(1.) This criminal petition is filed by the petitioner/A9 under sec. 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking to release the petitioner/A9 on bail in RC 15(S)/2020 (RC03262020S0015)/CBI/ACB/Visakhapatnam) on the file of the CBI, ACB, Visakhapatnam. The offences against the petitioner are under Sec. 153-A, 504, 505(2), 506 of the Indian Penal Code, (for short IPC) and Sec.67 of Information Technology Act, 2000.
(2.) As per the averments in the petition, the then Registrar General of the High Court of Andhra Pradesh has lodged a complaint dtd. 26/5/2020 against the petitioner and certain others alleging about posting of certain comments against the Hon'ble Judges of High Court thereby trying to scandalize and lower the image of the High Court and Hon'ble Judges. Initially F.I.R.No.28/2020 was registered against this petitioner on the file of Crime Investigation Department police station where under the petitioner was charged with offences under Ss. 505(2) and 153-A of IPC. Through order dtd. 12/10/2021 in Writ Petition No.9166 of 2020, the High Court has directed transfer of the above said F.I.R to Central Bureau of Investigation for investigation.
(3.) Pursuant to the registration of F.I.R.No.09/2020, the petitioner appeared before the CID police on 8/9/2020. As per the remand report Moto model G-5 mobile phone allegedly belonging to the petitioner was seized and the postings in the facebook were retrieved. On 5/1/2021, the petitioner was examined by the Central Bureau of Investigation (for short C.B.I.) at its camp office at Vijayawada before the independent witnesses. The petitioner was arrested on 22/10/2021. Hence the bail application.