Introduction:

In a recent ruling, the Karnataka High Court granted anticipatory bail to an accused involved in a case where he forwarded a WhatsApp message containing an image related to an incident in Manipur, depicting a half-naked woman covered with the National Flag. The accused, seeking protection from arrest, argued that he had no intention to commit an offense and had merely forwarded the message received in a WhatsApp group. The prosecution contended that there was enough evidence connecting the accused to the crime.

Arguments of Both Sides:

The petitioner, represented by Advocate Maqboolahmed M Patil, asserted his lack of intention to commit any offense, emphasizing that he had only forwarded the message from the ‘Hum Sath Sath Hain’ WhatsApp group. The prosecution opposed the plea, arguing that sufficient material linked the petitioner to the alleged offense. The key contention revolved around the accused’s intent and whether forwarding the message constituted a punishable act under Section 67 of the Information Technology Act.

Court’s Judgement:

Justice S Vishwajith Shetty, in his ruling, granted anticipatory bail to the accused, highlighting that the petitioner had no criminal antecedents and had forwarded the message without any malicious intent. The court noted the absence of criminal intent on the petitioner’s part and observed that the maximum punishment for the alleged offense was three years of imprisonment. The bail was subject to the condition that the petitioner regularly appears before the Trial Court and refrains from tampering with witnesses.