Recently, the Karnataka High Court allowed the anticipatory bail application of a man accused of sharing an image of a half-naked woman draped in the tricolour to depict the recent sexual violence that occurred in Manipur, on WhatsApp.
Following the turmoil in Manipur, a horrifying video of two women being paraded in the open while being assaulted went viral on social media in July 2023.
Reportedly, the event occurred on May 4, 2023, and that the mob then gang-raped the women.
No criminal antecedents: HC
After receiving a complaint, the petitioner was charged under Section 67 of the Information Technology (IT) Act.
On September 19, 2023, a sessions court denied his request for anticipatory bail. He then appealed the High Court.
The counsel for the petitioner submitted that he had no intention to commit any offence and he had only forwarded the message, which he had received in the group known as Hum Sath Sath Hain. The maximum punishment for alleged offence is imprisonment for a period of three years. The petitioner has no criminal antecedent, it was further argued while seeking anticipatory bail.
Countering the plea, the Government Pleader submitted that there is sufficient material to connect the petitioner to the crime.
Justice Vishwajith Shetty of the High Court was prompted to allow the plea after noting that the accused had merely forwarded the message without any intention to commit an offence.
Karnataka High Court
the Court ordered while granting anticipatory bail to the man, putting certain conditions in place.