Andhra Pradesh High Court - Amravati
Gopala Krishna Kalanidhi vs The State Of Andhra Pradesh on 25 February, 2022
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION NOS.950, 953 AND 954 OF 2022
COMMON ORDER:-
These three criminal petitions under Section 439 of the
Code of Criminal Procedure, 1973 (for short "Cr.P.C."), are filed
to enlarge the petitioners on bail.
2. The petitioners are A-18 to A20 in the same crime in
RC0362020S0015 of CBI/VSKP/EO-III, New Delhi. Therefore,
these three petitions are heard together and they are being
disposed of by this common order.
3. A case under Sections 153A, 504, 505(2), 506 of the
Indian Penal Code, 1860 and under Section 67 of the
Information Technology Act, 2000, was registered against the
petitioners in the above crime.
4. Initially, on the report lodged by the then Registrar
General of High Court of Andhra Pradesh alleging that several
persons have posted comments in the social media like
Facebook, Twitter, YouTube etc., making certain wild and
reckless allegations against the High Court and Judges of the
High Court and the Judges of the Supreme Court with certain
aspersions relating to the Judgments delivered by the Judges of
the High Court and thereby that they indulged in the acts of
bringing down the image of the judiciary and the High Court in
the estimation of the members of the society, about 12 crimes
were registered by the C.I.D., Amaravati. Thereafter, as per
order dated 12.10.2020 passed by the High Court in
W.P.No.9166 of 2020, the investigation was taken up by the
2
C.B.I. Pursuant to the said orders of this Court, a common
F.I.R. was registered consolidating all the aforesaid 12 crimes in
view of the commonality of the allegations and the conspiracy
that was alleged in committing the said offences by various
persons.
5. The petitioners, as stated above, are A-18 to A20 in the
above crime registered by C.B.I.
6. Briefly stated, it is the case of the prosecution that A-18
and A-19 are the Advocates by profession. They have recorded a
selfi-video, making certain comments in relating to the direction
given by this Court to the C.B.I. to take up investigation in the
case of a Doctor who was subjected to humiliation by the Police
and made certain comments against the High Court in
entrusting the investigation in the said matter to the C.B.I. and
uploaded the said video with the said comments and aspersions
against the High Court in YouTube and also forwarded the said
video to Suman T.V., and the Suman T.V. has displayed the said
video with the comments of the A-18 and A-19 in YouTube
channel which had wide circulation. It is alleged that they made
the said unwarranted comments deliberately to tarnish the
image of the State Judiciary.
7. It is also the case of the prosecution that A-20 is a
Software Engineer and he has also posted a comment in the
Social Media i.e. in Facebook making certain reckless
allegations against the Judges of the High Court. Therefore, it is
alleged that he has also committed the aforesaid offences.
3
8. During the course of investigation, notice under Section
41A Cr.P.C. was given to all the three petitioners herein.
Pursuant to the said notice given to them, they appeared before
the C.B.I. After enquiry, the C.B.I. has arrested them on
12.02.2022
. Alleging that the petitioners did not cooperate with
the investigating agency to disclose the names of the persons,
who are behind the conspiracy that was hatched up in making
such comments by way of displaying the posts in the social
media, the C.B.I. has arrested them. Thereafter, they were
remanded to judicial custody.
9. Therefore, the petitioners have filed these petitions seeking
bail.
10. Heard learned counsel for the petitioners and learned
Special Public Prosecutor for C.B.I.
11. Learned counsel appearing for petitioners/A-18 and A19
would submit that the High Court has initiated contempt
proceedings also against the said persons, who had made such
comments against the High Court and the Judges in the social
media and A-18 and A-19 have tendered unconditional apology
in writing to the High Court and they have also repented for
making such comments against the High Court and the Judges
and the High Court has accepted the said apology tendered by
A-18 and A-19 and also closed the contempt case. Therefore,
they would submit that as the contempt proceedings initiated
against A-18 and A-19 are closed after accepting the apology
tendered by them, the criminal prosecution against them for the
same incident is not maintainable. Learned counsel for both A-
18 and A-19 would submit that they were already interrogated
by the police after police custody of A-18 and A-19 was granted
by the learned Magistrate and entire investigation as regards the
role relating to A-18 and A-19 in commission of the offence has
been completed. Therefore, they prayed for grant of bail to the
petitioners.
12. It is also stated that A-19 has been suffering from ailment
relating to his kidney and he has been undergoing treatment of
dialysis also and thereby prayed to grant bail to him on medical
grounds.
