JANUARY 27, 2019
Karnataka High court dismissed anticipatory bail application of Administrator of a WhatsApp Group in which some group members had shared ‘Pakistan Zindabad’ slogans. A Criminal case was registered under Section 124-A of IPC (Sedition) against Shabbeersab, Chandpash and Mustafa (Petitioner), on the basis of the complaint of one Hanumanagouda Sakragouda Nayak. According to the complainant, Shabbeersab had posted his tweet of a slogan stating “Pakistan Jindabad” on 14th August 2018, and had also posted his photo taken along with his nephew Chandbasha Kalkeri. Two Accused persons were arrested by Police and the High court, on 13th November 2018, had dismissed their bail application.
Before the court, the state had alleged that this message through WhatsApp account is clearly a statement provoking public at large to raise communal violence against different class and other in the society and act of the petitioners is amounting to commission of offence of sedition.
Justice N.K. Sudhindrarao had observed: “it is necessary to state that the slogan may be of one line or two lines but the intention and effect when observed is grievous.” The court had also noted that the accused destroyed the mobile set. First anticipatory bail application by Mustafa was dismissed on 6th December 2018, who was also accused in the same crime. It was alleged that Mustafa and another accused were the Administrators of the said WhatsApp group. His second anticipatory bail application was dismissed on 27th December 2018 by Justice KS Mudagal observing that no changed circumstances had been made out.
Source: livelaw.in
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