Karnataka HC rejects bail to Whatsapp group admin over Pakistan Zindabad' post
Bengaluru: The Karnataka High Court dismissed an anticipatory bail to the admin of a WhatsApp group, in which a slogan, 'Pakistan Zindabad’, had been posted in August last year.
The admin and two others had approached court, seeking anticipatory bail following a case registered against them by the Kanakagiri police for offences punishable under Sections 124(A), 109, 201 read with Section 34 of IPC.
One Hanumanagouda had complained to the police in August 2018 that the second and third accused had started a WhatsApp group, in which he found messages posted by the accused number 1, Mustafa, one of which on August 14, 2018 said “Pakistan Jindabad”. It also had a photo of Mustafa with his nephew Chandbasha Kalkeri.
The state had opposed the bail, submitting that the text message in the WhatsApp group is to provoke the public to indulge in communal violence and an act amounting to sedition.
“In the context and circumstances of the case, 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 and more particularly, it is submitted that the petitioners have destroyed the mobile set. Further, the ground of investigation is completed and the accused are in judicial custody, cannot be construed as yardstick to grant bail,” the High Court on December 6, 2018 had ordered rejecting the bail.
Mustafa had moved the court for the second time, seeking bail, which was dismissed by the High Court on December 27, 2018, with an observation that the petitioner has not made out any changed circumstances to seek bail.
