B V SEETHARAMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner by filing this peti tion under Section 438 of Cr.P.C. have brought for the following reliefs :-

(2.) Petitioner No. 1 is the Chairman and Director and pelitioner No. 2 is the Managing Director of Kannada Daily Newspapers "Karavali Ale", "Sanje Ale" and "Kannada Janataranga". On 2-2-2007, an article is published In the above newspapers regarding Jain Religion and some Jain Saints, in that regard two complaints are lodged against the petitioners one by Rajavarma Ballal which is registered in Crime No. 30/ 2007 of Panambur Police Station,.Mangalore and another by Rajkumar Naik which is registered in Crime No, 52/20Q7 of Sagar Town Police Station, Shimoga, District. In both these crimes, the petitioners are arrested and released on bail. Both the crimes were registered for the offences punishable under Sections 153-A, 153-B, 295-A r/w. Section 34 of IPC. The petitioners apprehend that similar complaints may be filed against them in future by some other persons alleging the very offences at different places and they may have to file bail application in various Courts and may have to face trial in different Courts. For the purpose of avoiding filing of such bail applications repeatedly in future, this petition is filed praying for a blanket order of anticipatory bail.

(3.) According to the State, the articles published by the petitioners are aimed to create disharmony and clashes among the different classes of the society. It is observed in the said article that Jain Munishri Tarun Sagar is depicted as a naked Muni causing obscenity to the public; the religious processions of Jain Muni are compared to that of banned activity of Bethafe Seve in certain portions of Karnataka. According to the State, Jain Munis, particularly digambaras are aimed at promoting peace, harmony and tranquillity in the society. Thus, the learned SPP opposed grant of order of anticipatory bail.