[Derogatory Facebook Post On Prophet Mohammed] Karnataka HC Grants Bail To Sitting MLA's Nephew [Read Order]

The Karnataka High Court, last week, granted bail to the nephew of a sitting Karnataka MLA  accused of making derogatory Facebook Post on Prophet Mohammed.

Merely on the ground that there is threat to his life, if the bail application is rejected, it would indirectly affect the fundamental right, Justice BA Patil observed.

Naveen P., the nephew of the sitting MLA of Pulikeshinagar constituency, was charged under under Sections 153A and 295A of Indian Penal Code and also under Section 67 of the Information Technology Act for posting derogatory remarks in his facebook on Prophet Mohammed.

In his bail plea, he contended that he had merely forwarded the post and later withdrawn it and that he is innocent and only with a political motive, false complaint has been registered against him. The prosecution opposed his plea contending that the post shared by him has created disturbance in the said locality and unrest to the administrative wing and the society and that there was commotion in which, two police stations and 57 police vehicles have been burnt and many more properties and vehicles have been damaged. It was further submitted that there are 7 cases registered against him and he is a habitual offender. There is a threat to the life of the petitioner himself if he is released on bail, the state contended.

The court noted that the maximum punishment prescribed for the offences under Sections 153(A) and 295(A) of IPC is three years and that investigation is completed and charge sheet has been filed.  While granting him bail by imposing stringent conditions, the court said: 

"I am of the considered opinion that the apprehension of the learned Special Public Prosecutor that if he is released on bail there is a threat to the life of petitioner himself and it may create unrest in the society can be taken care off by imposing some stringent conditions. Merely on the ground that there is threat to the life of petitioner if the bail application of the petitioner is rejected, it would indirectly affect the fundamental right of the petitioner, when the only allegation against the petitioner is that he has posted some derogatory remarks against Prophet Mohammed in his facebook account and subsequently, the same has been withdrawn. Under such circumstances, by imposing some stringent conditions, if the petitioner- accused is ordered to be released on bail, it would meet the ends of justice."

Case: Naveen P vs State Of Karnataka [CRIMINAL PETITION No.4819 OF 2020]
Coram: Justice BA Patil
Counsel: Adv N.Padmavathi, Spl. PP P.Prasanna Kumar

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