ORDER:

This criminal petition is filed by the petitioner/A8 under section 437 and 439 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C”) seeking to release the petitioner/A8 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 26.5.2020 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.27 of 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.27/2020, the CID police have issued notices on 15.6.2020 and 25.6.2020 calling upon the petitioner to appear before them in connection with the said crime and accordingly, the petitioner has appeared on 30.11.2020. As per the remand report Samsung phone allegedly belonging to the petitioner was seized and the postings in the facebook were retrieved. On 30.11.2020, 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 21.10.2021. Hence the bail application.

4. On the other hand the C.B.I filed counter 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. On 15.6.2020, 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 through his Samsung mobile phone. The investigating authority seized his mobile. Again on 30.11.2020, 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 apart from the above stated postings, the petitioner posted 3 nos. of facebook posts in Telugu language against Hon’ble Judge of High Court of Andhra Pradesh and Hon’ble Chief Justice of India and the same were retrieved from his facebook account during the above proceedings. The investigation of this case is under process and the petitioner was arrested on 21.10.2021 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 i