Karnataka high court has granted bail to a public servant accused of writing an alleged incendiary statement on Facebook on the grounds that the police had sought no prior permission to prosecute him
Bengaluru: The Karnataka high court granted bail to a public servant accused of writing an alleged incendiary remark on Quran on Facebook.
He had allegedly written ‘Quran is more dangerous than Corona’.
The man is identified as 32-year-old Kusumadhara Kaniyoor.
As reported by a popular website, the Bellare police had registered a case against Kaniyoor under Indian Penal Code (IPC) Sections 153-A (wanton vilification of any religion) and 505-2 (provocation), following a complaint by one Mahammed Saheer.
Advocate Sachin BS appearing for the accused informed the court that no prior permission to prosecute the public servant was sought and also prevailed that there was no malafide intent by the accused (intent to create rift among members of the society).
The website added that appearing on behalf of the State, Advocate Mahesh Shetty emphasised that the Facebook post of the accused was punishable under IPC Sections 153-A and 505(2). He claimed that Kaniyoor was absconding from the day of the complaint and that he might evade if he was granted anticipatory bail. Moreover, advocate Shetty argued that the accused had to be interrogated in judicial custody.
“By looking to the facts and circumstances of the case, the principles laid down by the Hon’ble Supreme Court in Manzar Sayeed Khan’s case and (the) message posted by the petitioner, at this stage, it cannot be said that there is prima-facie case made out against the petitioner for having committed any alleged offence, where it promotes the communal violence or tension between two groups of society.”
The court granted bail to the accused.
It is interesting to note that the Sessions court did not grant the anticipatory bail to the accused. It is then that he approached the high court, seeking justice.
Justice K Natrajan on a personal bond of ₹25,000. Moreover, Kaniyoor was directed to appear before the Investigating Officer within 15 days and to not repeat the same offence.
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Last Updated Aug 11, 2020, 7:32 PM IST