Andhra Pradesh High Court Grants Bail To APCLC Leader Accused Of Displaying 'Satyameva Parajayate', 'Fight Hindu Fascism' Banners

A bench of Justice Venkata Jyothirmai Pratapa observed that nothing remains to be seized from him and that no necessity was shown for his further custodial interrogation.

While granting him the relief, the Court also took note of the stage of investigation, the age and status of the Petitioner and the absence of any specific material justifying continued custody.

Case in brief

Briefly put, the Petitioner, Kalikiri Kranthi Chaithanya, along with other accused, illegally fixed certain banners at the Annamayya Circle of Tirupati Town during midnight without permission.

These banners, which purportedly replaced the three Lions in the Ashoka Chakra with bull faces and further morphed the emblem into a pair of pants and a police belt, were prepared for the Civil Rights Association 20th State Conference scheduled for January 2025.

It was further alleged that the wheel, which should be in the centre of the emblem, was morphed to show more than 24 spokes.

Purportedly, in the alleged banners, in the place of the horse and bull on either side of the wheel, the accused morphed it into a man shooting another man with a gun on one side and a swastika symbol on the other.

Importantly, the prosecution also alleged that the national motto of India, "Satyameva Jayate", was altered to "Satyameva Parajayate" and that the phrase "Let's fight against Hindu fascism" was written on the banner.

The State argued that these acts were intentional attempts to tarnish India's image, create intercommunal conflicts, and violate the country's sovereignty. Thus, the applicant was booked under Section 152 BNS [Acts endangering the sovereignty, unity and integrity of India].

Seeking bail in the case, the counsel for the petitioner argued in the HC that the allegations, even if taken at face value, did not disclose the essential ingredients of the offence under Section 152 BNS.

It was also argued that this provision is a narrow provision intended to address existential threats to the State and not dissent, symbolic expression or even offensive speech

Lastly, it was submitted that the applicant is a 60-year-old advocate who deals with pro bono cases and has deep roots in society and no custodial interrogation or recovery remains in the case.

High Court's order

Justice Pratapa, upon considering the rival submissions, noted that at the stage of bail consideration, the Court is not required to conduct a detailed analysis of the evidence or to determine conclusively whether the alleged acts satisfy the ingredients of Section 152 of BNS.

The Court added that such issues are matters for trial. The Court also noted that except for this case, no material was placed to show the petitioner is a habitual offender or likely to abscond.

Thus, noting that his further custodial interrogation isn't required, the HC allowed his plea and directed his release on bail upon execution of a personal bond of ₹20,000 with two sureties.

The Court ordered that the accused shall not make, publish, or disseminate any information, statement, or post, whether in print, electronic or social media, concerning the present crime till conclusion of the trial.