Karnataka High Court grants bail to sitting MLA's nephew whose Facebook post sparked Bangalore Riots

The Karnataka High Court recently granted bail to the nephew of a sitting MLA, who was accused of uploading a derogatory Facebook post on Prophet Mohammed, which ultimately led to the Bangalore Riots on August 11 [Naveen P v. State of Karnataka]..A Single Judge Bench of Justice BA Patil granted bail to the petitioner while imposing the following conditions:.To execute a personal bond of Rs 2,00,000 along with two sureties.To refrain from tampering with prosecution evidence and to mark attendance before Jurisidictional police every month. To not leave the jurisdiction of the Court without prior permission. .Naveen P, the nephew of Pulakeshinagar MLA R Akhanda Srinivas Murthy, was charged under under Sections 153A and 295A of the Indian Penal Code as well as under Section 67 of the Information Technology Act for posting the derogatory remarks on his Facebook page..Seeking bail, the petitioner contended that he had merely forwarded the post and later withdrew the same. It was his further contention that with a political motive, a false complaint was registered against him. .Opposing his bail, the prosecution contended that the post shared by the petitioner had created disturbance in the said locality. The riots had resulted in two police stations and 57 police vehicles being burnt by an angry mob..It was further argued that there is a threat to the life of the petitioner himself if he is released on bail. It was also contended that the petitioner was a habitual offender and that there were 7 cases registered against him. .After taking the rival submissions into consideration, the Court observed that that the maximum punishment prescribed for the offences charged against the accused was only three years, and that the charge sheet had been filed after completion of the investigation..The Court also found no substance in the prosecution's contention that the petitioner's life would be in danger if granted bail. In this regard, the order reads,."I am of the considered opinion that the apprehension of the learned Special Public Prosecutor that if he is released on bail there is a threat to the life of petitioner himself and it may create unrest in the society can be taken care off by imposing some stringent conditions.".The Court thus held,."Merely on the ground that there is threat to the life of petitioner if the bail application of the petitioner is rejected, it would indirectly affect the fundamental right of the petitioner, when the only allegation against the petitioner is that he has posted some derogatory remarks against Prophet Mohammed in his facebook account and subsequently, the same has been withdrawn. Under such circumstances, by imposing some stringent conditions, if the petitioner- accused is ordered to be released on bail, it would meet the ends of justice."Karnataka High Court.With these observations, the Bench proceeded to grant bail to the petitioner. .Bangalore Riots: Names will go viral; may offend Right of Privacy, Karnataka HC rejects plea seeking publication of names of accused.Several petitions have been filed before the High Court pertaining to the said Bangalore Riots. On August 27, the Court had issued notice in pleas filed in connection with the crimes that took place during the riots on August 11..Subsequently, the Court issued notice in a plea seeking directions to display the details of persons arrested in connection with the Bangalore Riots on notice boards outside police control rooms. .Bangalore Riots: Karnataka HC asks State to consider empowering Claims Commissioner as per provisions of Commissions of Inquiry Act.[Read plea here]