The Karnataka High Court granted bail to the nephew of sitting MLA of Pulikeshinagar constituency who is said to make a derogatory post on Facebook on Prophet Mohammed. Due to a threat to his life that would indirectly affect the fundamental right if the bail application is rejected, Justice B. A. Patil noticed. Naveen P., the plaintiff was charged under Section 153 A and Section 295 A of the Indian Penal Code and under Section 67 of the Information Technology Act for posting derogatory remarks on Facebook on Prophet Mohammed.
In his bail appeal, he said that he just forwarded the post and later took it back. He stated that he is innocent and the issue is only a political move. The prosecution challenged his plea stating that the post shared created a disturbance in the area and a state of unrest was created to the administrative wing and society and that there was turmoil in which, two police stations and 57 police vehicles were burnt along with damaging properties and vehicles. It was further said that there were seven cases registered against him and he is a habitual offender. The state said that there is a threat to life if he is released on bail.
The Bench understood that the maximum punishment agreed for the offences under Section 153 (A) and Section 295 (A) of the Indian Penal Code is three years. The Bench said the apprehension of the Special Public Prosecutor on his life if he is released on bail can be taken care of by commanding some severe conditions. If the application is rejected on the grounds of threat to life is rejected, it would indirectly affect the fundamental right of the plaintiff when the only accusation against the petitioner is that he has posted some derogatory remarks against the Prophet in his Facebook account and then, the same has been withdrawn. “Under such conditions, by imposing some conditions, if the petitioner-accused is ordered to be released on bail, it would meet the ends of justice,” said the court.