The 81st Additional City Civil and Sessions Judge, Bengaluru, and Special Court for Criminal Cases against elected representatives, on Wednesday granted anticipatory bail to Mangaluru City MLAs D. Vedavyas Kamath and Y. Bharath Shetty, and three others in a case pertaining to St. Gerosa English Higher Primary School in Mangaluru.
The judge Santhosh Gajanan Bhatt directed the Mangaluru South police to release all the five persons on bail, in event of their arrest in the case, on executing a personal bond for ₹1 lakh each with one surety for the like sum. The judge directed all the five petitioners to appear before the investigation officer when they are called. They were also asked not to threaten prosecution witnesses and not to commit any other similar offences. In case of breach of any of the conditions, the bail will be cancelled, the judge noted in his judgement.
Mr. Kamath, Dr. Shetty, Vishwa Hindu Parishad leader Sharan Pumpwell and two Mangaluru City councillors Sandeep Garodi and Bharath Kumar, were named as accused in the case registered by the Mangaluru South Police on February 14.
The complainant Anil Gerald Lobo, a local resident, accused the two MLAs and others of promoting enmity among groups by staging a protest outside St. Gerosa School in Jeppu on February 12. The protest was to demand action against English teacher Sister Gerosa for her alleged derogatory remarks on Ram and Hinduism in the classroom. The school has denied its teacher made any such remarks.
The two MLAs and three others filed for anticipatory bail under Section 438 of Criminal Procedure Code before the Special Court on February 16. On the same day, the court had granted interim anticipatory bail.
In the order allowing the main bail application, the judge said looking at averments in the complaint it was not forthcoming that the petitioners (two MLAs and three others) themselves were responsible for sending through WhatsApp the audio messages containing allegations against Sister Prabha. The petitioners, the judge pointed, were responsible persons in the society holding high post of peoples representatives.
“Under the circumstances, unless it is pointed out that the petitioners themselves were responsible for inciting the people to create ruckus near the school or threatening Sister Prabha or goading school authorities to initiate action against her without there being any fault on her part, the petitioners cannot be denied of bail,” the judge stated.
As the material furnished by investigation agency showed that custodial interrogation of petitioners was not required, the contention of the prosecution to reject anticipatory bail does not hold water, the judge observed.
