Karnataka High Court denies anticipatory bail to WhatsApp group admin over ‘Pakistan Zindabad’ slogans

The accused had also allegedly destroyed the mobile phone set. Justice N. K. Sudhindrarao had observed that it was necessary to state that the slogan may be of a line or two but the intention and effect, when observed, is "grievous".

The Karnataka High Court has dismissed an anticipatory bail application of a WhatsApp group admin in whose group a few people had shared ‘Pakistan Zindabad’ slogans on 14th August 2018, reports LiveLaw. As per reports, a criminal case was registered under section 124-A of the Indian Penal Code (sedition) against Shabbeersab, Chandbasha and Mustafa, who is the petitioner on basis of a complaint by one Hanumanagouda Sakragouda Nayak.

According to Nayak, Shabbeersab had posted his tweet with a slogan stating ‘Pakistan Zindabad’ on 14th August 2018 along with a video with his nephew Chandbasha Kalkeri. The two were later arrested by Police and on 13th November 2018, the High Court had dismissed their bail application.

As per the report, the state had alleged that this message through WhatsApp is a statement provoking public at large to raise communal violence against different class and others in the society and act of the petitioners amounted to committing an offence under sedition. Justice N. K. Sudhindrarao had observed that it was necessary to state that the slogan may be of a line or two but the intention and effect, when observed, is “grievous”. The court had also noted that the accused had destroyed his mobile phone set.

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Mustafa’s first bail application was dismissed on 6th December 2018. It is alleged that Mustafa and another accused were the admins of the WhatsApp group. On 27th December 2018, his second anticipatory bail was also dismissed by Justice KS Mudagal who observed that there were no changes in the circumstances.

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