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2025 Supreme(AP) 949
IN THE HIGH COURT OF ANDHRA PRADESH
Nyapathy Vijay, J.
S Bhargav Reddy - Petitioner
Versus
The State of Andhra Pradesh – Respondent
Criminal Petitions Nos.8059, 8114, 8320, 8545, 8550 and 8854 of 2024
Decided On : 07-05-2025
For the Petitioner: Sri Ponnavolu Sudhkar Reddy, senior counsel for Sri R.Yella Reddy
The court found the absence of prior chargesheets invalidated the applicability of Section 111 of the BNS, emphasizing the necessity to meet statutory conditions for alleging organized crime.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 111 - Information Technology Act, 2000 - Anticipatory bail applications presented amid allegations of derogatory social media posts as part of organized crime - Petitioner implicated as main accused by co-accused confessions - The absence of prior chargesheets precluding Section 111 applicability - Section 111's conditions regarding 'continuing unlawful activity' and 'material benefit' assessed. (Paras 22, 26, 29)
(B) Confessions - Weight of evidentiary relevance of co-accused's confessions questioned given the context of organized crime - Arguments for and against the evidentiary value of such confessions discussed. (Paras 20, 21)
Facts of the case:
The Petitioner, involved in multiple criminal cases regarding abusive social media posts, contests the applicability of Section 111 of the BNS due to the absence of requisite prior chargesheets.
Findings of Court:
The Court determines that the allegations do not sufficiently meet the legal criteria set by Section 111 of the BNS, calling for procedural adherence to Section 35(3) of BNSS for ongoing investigations.
Issues: Whether the Petitioner is entitled to anticipatory bail and whether Section 111 of the BNS applies given the absence of past chargesheets.
Ratio Decidendi: The Court highlights legal ambiguities regarding the definition of 'material benefit' and adherence to procedural requirements under Section 111 of the BNS, determining that the allegations don't meet the threshold for organized crime.
Result: Criminal Petitions disposed of; further procedures as per Section 35(3) mandated.
| Table of Content |
|---|
| 1. summary of cases leading to anticipatory bail requests (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 2. judicial reasoning on organized crime definition (Para 17 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 32 , 33 , 34) |
| 3. ruling on anticipatory bail applications (Para 18) |
| 4. legal arguments concerning section 111 of bns (Para 19 , 20 , 21) |
| 5. directives for the state government regarding social media conduct (Para 31 , 35) |
ORDER :
Nyapathy Vijay, J.
The present applications are filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. In all these petitions, Sajjala Bhargava Reddy is the Petitioner.
2. Brief facts of each of the case are as under:
3. Crl.P.No.8059 of 2024: The Petitioner is A.1 in Crime No.263 of 2024 on the file of Gudivada II Town Police Station, Krishna District filed for the offences under Sections 192, 196, 336(4), 340(2), 353(2), 79, 111(2)(b), 79 of BNS and Section 67 of the Information Technology Act, 2000.
4. A complaint was lodged on 3.11.2024 by one Akunuri Sriram Kanakabaram against Khaja Baba Mohammad regarding abusive posts in social media. Initially, Khaja Baba Mohammed was arrayed as Accused No.1 in the crime. During investigation, it came to light that Petitioner and others on behalf of YSRCP political party were allegedly paying Khaja Baba Mohammed for posting derogatory content and are the main accused in the case and hence, the Petitioner was implicated as A.1 in the crime.
5. Crl.P.No.8114 of 2024: The Petitioner is A.1 in Crime No.165 of 2024 on the file of Kadiri Rural Police Station, Sri Satya Sai District filed for the offences under Section 196 of BNS and Section 66 of the Information Technology Act, 2000. Sections 111(2), 61, 192, 196, 336(4), 340(2), 352(2) read with 3(5) of BNS and Sections 66 and 67 of the Information Technology Act, 2000 were added subsequently in the remand report.
6. A complaint was lodged on 02.11.2024 by one Shaik Mohhamed Juned against one Malaka Amarnath Reddy regarding abusive posts in social media and he was initially arrayed as Accused No.1. It is alleged that Malaka Amarnath Reddy voluntarily revealed that Petitioner and others on behalf of YSRCP political party were allegedly paying the original accused for posting derogatory content and are the main accused in the case and hence, the Petitioner was implicated as A.1 in the crime.
7. Crl.P.No.8320 of 2024: The Petitioner is A.1 in Crime No.213 of 2024 on the file of Prakash Nagar Police Station, East Godavari District filed for the offences under Sections 196 and 353(2) of BNS and subsequently Sections 61(2), 111(2)(b), 196, 336(4), 340(2), 353(2), 356(2) and Section 67 of the Information Technology Act, 2000 were added. A complaint was lodged on 07.11.2024 by one Borra Chinni Babu against one Inturi Ravi Kiran regarding abusive posts in social media. Based on the confession of the said Inturi Ravi Kiran, the Petitioner was implicated as A.1 in the crime.
8. Crl.P.No.8545 of 2024: The Petitioner is A.2 in Crime No.495 of 2024 on the file of Mangalagiri Rural Police Station filed for the offences under Sections 61(2), 79, 111 (1), 353 (2) of BNS and Sections 66E, 67 and 67A of the Information Technology Act, 2000.
9. A complaint was lodged on 17.11.2024 by one Kandru Rajesh Babu regarding abusive posts in social media against one Parvatha Sudhakar Reddy. Based on the complaint, the present Petitioner was implicated as A.2 in the crime.
10. Crl.P.No.8550 of 2024: The Petitioner is A.2 in Crime No.189 of 2024 on the file of Kothakota Police Station, Annamayya District filed for the offences under Sections 352, 353(1)(c) and 353(2) and subsequently, Sections 61(1)(a), 79, 111(2)(b) and 192 read with 3(5) of BNS and Section 67(a) of the Information Technology Act, 2000 were added in the remand report.
11. A complaint was lodged on 4.11.2024 by one Chakana Raja against one Kurmaiahgari Hanumantha Reddy regarding abusive posts in social
