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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
HARINATH N.
Pesala Sivashankar Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. The petitioner is arraigned as Accused No.1 in Crime No.411 of 2024 at Kankipadu Police Station, Krishna District, registered under Sections 192 , 196, 336(4), 340(2), 353(2), 61(2), 111(2)(b) B.N.S, 67 of Information Technology Act, 2000-2008.
2. It is alleged that the de facto complainant noticed a posting on the social media platform Facebook on 08.11.2024 posted by the petitioner. The posting related to defamatory content concerning the Deputy Chief Minister and the Chief Minister of the State, with the intention to defame both. The petitioner is alleged to have used abusive language in the said posting. The posting is further alleged to have caused political disturbance that could lead to escalated violence. A complaint was lodged by the de facto complainant.
3. The learned counsel for the petitioner submits that the petitioner has been made an accused in two other crimes for the same postings. However, in those cases, the petitioner was not alleged to have committed offenses under Section 111 (2)(b) of the Bharatiya Nyaya Sanhita ( BNS ), 2023. The learned counsel for the petitioner submits that to attract an offense under Section 111 , the mandate of the section requ
The court established that organized crime allegations require multiple prior charge sheets within ten years for statutory applicability, aligning with previous judicial standards.
The court denied bail based on the petitioner's prior criminal history and the serious nature of allegations under organized crime provisions.
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.
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.
To establish organised crime under Section 111 of the BNS, more than one charge sheet must be filed against the accused within ten years; absence of such negates the offence.
The court upheld the retrospective application of the B.N.S. provisions, confirming that prior charge sheets and cognizance taken are sufficient to establish cognizable offences under organized crime....
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....
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