Sri Khadar Samir Rathod vs The State Of Andhra Pradesh,
2022 Latest Caselaw 5166 AP

          THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

        CRIMINAL PETITION Nos.4830, 4829 & 4821 OF 2022

COMMON ORDER:

        These Criminal Petitions are filed under Sections 437 & 439 of

Criminal Procedure Code ('Cr.P.C.' in short), seeking regular bail, by the

petitioners/Accused Nos.22, 23 and 24 in Crime No. RC 15(S) of 2020

(RC03262020S0015)/CBI/ACB/Visakhapatnam) of Anti Corruption

Bureau Police Station, Visakhapatnam, registered for the offences

punishable under Sections 153A, 504, 505(2) and 506 of the Indian Penal

Code 1908 ('IPC' in short) and Section 67 of Information Technology Act,

2000.


2.      The facts of the case, in brief, are that initially on the complaints

lodged by the Registrar General, High Court of Andhra Pradesh, on the

allegation that the key personnel, who are occupying prominent posts in

the State of Andhra Pradesh, intentionally targeting the Hon'ble Judges

gave interviews, gave speeches attributing motives of caste and corrupt

allegations on some of the Hon'ble Supreme Court Judges and High Court

in delivering orders/judgments and they posted abusive, life threatening

and intimidating posting against the Judges in social media i.e. Facebook

and Twitter over recent judgments/orders delivered by the Hon'ble Judges

of the High Court of Andhra Pradesh. Basing on the said complaint Crime

No.16 of 2020 dated 16.04.2020, Crime No.17 of 2020 dated 18.04.2020,

Crime No.26 of 2020, dated 26.05.2020 and Crime No.27 of 2020, dated

26.05.2020, Crime No.28 of 2020, dated 26.05.2020, Crime No.29 of

2020, dated 26.05.2020, Crime No.30 of 2020, dated 26.05.2020 and

Crime No.31 of 2020, dated 26.05.2020              of Crime Investigation

Department Police Station, Amamravathi and Crime No.9 of 2020, dated
                                         2

26.05.2020; Crime No.10 of 2020, dated 15.06.2020, Crime No.11 of

2020, dated 15.06.2020 and Crime No.12 of 2020, dated 15.07.2020

registered by Cyber Crime Police Station, Crime Investigation Department,

Amaravathi. Subsequently, this Court by invoking Writ jurisdiction under

Article 226 of the Constitution of India, through Writ Petition No.9166 of

2020, vide order dated 12.10.2020, directed to the Central Bureau of

Investigation to take up investigation in all the above Crimes.

Accordingly, the above crime was registered clubbing all the crimes.


3.        Since the petitioners in all the Criminal Petitions herein are accused

in the above Crime (originally in Crime No.31 of 2020), the Criminal

Petitions are heard together and are disposed of under a common order.


4.        Heard Sri M. Vidyasagar, learned Counsel for the petitioners and Sri

Sravan Kumar Naidana, learned Special Assistant Public Prosecutor for the

respondent-State.

5. Learned counsel for the petitioners, in elaboration to what has

been raised in the grounds, contended that initially petitioners were not

arrayed as accused. They were arrayed as accused Nos.22, 23 and 24

after issuance of Section 41-A Cr.P.C. notice, dated 22.06.2022 and on the

same day, without following the guidelines issued in Arnesh Kumar v.

State of Bihar1, the petitioners were arrested and remanded to judicial

custody on the vague ground that the petitioners are planning to leave

Hyderabad to unknown place for hiding themselves to avoid appearance

during investigation/trial.

It is also contended that none of the allegations in the FIR attract

the provisions of Sections 153-A, 504, 505(2) and 506 of the Indian Penal

(2014) 8 SCC 273

Code and Section 67 of the Information Technology Act, 2000 as mens

rea is absent in the allegations.

Further, it is contended that prima facie case is not made out

against the petitioners warranting arrest, as the petitioners have fully

cooperated with the investigation and further they are willing to

cooperate.

It is also submitted that there are no criminal antecedents against

the petitioners. Further, the petitioners are the sole bread winner of their

families respectively.

It is also contended that the Accused Nos.7, 8 and 13 in FIR No.27

of 2020 were already enlarged on bail and sought to consider enlarging

the petitioners herein also on regular bail, on similar lines.

6. On the other hand, the learned Special Public Prosecutor for C.B.I.

opposed the Criminal Petitions on the ground that the petitioners have

deliberately made wild and reckless comments and allegations both

against the High Court and also the sitting Judges of the High Court.

Therefore, he would submit that they are not entitled for bail. Hence,

prayed for dismissal of the Criminal Petitions.

7. On perusal of the material on record it is evident that though the

petitioners have participated and made posting against the institution

However, considering the submissions of the both the counsel and in view

of the fact that the investigation is completed and the respondents have

filed charge sheet and as per the observations made by the Apex Court

way back in the year 1977 that the rule of criminal justice system is bail

not jail is being followed as on today and some of the accused were

already enlarged on bail by this Court, though there is force in the

submissions of the learned Special Public Prosecutor for CBI, but

considering the facts and taking the other circumstances into

consideration, this Court is inclined to grant bail to the petitioners on the

following conditions:

(i) The petitioners shall be released on bail on their executing self bond for Rs.50,000/- (Rupees fifty thousand only) each with two sureties each for a like sum each to the satisfaction of the learned V Additional Metropolitan Magistrate, Vijayawada;

(ii) After release, the petitioners shall appear before the Investigating Officer on every Wednesday and Saturday between 10.00 a.m. and 01.00 p.m., till completion of trial; and

(iii) The petitioners shall not leave Vijayawada without intimating the Investigating Officer.

Further, the petitioners shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and bail automatically gets cancelled without any further order of this Court.

It is made clear that this order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law and the findings in this order be construed as expression of opinion only for the limited purpose of considering the regular bail in the above crime and shall not have any bearing in any other proceedings.

Accordingly, the Criminal Petitions are allowed.

Miscellaneous applications, pending if any, shall stand closed.

________________________ JUSTICE RAVI CHEEMALAPATI 16th August, 2022 GBS