Karnataka HC Grants Interim Bail To BJP's CT Ravi Arrested For Allegedly Using Derogatory Words Against Female Congress Leader

The Karnataka High Court on Friday (December 20) granted interim bail and directed immediate release from custody of BJP Legislator C T Ravi, who was arrested for allegedly using derogatory words against Congress Legislator Laxmi Hebbalkar inside the State Council, at Belagavi. Justice M G Uma heard the bail application filed by Ravi and passed the order. It said “I am of the opinion that prima facie case is made out by the petitioner for his release on bail. Admittedly the petitioner is an MLA from the opposition party. His absconding or not being available to the investigating officer for investigation does not arise.” The police had charged the accused under Section 75 and 79 of BNS. Senior Advocate Sandesh J Chouta appearing for the petitioner argued that the punishment under the offence charged is upto seven years and thus before arresting the police should have issued him a notice under Section 35 of BNSS. Moreover, the grounds of arrest and reasons for arrest are not made available to the petitioner and he has been taken into custody. It was claimed that there is gross violation of the petitioner's Fundamental Rights under Article 21 of the Constitution.The prosecution opposed the plea contending that since a criminal case was registered the police have rightly arrested the petitioner. However, he was not able to secure instruction whether notice was issued to the petitioner or whether grounds of arrest were provided or not. Since the petitioner has filed a bail application before the competent court, he is not entitled for any relief by the High Court as he has already availed remedy. The court on going through the records noted that considering the facts of the case, it is an unfortunate incident that both are legislators and the incident in question is said to have been inside the council at Suvarna Souda, Belagavi.It said “Even if the allegations made against the petitioner are to be accepted the offence is punishable by less than 7-years of imprisonment. The police are required to follow procedure as contemplated under BNSS. Apart from that memo is to be served highlighting the grounds of arrest and reasons of arrest are to be submitted. Prima facie nothing has been placed before the court to satisfy the same is complied with.” Then it said “Even if the incident as alleged occurred which is most unfortunate. The police would not have apprehended him (petitioner), without following the procedure as contemplated under BNSS.” Following which the court said “Considering this I am of the opinion that petition is entitled for interim bail as sought for. Accordingly the petition is allowed to be released from custody forthwith. Subject to condition that he would be available for the investigating officer as and when required.”Click Here To Read Order

Karnataka HC Grants Interim Bail To BJP's CT Ravi Arrested For Allegedly Using Derogatory Words Against Female Congress Leader

Mustafa Plumber

Tags