The Karnataka High Court has granted anticipatory bail to an individual accused of sharing a controversial image on WhatsApp amidst the backdrop of the Manipur violence. The image, which depicted a half-naked woman draped in the tricolour, had sparked significant outrage, leading to legal action under Section 67 of the Information Technology (IT) Act.
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The case, which has drawn attention to the complexities of digital communication and legal boundaries, saw the petitioner seeking relief after a sessions court rejected his anticipatory bail application on September 19, 2023. The petitioner, represented by Advocate Maqboolahmed M Patil, argued that there was no intention to commit an offence, stating that the image was merely forwarded as received on a WhatsApp group.
The High Court’s decision to grant anticipatory bail was predicated on several conditions aimed at ensuring the petitioner’s cooperation with the ongoing investigation. The court mandated the execution of a personal bond of ₹1,00,000 with a surety of the like sum. Furthermore, it was stipulated that the accused must cooperate with the investigative process, appear before the trial court as required (unless exempted), and refrain from tampering with evidence.
This legal episode is set against the grim backdrop of the Manipur violence, which reached a horrifying peak in July 2023 when a video of two women being paraded naked and molested went viral on social media. The incident, which occurred on May 4, 2023, later escalated to the gang rape of the women by a mob, as reported by Mint. The central government’s response included ordering a probe by the Central Bureau of Investigation (CBI) into the incident, while the Supreme Court took cognizance of the matter through a suo motu case following the widespread circulation of the video.
The Karnataka High Court’s ruling in this case underscores the delicate balance between freedom of expression and the potential for digital platforms to perpetuate harm. It also highlights the legal system’s adaptability in addressing the challenges posed by the digital age, especially in the context of sensitive socio-political issues. As the investigation continues, this case serves as a poignant reminder of the ongoing struggle to uphold justice and dignity in the face of violence and societal discord.
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