'■f [3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI SATURDAY .THE THIRTY DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8543 OF 2025 Between: Tarimela Mahaboob Bhasha @ T. M. Basha, aged about 40 years, S/o Late T. Allabakash, Kalluru Village, Garladinne Mandal, Ananthapuram District. Petitioner/Accused AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. Respondent/Complainant Petition under Sections 480 & 483 of BNSS & Under sections 437 & 439 of Cr.P.C is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant Bail to the petitioner/Accused in connection with Crime No.87 of 2025, Garladinne Police Station, Anantapuram. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri RAMAKRISHNA AKURATHI Advocate for the Petitioner PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. APHC010425542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE * I PRESENT ) THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8543/2025 Between: Tarimela Mahaboob Bhasha Alias T M Basha ...PETITIONER/ACCUSED AND The State of Andhra Pradesh Counsel for the Petitioner/accused: Ramakrishna Akurathi Counsel for the Respondent/complainant: Public Prosecujtor The Court made the following: ORDER; ...RESPONDENT/COMPLAINANT The Criminal Petition has been filed under Sections 437 and 439 the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’) / Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity "the BNSS’), seeking to enlarge the Petitioner/Accused No.87 of 2025 of Garladinne Police Station of on bail in Crime Ananthapuram District, registered against the Petihoner/Accused herein for the offences Dr.YLRJ Crl.P.No.8543of 2025 Dated 30.08.2025 punishable under Sections 152, 353 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. The case 6f the prosecution is that, on 19.05.2025 at about 8:00 PM, in front of Besta Obulesu Tea Stall, NH-44 Road, Tarimela Cross Village, Garladinne Mandal, and reported at the Police Station on the same I day at 10:00 PM, the accused T.M. Basha, who is operating a Facebook social media account with the ID name “M Basha,” shared and published certain photos and videos adverse to the Hon’ble Prime Minister of India, Sri Narendra Modi’, thereby allegedly endangering the sovereignty, unity,' and integrity of India. On coming to know of the same, on the complaint of Mitta Raja, who is serving as BJP SC Morcha Executive Member, Andhra Pradesh State, a case has been registered. Kalluru 3. Sri Akurathi Rama Krishna, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes' to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present I petition be allowed in the interest of justice. 3 Dr.YLR, J Crl.P.No.8543 of 2025 Dated 30.08.2025 4. Per contra, Ms.P.Akhila Naidu Prosecutor vehemently opposed the the learned Assistant Public grant of bail to the petitioner, submitting that the investigation was completed and charge sheet also filed. It IS contended that if the petitioner is released on bail, there i strong likelihood that he - IS a may abscond, thereby hampering the process of trial and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 5. Heard the learned counsel for the Assistant Public Prosecutor. Perused the record petitioner and the learned 6. As seen from the record, in this case the charge sheet has already been filed after thorough investigation. The petitioner was arrested on 30.05.2025 and has been in judicial custody for the past 92 days. On 20.05.2025, the petitioner/accused was produced before the learned Special Judicial Magistrate of I Class (Mobile) Court, Ananthapuramu the learned Magistrate, not being satisfied with the remand , but report, directed that the petitioner/accused be set at liberty as Section 152 of ‘the BNS.,’ is not applicable to him. Thereafter, the Sub-Inspector of Police, Garladinne, served a notice contemplated under Section 35(2) of the BNS on the petitioner. 7. Challenging the order returning the remand report, the Investigating Officer filed Crl.R.P.No.50 of 2025 before the learned I Additional District Dr.YLR, J Crl.P.No.8543of 2025 Dated 30.08.2025 Judge, Ananthapuramu. On 29.05.2025, the learned I Additional District Judge allowed the criminal revision petition, and based on that order, the Sub-Inspector of Police, Garladinne, produced the petitioner before the learned Judicial Magistrate for remand. Consequently, the petitioner remanded to judicial custody on 30.05.2025. was The period of custodial interrogation of the petitioner has already been completed. The process of trial is likely to take considerable time. Keeping the petitioner in judicial custody for an indefinite period until completion of trial would not serve any purpose. The petitioner/accused has a fixed place of abode and is a permanent resident of Kalluru Village, Garladinne Mandal, Ananthapuramu District. Since the entire investigation has been completed, the possibility of the petitioner threatening witnesses or hampering the investigation may not arise. Therefore, if certain stringent conditions are imposed while enlarging the petitioner on bail, the interest of justice would be met. 8. 9. Accordingly, the Criminal Petition is allowed with the following stringent conditions: i. The petitioner shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for the like sum 5 Dr.YLR, J Crl.P.No.8543 of 2025 Dated 30.08.2025 each to the satisfaction of the learned Additional Magistrate of I Class (Mobile) Court, Anantapuramu. ii. The petitioner/Accused shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. s iii. The petitioner/Accused shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused shall not commit or indulge in commission of any offence in future. The petitioner/Accused shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required, vi. The petitioner/Accused shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade V. him/her from disclosing such facts to the court or to any police officer. vii. The Petitioner/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he does not 6 \ Dr.YLR, J Crl.P.No.8543 of 2025 Dated 30.08.2025 have passport, he shall submit an affidavit to that effect to the investigating officer. k SDI- A. VIJAYA BABU ASSISTANT RE^tSTRAR SECTIO^OFFICER //TRUE COPY// I To. 1. The Additional Judicial Magistrate of First Class (Mobile) Court, / Anantapuram. 2. The Superintendent, District Jail, Anantapuram. 3. The Station House Officer, Garladinne Police Station, Anantapuram. 4. OneCCto SRI. RAMAKRISHNAAKURATHI Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court of A.P., Amaravati [OUT]. 6. One spare copy THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO i HIGH COURT DR.YLR,J DATED:30/08/2025 BAILL ORDER CRLP.No.8543 of 2025 ALLOWED ^ a A stP m rrr cn i.r