Court imposes stringent conditions to ensure cooperation in the ongoing investigation and preservation of public peace.
In a significant judgment, the Andhra Pradesh High Court has granted bail to Kalikiri Kranthi Chaithanya, a 60-year-old practicing advocate, who was accused of morphing national emblems and banners with the intent to tarnish India's image and disrupt public peace. The decision was handed down by Justice Dr. Venkata Jyothirmai Pratapa, emphasizing that pre-trial detention should not serve as punishment and must be justified by compelling reasons.
The case against Chaithanya, registered under Crime No.31 of 2026 at the Tirupati East Police Station, involved serious allegations, including the illegal fixing of banners at Annamayya Circle of Tirupati Town. These banners allegedly included distorted depictions of the Ashoka Chakra and inflammatory messages aimed at inciting communal disharmony. Despite these allegations, the court found no necessity for further custodial interrogation of the petitioner, given the seizure of evidence and examination of witnesses.
Counsel for the petitioner argued that the allegations were baseless, and the prosecution's case did not meet the essential criteria for grave offenses under Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The petitioner, a seasoned advocate with no criminal antecedents, was deemed unlikely to abscond or tamper with evidence. His legal counsel emphasized his deep roots in society and commitment to probono work.
Conversely, the prosecution underscored the seriousness of the allegations, which they argued were not mere expressions of dissent but actions that posed existential threats to the state. They contended that releasing the petitioner could impede the investigation, especially in identifying other involved parties. However, the court was not persuaded by these arguments, noting that the investigation primarily relied on documentary and electronic material already seized.
Acknowledging the petitioner's age, professional standing, and the absence of compelling reasons for continued detention, the court granted bail with conditions designed to mitigate any potential impact on the investigation. These conditions include the execution of a personal bond with sureties, cooperation with the investigation, and refraining from influencing witnesses or disseminating information related to the case.
This decision reflects the court's adherence to the principle that personal liberty should not be deprived without substantial justification, and it balances the need for effective investigation with the petitioner's rights. The ruling also emphasizes that detailed analysis of evidence is a matter for trial, not bail consideration.
Bottom Line:
Bail granted to a 60-year-old practicing advocate accused of morphing emblems and banners causing alleged tarnishment of India's image and public peace, with conditions imposed to ensure cooperation in investigation and avoid influencing witnesses or tampering with evidence.
Statutory provision(s): Sections 480, 483, 152 of Bharatiya Nagarik Suraksha Sanhita, 2023; Article 21 of the Constitution of India.
