SHIVU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner who is the lone accused seeking bail under Sec. 439 Cr.P.C. contending that the allegations made against him are false, baseless and he has been falsely implicated. He is innocent and law binding citizen and the ingredients of the offences alleged are not attracted. There is a delay of three days in filing the complaint. Since allegations are that he has uploaded the post in facebook which is in the electronic platform, there is no possibility of deleting and destroying the evidence. Already the mobile phone of petitioner is seized. He is aged 29 years. He is ready to abide by any conditions that may be imposed and prays to allow the petition.

(2.) Learned High Court Government Pleader has filed statement of objections stating that one Sri.Vittal S/o Govindappa Chavan, president of Kundagol Taluk Kshatriya Samaj (R) has lodged the complaint before respondent- police alleging that the accused sharing false and meanly information about Hinduism and Chatrapati Shivaji Maharaj in the social media namely facebook and thereby insulted the Hindu community. He has called Chatrapati Shivavji Maharaj as terrorist and terrorists' worshipful god. The petitioner has uploaded the said information on 6/6/2023 at about 7.43 a.m. The said post is uploaded with an intention to create communal disharmony and circulated same into the media. If bail is granted to the petitioner, it may provoke the mob and create law and order situation. There is prima facie material to proceed against the petitioner. Investigation is still pending. The report of the FSL is awaited and praised to reject the petition.

(3.) Heard the arguments and perused the records.