IN THE HIGH COURT OF ANDHRA PRADESH AT Jl7 WEDNESDAY, THE TWENTY SIXTH DAY OF MA TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 2969 OF 2025 Between: Adipuram VI'J'ay @ Vijay, S/o Late A.Narasimhulu, aged about 36 years, Resident of D.No.3-45, Eddumailaram Village, Sangareddy District, Telangana State. ...Petitioner/A-€ AND The State of Andhra Pradesh, th+ough SHO, Anantapur Rural P.S. Rep. by its Public Prosecutor, High Court of Andhra Pradesh Amaravati. ....Respondent/Complainant Petl'tion under section 353l(2),196(1), 75(1)(iv) of BNS and Section 66- E, 67 of I.T Act praying that im -the circumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased to enlarge the petitioner/A-1 on bail as he was taken into Judiciai£ custody on 23-12-2024 in Crime No.287/2024 dt 20/12/2024 ofAnantapuramu Rural Police station, Anantapur ciistrict. The Petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI P SRAVAN KUMAR REDDY, Advocate for the PetI|tiOner, and of PUBLIC PROSECUTOR,-for the Respondent; APHCO10139762025 E#E] Eng]TiE: J9 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2969/2025 Between : Adipuram Vijay @ Vijay ...PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh counsel for the petitioner/accused: 1. P SRAVAN KUMAR REDDY counsel for the Respondent/COmPlainant: 1.PUBLIC PROSECUTOR I_h_e Court made the fOI[owincl order: This Criminal Petition, under Sections 480 and 483 of BNSS, has been filed by the Petitioner/A1, seeking regular bail, in crime No.287 of 2024 of Anantapur Rural Police Station, Ananthapuram District, registered for the offences punishable under section 353(2), 196(1) and 75(1)(iv) of the BNS and Section 66-E, 67 of the I.T.Act. 2. Case of the prosecution, in brief is that the accused committed an offence against the public tranquility by uploading the vulgar post in the social media i.e. twitter prior to 24.ll.2024 at syndicate Nagar, Ananthapuramu. The accused uploaded a vulgar post against Nara Lokesh who is the son of Sri Nara chandrababu Naidu, Chief Minister ofAndhra Pradesh. t== _ts*±*-- _-=f~co 2 Jj 3. Heard. Perused the record. 4. Learned counsel for the petitioner submits the alleged offences against the petitioner are punishable with imprisonment of less than fI-Ve years and the accused iS entitled for Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 notice as per the guidelines enunciated in Amesh Kumar Vs. Sfafe of B,-hat ant/ ar,other7. Despite the said guidelines, the accused was remanded to J'udiCial Custody and that the Petitioner has been in languishing in jail from 23.12.2024. 5. Learned Assistant Public Prosecutor also fairly concedes with the submission made by the learned counsel for the petitioner and it is stated that investigation is still pending. 6. Learned counsel for the petitioner further submits that the mother of the petitioner is a cancer patient, and his wife has recently delivered a baby and the petitioner has to take care of his family members and the petitioner will not post such vulgar content in the future. 7. Considering the submissions made by the learned counsel for the petitioner and considering the fact that the offences alleged against the petitioner are punishable with imprisonment below seven years and even though he is entitled I (2014) 8 SCC 273 €gi3f---}` a---- `* 3 I/ for section 35(3) of'the Bharatiya Nagarik Suraksha Sanhita, 2023 notice, the same was not complied With. In the said facts of the case, this court is inclined to grant bail to the petitioner on the following conditions. (i) The petitioner shall be released On executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned lv Additional Sessions Judge-Cum-Special Judge for Trial of Offences against Women, AnanthaPuramu. (ii) on release, the petitioner shall give an undertaking affidavit before the learned lv Additional Sessions Judge-cum- special Judge for the Trial of Offences against Women. Ananthapuramu, that he Will not Create Or POSt Such Vulgar content in the future. (iii) on release, the petitioner shall appear before the station House Officer concerned, Once in a Week i.e., On every sunday between 10.00 AM and 01.00 PM., for a period Of three (3) months. (iv) The petitioner shall not directly Or indirectly contact Or threaten the witnesses under any circumstances and any such attempt shall be construed aS an attempt Of influencing the ti=--_ lgZZ5- 4 + witnesses and sha" not tamper evidence and sha" co-operate with the investI'gat,ton. It js made clear that the petitioner shall scrupulously comply wI®th the above condI®tiOnS and breach of any of the above condl'tI'OnS Wl-Il be vI-eWed serl-ously and prosecutI®On js at liberty to move an appll®catI-On for cancellatI'On Of the baI'l. 8. Accordingly, the crI®mI'naI Petjtjon js allowed. dP Sd/- U. SR! DEVj ASSISTA //TRUE COPY// To, For / SECTION OFFICER 1. The lv Addl'tI'OnaI SessI'OnS Judge-Gum-special Judge for TrI'al Of offences against women,I An'anthapuramu, Ananthapuramu Distrl-ct 2. The Superintendent,JA`nanthapur-sub Ja" Ananthapuramu Djstrl'ct 3. The station House 'offlcer, Ananthapur Rural police station, Anantapuram DistrI-Ct 4. One cc to SRI P SRAVAN KUMAR REDDY, Advocate [opuc] 5. Two ccs to PUBLIC PROSECUTOR, High Court of Andhra pradesh [OUT] 6. One spare copy PSR \`--.l¢ HIGH COURT TMR,J DATE D.. 26/03/2025 BAIL ORDER CRLP.No.2969 of 2025 ALLOWED