Andhra Pradesh High Court Grants Anticipatory Bail in Organized Crime Case Over Alleged Defamatory Posts on CM Naidu
In a notable judgment, the Andhra Pradesh High Court has granted anticipatory bail to a man accused of organized crime under Section 111 of the Bharatiya Nagarik Suraksha Sanhita (BNS) and posting allegedly defamatory content against Chief Minister N Chandrababu Naidu and Deputy Chief Minister Pawan Kalyan on social media. The prosecution alleged that the posts incited political unrest and had the potential to spark violence.
Case Background
The accused was booked for posting content on social media platforms that was deemed derogatory towards high-ranking political figures in Andhra Pradesh. The prosecution argued that these activities were part of a larger orchestrated effort amounting to organized crime under BNS Section 111. They claimed the posts caused political disturbances and could incite violence among communities.
Observations by the Court
Justice Harinath N, while granting relief, referred to the Supreme Court’s precedent in Mohamad Iliyas Mohamad Bilal Kapadiya vs. the State of Gujarat. In that case, the Court clarified that more than one charge sheet must have been filed against the accused within the preceding ten years under the relevant state law for invoking organised crime provisions.
Drawing parallels, the High Court noted that Section 111 of the BNS pertains to organized crime and is analogous to similar provisions under state-specific organized crime laws. The Court observed that the prosecution had not substantiated its claim with evidence of multiple charge sheets against the accused, undermining the applicability of the organized crime charge.
Given the same, the high court granted anticipatory bail subject to certain conditions.
"The petitioners shall be released on bail in the event of arrest on furnishing a personal bond of Rs.10,000/- with two sureties for a like sum, to the satisfaction of the Station House Officer, Kankipadu Police Station. The petitioners shall cooperate with the investigation as and when required. With the above conditions, the criminal petition is allowed," the court directed.
Case title: Pesala Sivashankar Reddy vs. State of AP
