It is good to learn that a Sessions Court in Bengaluru has observed in clear, cogent and convincing terms in a latest, learned, laudable and landmark judgment titled Dr CS Dwarakanath Vs State of Karnataka in Crl. Misc. No. 4383/2021 delivered on 20 May, 2021 that when the entire nation is facing a medical emergency situation due to the spread of Covid-19, it is the responsibility of the editor and concerned officers of the newspaper to ascertain whether publication of any news would disturb peace and harmony of the communities of the society.

At a time when our country is facing medical emergency, it is the bounden duty of the media which includes newspapers also to verify right at the outset as to whether the COVID related reports are true or not so as to avoid provocation and panic among the people. We all know that daily newspapers have immense circulation among the public and so any rumour or provocating news can spread a lot of panic which has to be avoided at all costs especially in a time like this when a deadly disease like corona has engulfed not just India but most of the countries of the world!

To start with, Sri Rajeshwara who is LXIV Addl. City Civil & Sessions Judge (CCH-65) at Bengaluru in his order on bail application filed U/S 438 of Cr.P.C. sets the ball rolling by first and foremost observing in para 1 that, Petitioner has filed this petition U/s. 438 of Cr.P.C., seeking the relief of anticipatory bail in Cr.No.82/2021 of Yelahanka New Town police station, Bengaluru for the offences punishable U/s. 153A, 504, 506, 153B, 505(2) of I.P.C., pending on the file of XXXIII Addl. Chief Metropolitan Magistrate, Bengaluru.

To put things in perspective, it is then pointed out in para 2 that:
In the anticipatory bail petition, petitioner has submitted that, he is innocent of the alleged offences. He has got valid and tenable defence in his favour. He has been falsely implicated in this case. Allegations made against him is totally false. He has not committed alleged offences. There is no reasonable ground to believe that, he has committed alleged offences. There are no materials to connect him to the alleged offences. Alleged offences are not punishable with death or imprisonment for life. He is permanent resident of the address mentioned in the cause title of the petition. He hails from respectable family and is having deep roots in the society. He is ready to abide by terms and conditions and undertake to furnishings sureties for his release on bail. For the said reasons, petitioner has prayed to release him on anticipatory bail.

As we see, after hearing the arguments of both the sides, it is then observed in para 5 that:
Now, following are points arising for determination:

1. Whether petitioner/accused is entitled to be released on anticipatory bail U/s. 439 of Cr.P.C.?
2. What Order?

As a corollary, it is then stated in para 6 that:
It is answered for the aforesaid points as under:
Point No. 1: In the Affirmative.

Point No. 2: As per final order below, for the following:
To say the least, it is then stated in para 7 that:
POINT NO. 1:- Along with petition, petitioner has produced copies of FIR No. 82/2021 dated 12.5.2021 registered in the respondent police, aadhar card of the petitioner.

As it turned out, it is then disclosed in para 8 that:
In the F.I.R. this petitioner is arrayed as accused No. 2. Allegations made against the accused in the First Information Statement (FIS) as well as in the F.I.R. is that on 9.5.2021, accused persons hatched çonspiracy to publish defamatory articles against Prime Minister of India, Chief Minister of Karnataka State. In this regard, accused persons have entered into an Agreement. In furtherance of the said criminal conspiracy, accused persons have published defamatory article in 'Prajavani' Kannada daily newspaper on 9.5.2021 in which false, fictitious article was published. In the said article, false allegations against Prime Minister of India, Chief Minister of Karnataka and other ministers was made in order to promote enmity between different groups, bodies, prejudicial to harm communal peace and harmony in the society.

Quite significantly, it is then pointed out in para 11 that:
Considering facts and circumstances of the case, following factors are to be taken into consideration to determine whether anticipatory bail petition filed by the petitioners shall be allowed or not.

While dealing with the first factor, it is then stated in para 12 that:
Firstly, nature and gravity of the accusation. No doubt that allegations made against petitioner is a serious allegation. However, advocate for the petitioner has submitted that, allegations made against petitioner/accused is false. Investigation is in progress. To substantiate the accusation, investigation agency has to collect such materials to establish involvement of this petitioner/accused. Allegations made by the informant against petitioner has to be investigated to know whether allegations satisfy ingredients required for offences punishable U/s. 153A, 506, 504, 153B, 505(2) of I.P.C.

