38.6c New Delhi, India, Friday, April 19, 2024

Karnataka HC grants Anticipatory Bail to public servant accused of writing a provocative statement on Facebook comparing COVID-19 to the Quran [READ ORDER]

By Shreedhara Purohit      12 August, 2020 03:16 PM      0 Comments
KarnatakaHC Anticipatory Bail Facebook COVID19 Quran

On August 11,2020, the Karnataka high court granted anticipatory bail to Kusumadhara Kaniyoor for comparing COVID 19 with the Holy Book Quran. The ‘provocative’ comments were made by the 32-year-old in April, amidst the nationwide lockdown. Reportedly, the accused had written a message on Facebook that read, “Quran is more dangerous to India than Corona.”

The Bellare police had registered a case against Kaniyoor under Indian Penal Code (IPC) Sections 153-A (wanton vilification of any religion) and 505(2) (provocation), following a complaint filed by Mahammed Saheer. 

Advocate Sachin BS appearing for the accused argued that Kaniyoor is a public servant and informed the court that no prior permission to prosecute e the public servant was sought and also prevailed that there was no malafide intent to create a rift among members of the society by the accused. He further stated that his client was being implicated falsely in the case when ‘prima-facie’ there was no element in Knaiyoor’s Facebook message that promoted religious animosity between two classes of the society.

Appearing on behalf of the State, Advocate Mahesh Shetty emphasized that the Facebook post of the accused was punishable under IPC Sections 153-A and 505(2). He claimed that Kaniyoor was absconding from the day of the complaint and that he might evade if he was granted anticipatory bail. Moreover, advocate Shetty argued that the accused had to be interrogated in judicial custody.

When Kusumadhara Kaniyoor approached a Sessions Court, his anticipatory bail plea was rejected. 

He then moved the Karnataka High Court seeking pre-arrest bail. The accused was granted bail by Justice K Natrajan on a personal bond of ₹25,000. Moreover, Kaniyoor was directed to appear before the Investigating Officer within 15 days and to not repeat the same offense.

Since no material was provided that could ascertain that the police sought permission before filing ‘criminal prosecution’, Court’s observed that “By looking to the facts and circumstances of the case, the principles laid down by the Hon’ble Supreme Court in Manzar Sayeed Khan’s case and (the) message posted by the petitioner, at this stage, it cannot be said that there is a prima-facie case made out against the petitioner for having committed any alleged offense, where it promotes the communal violence or tension between two groups of society.”




Share this article:

Leave a feedback about this

Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM


Trending Interview
LSJ Exclusive Interview: How BJP govt will free Chhattisgarh from “Naxal menace”? [Watch Video]

What is Chhattisgarh govt's plan for solving the Maoist/Naxalite problem in the state? Will there be a surgical strike against the Naxals or solution will be found via diplomatic channels? Read the Exclusive Interview with the Deputy Chief Minister Vijay Sharma.

13 April, 2024 12:33 PM
Trending Judiciary
SC rejects review of order to pay Rs 1.54 Cr compensation to ex Air Force staff for transfusion of HIV infected blood [Read Order]

SC denies review of Rs 1.54 Cr HIV compensation order to ex-Air Force staff for medical negligence.

13 April, 2024 03:13 PM
Trending Legal Insiders
CJI cautions against overlooking ethical legal consideration on use of AI in court adjudication

CJI D Y Chandrachud warns about ethical, legal challenges in AI use in courts, stressing need for thorough review.

13 April, 2024 07:08 PM
Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email