Borugadda Anil Kumar v. State of A. P. , Rep. by its PP.
2025-01-02
K.SREENIVASA REDDY
body2025
DigiLaw.ai
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 Chandra Babu Naidu, commented on CJI, Judges of Supreme Court and High Court, using an un-parliamentary language. The comments made by the petitioner/accused, which were telecasted on Face-book and You Tube channels through Telugu popular TV channel are criminal in nature like insulting the modesty of women, damaging the reputation of respected people, criminal intimidation, life threatening and promoting enmity between different groups by spreading an offensive video interview. 4. Learned counsel for the petitioner submitted that to attract Section 111 of the BNS, there has to be continuing unlawful activity and the prosecution failed to state as to how the offences under Section 111 of the BNS would arise. 5. On the contrary, learned Assistant Public Prosecutor submitted that apart from the present case, which has been registered against the petitioner herein, two charge sheets were filed against the petitioner herein under Cyber Crimes in the years 2020 and 2021, which were taken on file as (1) CC No.1259 of 2020 on the file of the learned II Judicial Magistrate of First Class, Machilipatnam, Krishna district and (2) CC No.1363 of 2021 on the file of the Judicial Magistrate of First Class, Mobile Court, Machilipatnam, Krishna district.
He further submits that the petitioner herein is also accused in a POCSO case bearing Spl.SC No.763 of 2022 on the file of the POCSO Court, Machilipatnam, hence the provisions under Section 111 of the BNS would attract against the petitioner herein. 6. Heard. Perused the material on record. 7. Section 111 of the BNS, reads as follows. “Section 111 – Organised Crime:- (1) Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, cyber-crimes having severe consequences, trafficking in people, drugs, illicit goods or services and weapons, human trafficking racket for prostitution or ransom by the effort of groups of individuals acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, corruption or related activities or other unlawful means to obtain direct or indirect, material benefit including a financial benefit, shall constitute organised crime. Explanation: For the purposes of this sub-section, i) “benefit” includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute; ii) “organised crime syndicate” means a criminal organisation or group of three or more persons who, acting either singly or collectively in concert, as a syndicate, gang, mafia, or (crime) ring indulging in commission of one or more serious offences or involved in gang criminality, racketeering, and syndicated organised crime; iii) “continuing unlawful activity” means an activity prohibited by law, which is a cognizable offence undertaken either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent court within the preceding period of ten years and that court has taken cognizance of such offence; iv) “economic offences” include criminal breach of trust; forgery, counterfeiting of currency and valuable securities, financial scams, running Ponzi schemes, mass-marketing fraud or multi-level marketing schemes with a view to defraud the people at large for obtaining the monetary benefits or large scale organised betting in any form, offences of money laundering and hawala transactions. 8.
8. A perusal of the above provision goes to show that any continuing unlawful activity including kidnapping, cyber-crimes etc., having severe consequences, by any person or group of persons acting in concert, singly or jointly, by use of violence, threat of violence, intimidation, coercion, or related activities shall constitute organised crime. Further, as per Clause (1)(iii) of Section 111, continuing unlawful activity means an activity prohibited by law, which is a cognizable offence undertaken either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent court within the preceding period of ten years and that court has taken cognizance of such offence. 9. In the case on hand, admittedly, two charge sheets were filed against the petitioner herein under Cyber Crimes in the years 2020 and 2021 bearing (1) CC No.1259 of 2020 on the file of the learned II Judicial Magistrate of First Class, Machilipatnam, Krishna district and (2) CC No.1363 of 2021 on the file of the Judicial Magistrate of First Class, Mobile Court, Machilipatnam, Krishna district. It is also stated that the petitioner is also accused in a POCSO Case bearing Spl.SC No.763 of 2022 on the file of the POCSO Court, Machilipatnam. Hence, prima facie, provisions under Section 111 of the BNS would attract against the petitioner herein. 10. In view of the aforesaid facts and circumstances of the case and since the petitioner is shown as accused in two cyber crimes and charge sheets were also filed against him and the Courts have taken cognizance of such offences, this Court is not inclined to grant bail to the petitioner at this stage. 11. Accordingly, the Criminal Petition is dismissed. 12. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.