13. As regards, A-20 is concerned, learned counsel for the
petitioner/A20 would submit that he was also arrested on
12.02.2022 and he has also filed an affidavit before the High
Court tendering unconditional apology to the High Court for
making the said comments and the same is pending
consideration before the High Court. Therefore, he would also
pray for grant of bail to A-20.
14. Learned Special Public Prosecutor for C.B.I. vehemently
opposed the criminal petition. He would submit 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 and the very fact that they have
admitted their guilt in the affidavits filed in the contempt
proceedings would clearly establish that they are guilty of
committing the said offences. Therefore, he would submit that
they are not entitled to bail. He would also submit that the
investigation in this case is not completed and still some more
accused are to be arrested. However, he admits that police
custody of A-18 and A-19 was taken and they were interrogated
and that the video relating to their comments was also seized.
However, he would pray for dismissal of these criminal petitions.
15. Perused the record.
16. As regards A-18 and A-19 are concerned, as can be seen
from the order passed by the Division Bench of this Court in
C.C.No.501 of 2020, it is evident from it that both A-18 and A-
19 have in writing tendered unconditional apology to the High
Court and requested to drop the proceedings against them. This
Court has accepted the said apology tendered by A-18 and A-19
in their affidavits and closed the contempt proceedings against
them. Therefore, the said fact that the petitioners/A-18 and A-
19 have tendered unconditional apology, which was accepted by
the High Court and the fact that the contempt proceedings are
closed, by accepting their apology, can be taken into
consideration as a mitigating circumstance insofar as A-18 and
A-19 are concerned to consider their request for grant of bail.
Further, as can be seen from the material available on record
and particularly from the remand report, it is evident that the
C.B.I. has already examined the material witnesses relating to
the role played by A-18 and A-19 and they have also seized the
video recording from Suman T.V. along with the certificate.
They were also interrogated after taking police custody as per
the orders of the learned Magistrate. Therefore, as the major
part of investigation relating to the role played by A-18 and A-19
is concerned, has been completed and as they also tendered
unconditional apology to the High Court which was accepted
and contempt proceedings are closed, this Court is of the
considered view that in the said facts and circumstances of the
case, A-18 and A-19 are entitled to bail on certain conditions.
Although, the said conduct of A.18 and A.19 in making such
irresponsive comments against the High Court and the Judges
is most reprehensible in the nature of it, as discussed supra,
having regard to the fact that they tendered apology which was
already accepted by the High Court, this Court is inclined to
exercise discretion in their favour to enlarge them on bail.
17. However, as regards the petitioner/A-20 is concerned,
although he has filed his affidavit, tendering unconditional
apology in the contempt proceedings, still the same is pending
consideration before the High Court. The High Court did not
accept the same and did not close the contempt proceedings
against him. Therefore, he is not similarly placed with A-18 and
A-19. Further, the comment that was posted by him in the
social media is of serious nature which got effect of bringing
down the image of judiciary and the High Court and Judges in
the estimation of the members of the society. He being an
educated man and Software Engineer is not justified in making
such irresponsible comments against the Judiciary and the
High Court. Therefore, as his request to accept his apology is
still pending before the High Court and as investigation in this
case is pending against him, this Court is not inclined to enlarge
A-20 on bail at this stage.
18. Therefore, the Criminal Petition Nos.950 and 954 of 2022
are allowed. The petitioners, who are A-18 and A-19 are ordered
to be enlarged on bail on execution of self bond for Rs.50,000/-
(Rupees fifty thousand only) each with two sureties for a like
sum each to the satisfaction of IV Additional Junior Civil Judge,
Guntur. On their release, both A-18 and A-19 shall report
before the Investigation Officer i.e. Deputy Superintendent of
Police, Camp Office of C.B.I. in Vijayawada, once in a week
between 10-00 a.m. to 5-00 p.m. on every Monday till the entire
investigation in this case is completed and charge sheet is filed.
They shall not indulge in such acts of making comments in
social media against the Judiciary and the Judges. They shall
not tamper with the prosecution evidence. They must be
available to the Investigation Officer as and when required for
the purpose of investigation. A-18 and A-19 shall scrupulously
comply with the aforesaid condition and any infraction of the
same will be viewed very seriously.
The Criminal Petition No.953 of 2022 is dismissed.
_____________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date : 25-02-2022
ARR
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION NOS.950, 953 AND 954 OF 2022
Date : 25-02-2022
ARR
