APHC010551852024 IN THE HIGH COURT OF ANDHRA PRADESH [3460]

AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO: 8869/2024 Between:

Meda Krishna ...PETITIONER/ACCUSED AND State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT CRIMINAL PETITION NO: 9074/2024 Between:

Meda Krishna ...PETITIONER/ACCUSED AND The State Of Ap ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:

1. ANANDA KUMAR VEJANDLA Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR The Court made the following:

HON’BLE SRI JUSTICE NYAPATHY VIJAY Criminal Petition Nos.8869 and 9074 of 2024

COMMON ORDER:

The present applications are filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. In both the criminal petitions, the Petitioner is Meda Krishna.

2. Brief facts of each of the case are as under:

3. Crl.P.No.8869 of 2024: The Petitioner is Accused in Crime No.949 of 2024 on the file of Penamaluru Urban Police Station, Krishna District filed for the offences under Sections 192, 352, 353 (2) and 111(2) (b) of BNS and Section 67 of the Information Technology, Act, 2000.

4. A complaint was lodged on 29.11.2024 by one Sunkara Phalguna Sai Naren stating that he is General Secretary of Telugu Desam Party for Tadepalli Municipality‟s 33^rd Division. On 29.11.2024 at about 9.58 p.m., the complainant received information from known associates regarding false allegations being spread against Hon‟ble MLA of Penamaluru Constituency Sri Bode Prasad through the News 360 Telugu YouTube channel and was shared in a whatsapp group named “Amaravathi”.

5. As per the complaint, the post against the MLA was deliberately fabricated and provocative allegations were made against the MLA, which was presented as news to discredit their leader. It is further mentioned in the complaint that false narratives were being circulated in social media platforms urging others to create unrest and the same was shared in multiple groups with an intent to extort money by threatening the individuals targeted by these posts.

6. Crl.P.No.9074 of 2024: The Petitioner is A.4 in Crime No.332 of 2024 on the file of Vuyyuru Town Police Station, Krishna District filed for the offences under Sections 192, 352, 353 (2), 111(2) (b) read with Section 3(5) of BNS and Section 67 of the Information Technology, Act, 2000.

7. The allegations in this crime are made verbatim similar to allegations made in Crime No.949 of 2024 on the file of Penamaluru Police Station, Krishna District. Based on the complaint, Petitioner was implicated as A.4 in this crime.

8. The offence alleged, in short, was that derogatory/abusive posts were spread in social media platforms against the rival political leaders holding Constitutional posts.

9. Heard Sri Vejandla Ananda Kumar, learned counsel for the Petitioner and learned Public Prosecutor for the Respondents.

10. Contentions: It is the contention of the learned counsel for the Petitioner that the complainant does not have any locus standi to file the complaint as even if the allegations are defamatory as alleged in the criminal case, only the affected party can file the complaint and third party is not entitled to file a complaint. Learned counsel for the Petitioner further contended that the Petitioner is Bureau Chief of 360 News Media, a Satellite Channel and is committed to responsible dissemination of information and that the Petitioner nor the members of the team were involved in publishing false information through their news reporting.

11. Learned Public Prosecutor submitted that the nature of allegations are such that any member of the General Public is entitled to file a case as their elected leader is being vilified by false allegations.

12. Having heard the respective counsel, prima facie, the nature of allegations that are mentioned in the complaint are primarily regarding defamatory content against Sri Bode Prasad and