This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., seeking regular bail in Crime No.142/2016 of Kembhavi Police Station, Yadgiri, registered for the offence punishable under Section 295(A) of IPC.

2. Brief facts leading to filing of the complaint are that, on 09.11.2016 at about 1:45 p.m. accused with an intention to outrage religious feelings of Muslim community in his facebook by using mobile internet in mobile bearing No.8548920303 shown the photo of Lord Rama in their holy place Mecca Kaba thereby insulted their religious beliefs. On the basis of the complaint a case has been registered against the accused petitioner.

3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.

34. The main grounds urged by the learned counsel for the petitioner are that petitioner is innocent, he is young boy who is pursuing his studies in BA-I year. The material which has been produced is not going to attract the provisions of section 295 (a) of ipc and it is also very vague. It is further contended that no further investigation is required in this case so as to keep the accused petitioner in custody. It is further contended that offences levelled against him are not punishable with death or imprisonment for life. It is also contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, he prays for allowing the petition.

5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the alleged offence is non bailable and it is serious one which is going to affect the 4religious feelings of the said community at large and there will be communal problem. If at this juncture, the petitioner is released on bail, there is likelihood of he being absconded and he may not be available for trial. On these grounds, he prays for dismissal of the petition.

6. I have gone through the copy of the FIR, complaint and other material produced along with the petition. As could be seen from the complaint, it reveals that police have registered a case against the petitioner under Section 295(A) the said offence is not punishable with death or imprisonment for life. Even the facebook through which the said photo and other material which has been placed in internet will be available for the purpose of investigation and there will be material to connect the accused in this behalf. In that light he is not required for custodial interrogation, when the alleged offence is not punishable with death or imprisonment for life. The petitioner accused is said to 5be permanent resident of Mudnur village and has got movable and immovable property and ready to abide by the conditions imposed it is just and proper to release the petitioner on bail to meet the ends of justice.

7. For the aforementioned reasons, the petition is allowed and petitioner/accused is ordered to be released on bail, subject to the following conditions:

i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court; ii) He shall not indulge in hampering the investigation or tampering the prosecution witnesses; iii) He shall make himself available to the Investigating Officer as and when required; 6iv) He shall appear before the concerned Court regularly. Sd/- JUDGE Sdu Ct: MHS