Andhra Pradesh High Court - Amravati
Pradeep Kumar Reddy Chanda vs The State Of Andhra Pradesh on 17 October, 2022
1
THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY
CRIMINAL PETITION NO.8010 OF 2022
ORDER :
This Criminal Petition, under Sections 437 and 439
of the Code of Criminal Procedure, 1973 ( for short
"CrPC"), is filed seeking to release the petitioner/accused
on bail in CBI Case No.RC.7/E/2022-CBI/EO-III/NEW
DELHI, registered for the offences punishable under
Sections 153A, 504, 505 (2) and 506 IPC and 67 of the
Information Technology Act, 2000.
The allegation is that key personnel occupying posts
of prominence in the State by intentionally targetting the
Hon'ble Judges, made interviews/posts/speeches
attributing motives, caste and corruption related
allegations against some of the Judges of the Hon'ble
Supreme Court of India and the High Court of Andhra
Pradesh in delivering orders/judgments and posted
abusive, life threatening and intimidating posts against
higher judiciary on social media platforms viz. Facebook
Twitter, YouTube, on the judgments/orders delivered by
the Judges.
Learned counsel for the petitioner submits that the
petitioner was remanded to judicial custody on
12.09.2022 and since then he is in jail, and most of the
investigation is completed in the subject crime, and
hence, prays to consider his case for grant of bail.
A counter affifdavit has been filed by the Deputy
Superintendent of Police, Cyber Crime Investigation
Division, EO-III/Central Bureau of Investigation.
The learned Deputy Solicitor General of India
opposed the bail application stating that the investigation
revealed that the Tweets made by the petitioner are
promoting hatred among the public against the High
Court of Andhra Pradesh, created enmity between the
people of different groups and intentionally insulting High
Court as well as injured reputation/credibility of the High
Court. He further submitted that the Ministry of Home
Affairs (MHA), Government of India accorded sanction
under Section 196 CrPC. He submitted that investigation
in the subject crime is pending.
Perused the record. It is evident from the record
that the petitioner was issued a notice under Section 41A
CrPC and thereafter arrested on 12.09.2022. He is in
judicial custody for more than 35 days. Most of the
investigation is completed. Therefore, this Court feels
that detaining the petitioner in jail further would not in
any way improve the case of prosecution. Since most of
the investigation is completed and for the reason that the
petitioner is in jail since 12.09.2022, this Court is of the
view that request of the petitioner for grant of bail can be
considered, but on conditions.
Therefore, the petitioner shall be released on his
executing a personal bond for a sum of Rs.10,000/-
(Rupees ten thousand only) with two sureties for the like
sum each, to the satisfaction of the learned V Additional
Metropolitan Magistrate (for CBI Cases) at Vijayawada.
The petitioner is directed to co-operate with the
investigation.
Accordingly, the Criminal Petition is allowed.
As a sequel thereto, miscellaneous applications, if
any pending shall stand closed.
___________________________________
JUSTICE K.SREENIVASA REDDY
17.10.2022
DRK
HON'BLE SRI JUSTICE K.SREENIVASA REDDY
CRIMINAL PETITION NO.8010 OF 2022
17.10.2022
