'She May Abscond; Alleged Slogans Affect Public Feelings': Bengaluru Court Denies Bail To Amulya Leona In Sedition Case [Read Order]

Stating that the investigation is not completed and if granted bail she may abscond, a sessions court on Wednesday rejected the bail application filed by Amulya Leona (19), arrested in February on sedition charges for allegedly raising pro-Pakistan  slogans at an anti-CAA protest site.

Rejecting the bail application, Additional Session Judge Vidyadhar Shirahatti, said :

"The I.O. has not completed the investigation and has not filed the charge sheet. If the petitioner is released on bail, she may abscond or she may involve in similar offence which affect the peace at large."

As regards the argument on behalf of the applicant that mere sloganeering by itself cannot be an offence, the judge observed :

"It is my opinion that there are no materials to show that Pakistan is or not an enemy country. But the slogans which are alleged to have been used by the petitioner will certainly affect the feelings of public, law order and public peace."

Amulya was arrested on February 20, under section 124-A, 153 (A), 153-B, 505 (2) of Indian Penal Code. After being in police custody for five days she was sent to judicial custody and has been since then in prison.

Advocate B T Venkatesh appearing for the accused primarily argued that Amulya has not committed any offence as alleged by the police. She is not having any intention or Mens rea, which is an essential element of the offence established in Section 120(A) or 153 (A). Therefore, the present facts do not attract and do not show the involvement of the petitioner. He also argued that Pakistan is not declared as an enemy country. If at all the petitioner raises the slogans as 'Pakisthan Zindabad' , it does not amount to any offence, the counsel argued.

Further, it was urged that Amulya is a 19 years old girl who is pursuing her Second-year B.A. in Journalism course and she has to appear for the examinations. She is ready to abide by all the conditions imposed by this court while granting the bail, the counsel undertook.

The prosecution opposed the plea by saying that Amulya is having an intention to commit offence to incite people to create disorder and by raising the slogans created law and order problems.  

The court primarily rejected the arguments of the petitioner on the grounds that the police had not filed the chargesheet, it said

"In the present case, this court has not recorded any evidence and has not received a charge sheet. Even, the I.O. has not filed the challan or charge sheet. Therefore, it is very difficult to look into the materials in respect to the petitioner having Mens rea or not."

As regards to the argument that Pakistan is not declared as an enemy country, the court said

"It is my opinion that there are no materials to show that Pakistan is or not an enemy country. But the slogans which are alleged to have been used by the petitioner will certainly affect the feelings of public, law order and public peace."

It concluded by saying that "I am of the opinion that still the investigation is not yet completed and the points which have been raised by the petitioner are to be considered at the time of full-pledged trial. If the petitioner is granted bail, she may abscond. Therefore, the bail petition of the petitioner is liable to be rejected."  

Click here to download the Order