IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 08^TH DAY OF NOVEMBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE ASHOK G NIJAGANNAVAR

CRIMINAL PETITION NO.102090 OF 2019

BETWEEN

MOHAMMAD SAJID A. S/O ANVARBASHA. A

AGED: ABOUT 19 YEARS, STUDENT OF RUDRAMBA,

M.P.PRAKASH COLLEGE, STUDYING IN 2ND YEAR B.A.,

R/O: 1ST WARD,HIREHADAGALI, HADAGALI TALUK,

BALLARI DISTRICT.

... PETITIONER

(BY SRI.SABEEL AHMED,MEHABOOB GOUSE

AND MOHAMMED TAHIR, ADV.)

AND

THE STATE REPRESENTED BY THE SHO

HIRE HADAGALI POLICE STATION,

REPRESENTED BY STATE PUBLIC PROSECUTOR,

HIGH COURT COMPLEX BUILDING,

DHARWAD-580011.

... RESPONDENT

(BY SMT.SEEMA SHIVA NAIK, HCGP )

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.

SEEKING TO GRANT REGULAR BAIL TO THE PETITIONER IN

CR.NO.133/2019 OF RESPONDENT HIRE HADAGALI POLICE

STATION, FOR THE ALLEGED OFFENCES P/U/S 124(A) AND

153-B OF IPC AND SEC. 2 OF PREVENTION OF INSULT TO

NATIONAL HONORS ACT, 1971 REGISTERED WITH THE

RESPONDENT POLICE AND THIS PETITIONER IS ARRAYED AS

SOLE ACCUSED.

2

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioner/accused

under Section 439 of Cr.P.C. for grant of bail in Crime

No.133/2019 of Hire Hadagali Police Station for the

offences punishable under Sections 124(A) and 153-B of

IPC and Section 2 OF Prevention of Insult to National

Honors Act, 1971.

2.

The facts briefly stated in the bail petition

are that on the complaint filed by Anjinappa Talavar,

the Police have registered the case. The allegations are

that

on

15.08.2019

the

petitioner-accused

had

displayed in his Whatsapp status about the video of tri-

colour flag of this Country with crescent moon and the

star in it. When the complainant enquired about the

same, the petitioner informed him that he loves

Pakistan and further he has stated that he had

uploaded

from

his

mobile

Whatsapp

status

on

3

15.08.2019 despite the advise given by the complainant,

it was not removed. Thereby the petitioner-accused has

committed the alleged offense. On registering the case,

the Police have taken up the investigation. The

petitioner-accused was arrested on 19.08.2019. Since

then he is in judicial custody. Bail petition filed before

District and Sessions Judge was rejected.

3.

Heard

the

learned

counsel

for

the

petitioner/accused

and

learned

HCGP

for

the

respondent-State, perused the charge sheet and other

concerned records available at this stage.

4.

Learned counsel for the petitioner/accused

strenuously contended that the allegations made in the

complaint do not attract the ingredients of Section

124(A) and Section 153(B) of IPC. The petitioner

accused had no malafide intention whatsoever either to

disrespect the National Flag or to make any defaming

expression against the country or legally established

4

Government.

Due

to

the

detention,

the

petitioner/accused has been put to great hardship. In

the event of further detention, the petitioner will be

deprived of an opportunity to attend examination of his

BA Course. He is ready and willing to abide by the

conditions that may be imposed by this Court for

granting bail.

5.

Per contra, learned HCGP submitted that the

conduct of the petitioner/accused clearly goes to show

that he has displayed the video on his Whatsapp status

on 15.08.2019 with deliberate intention, which clearly

attracts Sections 124(A) and 153(B) of IPC and Section 2

of Prevention of Insult to National Honors Act, 1971.

Thus, there are no valid grounds for granting bail.

Hence, bail petition deserves to be rejected.

6.

The complaint averments disclose that the

petitioner/accused had put up a video in his Whatsapp

my status holding tri-colour flag with crescent moon

5

and the star and when the complainant enquired about

the same, he has expressed his feelings that he loves

Pakistan and desp