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2020 Supreme(Kar) 489

K.S.MUDAGAL
Mohammed Mujeeb – Appellant
Versus
State – Respondent


Advocates Appeared:
Sri Mohammed Tahir, Advocate, for the Appellant; Sri Vinayaka V.S., HCGP, for the Respondent

JUDGMENT

1. Electronic City Police have registered Crime No.75/2020 against the petitioner for the offences punishable under Sections 153A, 505, 270, 109 IPC on the basis of the complaint of one Mahesh Mallayyanavar, the Police Sub-inspector of Electronic Police Station.

2. It is alleged that the petitioner with an intention to promote disharmony and hatredness, to disturb the public tranquility and to create feeling of insecurity amongst the people on the religious basis, has uploaded the following messages on his face book platform:

    'i) Lets Join hands, go out sneeze with open mouth in public place, spread the virus'

    ii) 'spread the word to end the world' and

    iii) 'my stun gun is ready-killing dogs'.

    3. The petitioner was arrested on 29.03.2020. Since then he is in judicial custody.

    4. Learned counsel for the petitioner submits that the major offence alleged is one under Section 153A IPC for which the maximum punishment prescribed is imprisonment upto 3 years only. He further submits that the petitioner is ready to cooperate for investigation and trial and he may be granted bail with suitable conditions.

    5. Learned HCGP opposes the petition on the ground that the punishment prescr

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