The Andhra Pradesh High Court has denied interim bail to a former minister of YSRCP, accused of threatening to kill N. Chandra Babu Naidu, the present Chief Minister of Andhra Pradesh.

In that context, the Bench of Justice VRK Krupa Sagar observed that, "in the name of holding a dharna they reached to a place and targeted a person who happened to be the leader of the opposite party. That in a political democracy events of such nature have always to be deprecated. A normal crime of one against the other is clearly to be distinguished from a case where scores of people gathered to commit violations of law. Impact of grant of anticipatory bail particularly in cases of large magnitude creating panic among several people is not appropriate. Considering the acts alleged against the petitioners and the investigative needs, this Court finds that this is not a fit case to grant the prayers of anticipatory bail."

The case arose from an incident on 17th September 2021 at around 11:30 am near the house of Sri N. Chandrababu Naidu, the opposition leader of the TDP party in Andhra Pradesh. At that time, the ruling party was YSRCP, with Sri Y.S. Jagan Mohan Reddy as Chief Minister. Around 30-40 followers of Sri Jogi Ramesh, a former minister from YSRCP, allegedly gathered outside Naidu’s house, shouting and threatening to harm him. When one of the victims confronted them, he was verbally abused and physically assaulted by one of the followers, who hit him with a flag stick, causing a bleeding injury.

A First Information Report (FIR) was registered at Tadepalli Police Station, and an investigation was initiated. The police collected witness statements and video evidence from social media and news channels. It was revealed that people in around 20 cars arrived at the scene with flag sticks, and altercations occurred between TDP and YSRCP supporters. Sri Jogi Ramesh allegedly challenged Naidu in front of the media, while the police present tried unsuccessfully to disperse the crowd. The incident also violated COVID-19 restrictions in place at the time.

The case was later amended to include more serious charges under Sections 148 and 307 IPC, suggesting a premeditated attempt to terrorize political opponents. The accused, including Sri Jogi Ramesh, sought anticipatory bail, claiming innocence and accusing the police of political revenge. The prosecution argued against granting bail, citing the severity of the offenses.

The Court held that based on the evidence in the FIR and the case diary, there was a prima facie case against the petitioners. Both documents showed a large gathering of people, many armed with flag sticks, loudly shouting threats to kill Sri N. Chandrababu Naidu. The Court stated that such a group, making life-threatening statements, could not be considered anything other than an unlawful assembly under Section 141 of the Indian Penal Code (IPC). The assembly's use of criminal force to intimidate or compel Naidu, or to prevent public servants from performing their lawful duties, brought their actions under Section 149 IPC, which deals with the collective liability of unlawful assemblies.

The Court also noted that witnesses, including police personnel present at the scene, confirmed that they attempted to calm the crowd and asked them to leave, but the group, led by A.1, ignored these requests. The prosecution's evidence, including video footage, corroborated these facts. As such, the Court found that the allegations and material collected in the investigation supported the inclusion of Section 149 IPC in the case.

The Court concluded, "Therefore, it cannot be said that there is no prima facie case at all against the petitioners in both the petitions."

Cause Title: Jogi Ramesh vs State of Andhra Pradesh

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Andhra Pradesh High CourtJustice VRK Krupa SagarAnticipatory Bail

Ananya Soni