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K. SREENIVASA REDDY
Borugadda Anil Kumar – Appellant
Versus
State of A. P. , Rep. by its PP. – Respondent
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
The court denied bail based on the petitioner's prior criminal history and the serious nature of allegations under organized crime provisions.
The court established that organized crime allegations require multiple prior charge sheets within ten years for statutory applicability, aligning with previous judicial standards.
To classify offences under organised crime, there must be admissible evidence of unlawful activity, which the petitioners lacked, justifying the granting of pre-arrest bail.
The absence of legally admissible evidence against the accused, particularly regarding organized crime, is crucial for granting bail under the Narcotic Drugs and Psychotropic Substances Act.
Bail application – Organised Crime – To attract offence under Section 111 (1) of BNS it is imperative that a group of two or more persons indulge in any continuing unlawful activity prohibited by law....
The court may grant bail under certain conditions even in serious allegations if continued detention serves no purpose.
Bail petitions granted for offences primarily classified as bailable; court emphasizes custodial interrogation unnecessary due to the completion of investigation.
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