Smt Sarbanu Khatun, a housemaid from West Bengal, secures bail considering her personal circumstances and lack of intent to offend.
In a significant judgment, the Karnataka High Court has granted bail to Smt Sarbanu Khatun, a 25-year-old housemaid originally from West Bengal, who was accused of shouting slogans deemed offensive under the Bharatiya Nyaya Sanhita, 2023. The case, registered as Crime No. 23/2026, involved allegations that Khatun shouted "Jai Bangla" instead of "Jai Bharat Mata Ki Jai" during a local operation to clear unauthorized huts.
The incident, which occurred on January 11, 2026, was captured on social media, prompting the police to arrest Khatun the following day. She has been in judicial custody since January 12, 2026. The prosecution argued that her actions were intended to hurt national sentiments and posed a threat to national unity and sovereignty.
However, Justice S Rachaiah, presiding over the case, considered the personal circumstances of the petitioner. Khatun, a mother of two minor children, was described as having no intention of offending Indian sentiments. Her actions were perceived as a response to provocation, aimed at avoiding further conflict during the incident.
The court, after reviewing the facts and circumstances, determined that granting bail would be appropriate. The judgment emphasized that suitable conditions would address the prosecution's concerns about the potential risk of Khatun absconding, given her permanent residency in West Bengal.
The bail was granted with several conditions. Khatun is required to execute a personal bond of Rs. 1,00,000, along with a local surety of an equivalent amount. She must not commit any similar offenses while the case is pending and is required to appear before the trial court on all hearing dates. Additionally, Khatun is prohibited from tampering with prosecution witnesses.
Justice Rachaiah's order highlights the court's balanced approach in weighing the petitioner’s personal obligations against the allegations. It underscores the judiciary's recognition of individual circumstances and the importance of ensuring justice while maintaining public order.
The case serves as a pertinent reminder of the nuanced nature of legal proceedings, especially those involving allegations of actions that may impact national sentiments. It also reflects the court's commitment to upholding justice by considering the broader implications of individual actions within the context of societal norms.
Bottom Line:
Bail granted to a petitioner accused of uttering slogans deemed as offensive under Bharatiya Nyaya Sanhita, 2023, considering her personal circumstances and lack of intent to hurt sentiments.
Statutory provision(s): Sections 152, 196, 197(1), 353(1) of Bharatiya Nyaya Sanhita, 2023
Smt Sarbanu Khatun v. State Of Karnataka, (Karnataka) : Law Finder Doc id # 2867394