While dealing with the second, it is then envisaged in para 13 that:
Second aspect to be taken into consideration is antecedents of the petitioner/accused including the fact as to whether he has previously undergone imprisonment on conviction by court in respect of any cognizable offence. There is no such material that is forthcoming in the statement of objections filed by the prosecution to show that this petitioner is previously convicted in respect of any cognizable offence.

Now coming to the third one, it is stated in para 14 that:
Third aspect to be taken into consideration is that, whether accusation has been made with the object of injuring or humiliating applicant by having him so arrested. Said fact has to be investigated.

What's more, it is then stipulated in para 15 that:
Fourth aspect to be taken into consideration is possibility of the petitioner's flee from justice. Petitioner/accused submitted that, he has got deep roots in the society. In the petition, petitioner undertakes to abide by terms and conditions and offered to furnish surety for his release on bail. Hence, possibility of applicant flee from justice is remote.

Most significantly, it is then made amply clear in para 16 that:
Press, particularly daily newspapers have immense circulation among public. 'Prajavani' is also one of such Kannada daily newspaper, having vast circulation. It is the responsibility of the editor and concerned officers of the newspaper to ascertain whether publication of any news would disturb peace and harmony of the communities of the society. Further it is the duty of the editor and publisher to verify the truth of the news, before publication of the same in their newspaper.

Any dereliction, negligence on the part of the editor, publisher of the newspaper would cause severe damage to the safety of the public harmony among communities in the society. Public peace and tranquility is the prime issue to be maintained in the civilized society. Court can take judicial notice that entire nation is facing medical emergency situation due to spread of Covid-19 infection in an alarming manner.

It is also true that despite all attempts, it is not possible to the government to supply required medicine, oxygen and other life saving materials within time. In such situation, publishing articles like the present one, could provoke relatives, supporters of the deceased who died due to Covid-19 infection. Considering the peculiar circumstances of the case, this court is of the opinion that imposing stringent conditions upon the petitioner to avoid repetition of incidents alleged in this case, is utmost necessary. Further, rest of the apprehensions made out by the prosecution may be taken care by imposing other conditions. Offences alleged are neither punishable with death nor imprisonment for life. Hence, point No. 1 is answered in the affirmative.

Finally, it is then held by Sri Rajeshwara who pronounced this judgment in para 17 that:
POINT NO. 2: In view of the aforesaid discussion, the following order is made:

ORDER
Anticipatory bail petition filed by petitioner/accused on bail in the event of his arrest in Cr.No.82/2021 of Yelahanka New Town police station, Bengaluru for the offences punishable U/s. 153A, 504, 506, 153B, 505(2) of I.P.C., pending on the file of XXXIII Addl. Chief Metropolitan Magistrate, Bengaluru by taking personal bond for Rs. 1,00,000/- (one lakh) with two sureties for the like sum under following conditions

1. Petitioner/accused shall appear before Investigating Officer and co-operate with investigation within 30 days from the date of this order and make himself available for investigation as and when called by the Investigating Officer
2. Petitioner shall not participate directly or indirectly in any manner in publication of any type of articles in social media including newspaper which could cause provocation for breach of peace and tranquility of the society.
3. He shall appear before jurisdictional Magistrate, Bengaluru and execute personal bond for Rs. 1,00,000/- (one lakh) with two sureties for the likesum within one month from the date of this order.
4. He shall furnish documents regarding his address proof and the address proof of his sureties before the jurisdictional Magistrate at the time of furnishing sureties.
5. After lifting of lock down, he shall mark his attendance at respondent police station on 1st and 3rd Sunday of every month in between 10.00 a.m. and 2.00 p.m., till conclusion of trial.
6. He shall not directly and indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Investigation Officer and to the trial court.
7. He shall not commit any offence similar to the offence of which he is accused.
8. Violation of any one of the aforesaid conditions, bail granted herein shall automatically stands cancelled.

In sum, the bottom-line of this extremely commendable judgment delivered by Additional Sessions Judge Rajeshwara in Bengaluru is that newspapers must be most vigilant before publishing COVID related report to avoid panic and provocation during medical emergency.

This would also ensure that peace and tranquility remains which is so much imperative also in this hour of deep crisis! The editor and concerned officers of the newspaper must take all precautions to ensure that the publication of any news does not disturb peace and harmony of the communities of the society. We thus see that anticipatory bail was granted to advocate Dr. C.S. Dwarkanath with respect to an FIR registered over an advertisment allegedly published by him against the government's handling of COVID situation. Very rightly so!

Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh.