Karnataka HC Grants Anticipatory Bail To Man Accused Of Forwarding Obscene Image Of 'Woman Covered With National Flag, Depicting Incident In Manipur'

The Karnataka High Court recently granted anticipatory bail to an accused who had forwarded a picture he received as a WhatsApp message related to a half-naked woman covered with the National Flag depicting the incident that had taken place in Manipur State.

A single judge bench of Justice S Vishwajith Shetty allowed the plea and said “The petitioner is directed to be enlarged on bail in the event of his arrest in Crime No.144/2023 registered by the Siruguppa police station, Ballari district for the offence punishable under Section 67 of the Information Technology Act. Petitioner shall execute a personal bond for a sum of Rs.1,00,000, with 01 surety for the like-sum to the satisfaction of the Investigating Officer.”

An FIR had been registered against the accused based on his mobile phone number, and apprehending arrest he filed an application before the District and Sessions Judge, Ballari, which was rejected on 19.09.2023.

The petitioner argued that he had no intention to commit any offence and had only forwarded the message, which he had received in the Whatsapp group known as 'Hum Sath Sath Hain'.

The prosecution opposed the plea saying that there was sufficient material to connect the petitioner to the crime.

On going through the records the bench noted that the petitioner had no intention and he only forwarded the message, which was received by him in his mobile phone.

It was noted that the maximum punishment for the alleged offence was imprisonment for 3 years, and the petitioner had no criminal antecedent.

Accordingly, it allowed the plea for anticipatory bail subject to the petitioner regularly appearing before the Trial Court unless exempted, or tamper with the witnesses in the case.

Appearance: Advocate Maqboolahmed M Patil for Advocate Mohammed Azaruddin M for petitioner.

HCGP Rangswamy R for Respondent

Citation No: 2024 LiveLaw (Kar) 53

Case Title: Sabu Husen AND State of Karnataka

Case No: CRIMINAL PETITION NO. 103706 OF 2023

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