomes paramount,” he told TNM.
“This measured approach signals a valuable shift towards judicial prudence, where the convenience of one party does not automatically override the fundamental right of the other to be heard. It reinforces confidence that courts will remain vigilant against any perceived shortcuts that could curtail fundamental rights, particularly freedom of speech, without proper adversarial testing.”
The matter is scheduled to be heard next on August 6, 2025.
Meanwhile, Sameer MD has also been booked by the Dharmasthala police in connection with his video on the mass burial case. The 23-minute, 52-second video titled “Who Are Serial K!llrs of Dharmasthala?” was uploaded on July 12 and has since garnered over 4 million views.
According to Dakshina Kannada police, the video was generated using artificial intelligence and contained content that went beyond what was stated in the official complaint and the whistleblower’s court testimony on July 11. Police also said it revealed details about the complainant that are not publicly available.
Sameer has been booked under Sections 192, 240, and 353(1)(b) of the Bharatiya Nyaya Sanhita (BNS) on charges including wantonly giving provocation with intent to cause a riot and spreading misleading information about an offence.
The burial case came to light after a former sanitation worker, who claims to have been previously employed by the Dharmasthala temple administration, alleged that he was made to bury multiple bodies showing signs of sexual assault. He claimed he was threatened into silence and fled the region nearly a decade ago. He recently returned, citing guilt, and filed a complaint with the police.
The man recorded his statement in a closed courtroom before the Principal Civil Judge and Judicial Magistrate First Class in Belthangady taluk, under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Sameer MD rose to prominence after his 39-minute video on the Sowjanya case went viral. The case, involving the rape and murder of a 17-year-old student in 2012, drew renewed attention after the acquittal of the accused, Santhosh Rao, in July 2023 due to botched investigation. Sowjanya’s family has long alleged that the real culprits were shielded by powerful figures, including Dharmadhikari Veerendra Heggade.
In April 2024, a Rs 10-crore defamation suit was filed against Sameer over the Sowjanya video by representatives of Shri Kshetra Dharmasthala, including D Harshendra Kumar and Nischal D who claimed the content was defamatory and targeted the institution.