GANESH POOJARY Vs. STATE BY BAJPE POLICE STATION

JUDGEMENT

(1.) The office objection No.4 as regards furnishing of the typed copy of the complaint is overruled. The remaining office objections to be cleared within a period of one week.

(2.) It is stated that the respondent Police have registered a FIR on the basis of the complaint given by one Shohan Athikari. The complaint copy produced at document No.2 would point out that there is a defamatory post on the Facebook account which has hurt the sentiments of the complainant and hence has requested that action be taken as per the complaint dated 03.06.2020.

(3.) The case as made out in the complaint is that the petitioner has shared a defamatory post in the Facebook account and such post has affected the feelings of the complainant and others. The petitioner had moved the petition seeking anticipatory bail before the Court of III Additional District and Sessions Judge, Dakshina Kannada, Mangaluru in Crl.Misc.Case No.410/2020, which has been rejected while observing that though the punishment prescribed is imprisonment for three years or fine or both, that may not necessarily be a sole criteria while considering the application for bail. It was further held that the defamatory post pertains to a person holding a high Constitutional Office.