The court denied bail based on the petitioner's prior criminal history and the serious nature of allegations under organized crime provisions.

ORDER :

(K. Sreenivasa Reddy, J.)

This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/Accused, seeking regular bail in Crime No.179 of 2024 of Anantapur IV Town Police Station, Ananthapuramu district.

2. Originally, a case has been registered against the petitioner herein for the offences punishable under Sections 79, 351(2) and 196 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). Thereafter, during the course of investigation, the police added Sections 75 and 111 of the BNS and Section 67 of the Information Technology Act, 2000.

3. Case of the prosecution, in brief, is that, the petitioner/accused, YSRCP Social Media Activist, gave an interview to Telugu popular TV channel reporter Koradaramana Murthy, videographed by Anumandla Venugopal, at the residence of the petitioner/accused and the same was telecasted in Face-book through Telugu popular channel on September 7th, 2023 at 05.14 PM with the tagline as “Lokesh Bharya Hayath Park lo Rahul Gandhitho Enduku…? Nara Bhuvaneswari Personals Pai Borugadda Anil Kumar Sanchalana Comments”. The petitioner/accused also gave life threat warning to Sri Nara Chandra Babu Naidu, commented on CJI, Judges of Supreme Court and High Court, using an un-parliamentary language. The comments made by the petitioner/accused, which were telecasted on Face-book and You Tube channels through Telugu popular TV channel are criminal in nature like insulting the modesty of women, damaging the reputation of respected people, criminal intimidation, life threatening and promoting enmity between different groups by spreading an offensive video interview.

4. Learned counsel for the petitioner submitted that to attract Section 111 of the BNS, there has to be continuing unlawful activity and the prosecution failed to state as to how the offences under Section 111 of the BNS would arise.

5. On the contrary, learned Assistant Public Prosecutor submitted that apart from the present case, which has been registered against the petitioner herein, two charge sheets were filed against the petitioner herein under Cyber Crimes in the years 2020 and 2021, which were taken on file as (1) CC No.1259 of 2020 on the file of the learned II Judicial Magistrate of First Class, Machilipatnam, Krishna district and (2) CC No.1363 of 2021 on the file of the Judicial Magistrate of First Class, Mobile Court, Machilipatnam, Krishna district. He further submits that the petitioner herein is also accused in a POCSO case bearing Spl.SC No.763 of 2022 on the file of the POCSO Court, Machilipatnam, hence the provisions under Section 111 of the BNS would attract against the petitioner herein.

6. Heard. Perused the material on record.

7. Section 111 of the BNS, reads as follows.

“Section 111 – Organised Crime:- (1) Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, cyber-crimes having severe consequences, trafficking in people, drugs, illicit goods or services and weapons, human trafficking racket for prostitution or ransom by the effort of groups of individuals acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, corruption or related activities or other unlawful means to obtain direct or indirect, material benefit including a financial benefit, shall constitute organised crime.

Explanation: For the purposes of this sub-section,

i) “benefit” includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute;

ii) “organised crime syndicate” means a criminal organisation or group of three or more persons who, acting either singly or collectively in concert, as a syndicate, gang, mafia, or (crime) ring indu