ORDER :

This criminal petition is filed by the petitioner/A7 under section 437 and 439 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C”) seeking to release the petitioner/A7 on bail in RC 15(S)/2020 (RC03262020S0015)/CBI/ACB/Visakhapatnam) on the file of the CBI, ACB, Visakhapatnam. The offences against the petitioner are under Section 153-A, 504, 505(2), 506 of the Indian Penal Code, (for short IPC) and Sec.67 of Information Technology Act, 2000.

2. As per the averments in the petition, the then Registrar General of the High Court of Andhra Pradesh has lodged a complaint dated 24.5.2020 against the petitioner and certain others alleging about posting of certain comments against the Hon’ble Judges of High Court thereby trying to scandalize and lower the image of the High Court and Hon’ble Judges. Initially F.I.R.No.26/2020 was registered against this petitioner on the file of Crime Investigation Department police station where under the petitioner was charged with offences under Sections 505(2) and 153-A of IPC. Through order dated 12.10.2021 in Writ Petition No.9166 of 2020, the High Court has directed transfer of the above said F.I.R to Central Bureau of Investigation for investigation. Thus RC 15(S)/2020 (RC03262020S0015)/CBI/ACB/Visakhapatnam) has been registered against the petitioner.

3. Pursuant to the registration of F.I.R.No.26/2020, the petitioner appeared before the CID police on 22.11.2020. As per the remand report the postings in the facebook were retrieved and seized the Celkon Tab 4G Tab-8 of the petitioner and forwarded the same to APFSL who in turn opined on 25.11.2020 that the said tab is in working condition and reported that the content of some postings were found in the tab memory. The petitioner was examined by the Central Bureau of Investigation (for short C.B.I.) at its camp office at Vijayawada before the independent witnesses. The petitioner was arrested on 22.10.2021. Hence the bail application.

4. On the other hand the C.B.I filed counter in Crl.P.No.5905 of 2021 in which it has submitted that pursuant to the orders of this court in W.P.No.9166 of 2020 dated 12.10.2020 this case was registered on 11.11.2020 under Section 153A, 504, 505(2), 506 IPC and Section 67 of Information Technology Act, 2000 in CBI, ACB, Visakhapatnam against this accused and other 15 persons. The role of the accused is that he has commented through his facebook account expressing his anger against the judgments given by the Hon’ble Judges of the High Court of Andhra Pradesh. The presence of the accused was obtained and on questioning, the accused revealed his details and further stated that he has facebook account and admitted that he himself posted the postings against the Hon’ble Judges of High Court of Andhra Pradesh. Again the presence of the accused was secured and during the proceedings he stated that since AP High Court gave judgments against the decisions of Government of AP, as he wanted to post postings against the said judgments, he posted various posts in his facebook account.

5. It is further submitted that the investigation of this case is under process and the petitioner was arrested on 22.10.2021 and produced before the Court below and now he is in judicial custody. C.B.I has also field police custody petition in the Court below and it is pending for orders. The petitioner is influential person and if he is enlarged on bail, there is every possibility of influencing the witnesses. Hence prayed to dismiss the petition.

6. Heard both sides.

7. Learned Senior Counsel Sri C.V.Mohan Reddy, appearing on behalf of the petitioner has mainly contended that the investigation is completed in this case and in the remand report, the petitioner has revealed about having facebook account in his name and he also accepted the postings and sharing of the articles about social, health and political activities. He also admitted his guilt that he posted the said postings in his facebook account. Now he has confessed that the s