The Karnataka High Court has granted bail to a 25-year-old woman from West Bengal who had been arrested in January for shouting “Jai Bangla” during a demolition drive in Bengaluru.
On March 11, Justice S Rachaiah noted that Sarbanu Khatun was “instigated” to shout “Jai Bharath Mata Ki Jai”. Khatun shouted “Jai Bharath Mata Ki Jai” thrice after saying “Jai Bangla” once, he added.
The court also took into account that the woman had two minor children to take care of.
“…it is appropriate to grant her bail by imposing suitable conditions that would take care of the apprehension of the prosecution,” the judge said in his order.
Advocate Rashif Nayarmoole, appearing for Khatun, said that the incident had taken place during a demolition drive to remove unauthorised houses on a plot of land in Anekal Taluk.
Khatun is a resident of West Bengal’s Nandigram and works as a domestic worker in Bengaluru.
A video of her, along with others, shouting slogans during the drive was circulated widely on social media. Subsequently, a complaint was filed against the woman and a first information report was registered at the Hebbagodi police station on January 11.
The case was filed under the Bharatiya Nyaya Sanhita sections pertaining to promoting enmity between different groups on grounds of religion, race, place of birth, residence, etc, and making false statements with the intent to commit mischief.
Section 152 pertaining to acts that endanger the sovereignty, unity and integrity of India was also invoked. Critics have described this section as a “reincarnation” of the repealed sedition law under the erstwhile Indian Penal Code.
Khatun was arrested in the matter on January 12.
An additional sessions and district judge at Anekal had earlier rejected Khatun’s application for bail, after which she moved the High Court.
In the High Court, the counsel for the state government submitted that an Indian national should not have shouted “Jai Bangla”, which hurt the sentiments of Indians.
However, Nayarmoole submitted that the woman had no intention to hurt the sentiments of Indians. “When she was provoked to say ‘Jai Bharat Mata Ki Jai’, in order to avoid further conflict, she might have uttered such slogan,” the High Court order quoted the advocate as submitting.
The advocate also argued that no action was taken against those who provoked her to shout the slogans. Nayarmoole added that the police registered a suo motu case based only on a social media video without conducting a preliminary inquiry.
Granting the woman bail, the judge directed Khatun to execute a personal bond of Rs 1 lakh, along with a local surety to the same amount.
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