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Judgment
Anant Ramanath Hegde, J
Heard the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader appearing for the respondent.
The petitioner has invoked Section 439 of Code of Criminal Procedure (for short, ‘Cr.P.C.’) and he is seeking his release on bail in connection with Crime No.11/2024 registered in Gudageri police station, Kundagol taluk. The complaint is lodged against the petitioner for the offences punishable under Sections 153B and 505(1)(b) of Indian Penal Code (for short, ‘IPC’). The complaint is lodged on 05.03.2024 by one Ramesh N Pujari, who is the police constable attached to Gudageri police station.
It is the case of the prosecution that the accused has posted few edited photographs in facebook by showing the flag of neighbouring nation in the hands of some of the political leaders and it is alleged that the said pictures are published with an intention to disturb communal harmony and tranquility in the society. Based on the complaint dated 05.03.2024, FIR is registered in Crime No.11/2024. The accused was arrested on 05.03.2024 and he is in custody since then.
The accused/petitioner has moved the petition seeking bail under Section 439 of Cr.P.C. before the I Addl. District and Sessions Court, Dharwad sitting at Hubballi in Crime No.5116/2024. The said bail application is opposed by the respondent-State. The Sessions Court has rejected the said application. Thereafter, the present application is filed by the petitioner. The respondent-State has not filed any statement of objection to this petition. However, the learned HCGP would submit that the objection recorded before the Sessions Court at Hubballi should be treated as the statement of objection to the present bail petition.
Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any offence. It is the submission of the learned counsel for the petitioner that the petitioner does not know how to use the cell phone and a false complaint has been lodged against him by the police without there being any material to support the contents of the complaint. He further submits that the petitioner was not earlier tried for any offence and he has no criminal antecedents.
Learned High Court Government Pleader would submit that the mobile has been seized by the police and investigation is on and it is submitted that prima facie materials are available linking the petitioner to the commission of the offences alleged in the complaint and the learned HCGP would submit that in case the petitioner is released on bail, there is every possibility of the petitioner again committing similar offence and therefore prays to dismiss the application.
This Court has considered the contentions raised at the bar.
It is seen from the complaint that the complaint is lodged against the petitioner for the commission of alleged offence punishable under Section 153B of IPC and the said offence is punishable with imprisonment which may extend upto 3 years, or fine or both and it is alleged that the petitioner has committed offence under Section 505(1)(b) of IPC and again the said offence is punishable with punishment of maximum 3 years imprisonment or fine or both. The police have already claimed that they have seized the cell phone of the petitioner. If the Court considers the complaint, it is apparent that commission of alleged offence by the petitioner is borne out by the record even according to the police. Under the circumstances noticed above, this Court is of the view that further detention is not required and it does not serve any lawful purpose. It is also evident that the prosecution has not pointed out criminal antecedents against the petitioner. This being the position, this Court is of the view that the petitioner is entitled for bail on certain conditions which would meet the ends of justice. Accordingly, the following:
ORDER
i) Petition is allowed.
ii) The petitioner/accused shall be enlarged on bail on executing personal bond for a sum of Rs.50,000/- with one surety for the likesum, before the trial Court.
iii) The petitioner/accused shall not leave the jurisdiction of the Court without leave of the trial Court, till the investigation is over.
iv) The petitioner/accused shall mark his attendance before the jurisdictional police station once a week till investigation is completed.
v) The petitioner/accused shall not tamper with the prosecution witnesses in any manner.
vi) The petitioner/accused shall cooperate with the investigation.