3 min readNew DelhiUpdated: Feb 6, 2026 11:36 AM IST
Andhra Pradesh High Court News: There is no material placed to show that the petitioner is a habitual offender, said the Andhra Pradesh High Court.(The image is generated using AI)
Andhra Pradesh High Court News: Andhra Pradesh High Court news: The Andhra Pradesh High Court recently granted bail to a 60-year-old advocate accused of violating the “sovereignty and integrity” of the country, noting that no material was placed to show that the petitioner posed a threat to law and order and public peace of the nation.
Dr JusticeVenkata Jyothirmai Pratapa, while hearing the plea, underscored the “well-settled principle” about pre-trial detention not being “punitive in nature”.
“Compelling reasons must justify deprivation of personal liberty,” the court said and granted bail to the senior citizen advocate.
The absence of material evidence doesn’t justify continued custody of the petitioner, the court said.(The image is enhanced using AI)
The order continued, “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,” these issues are to be decided during the trial.
Section 152 of Bharatiya Nyaya Sanhita (BNS) Act deals with “acts endangering the sovereignty, unity, and integrity of India”.
Background
The petitioner, along with the two co-accused, allegedly fixed banners replacing the three lions in the Ashoka Chakra, with bull faces and also morphed into a pair of pants and a police belt.
It was further alleged that the wheel at the centre of the emblem was morphed to appear to have more than 24 spokes.
Further, the accused were stated to have morphed the horse and bull into a man shooting another man with a gun on one side and a Swastika symbol on the other.
The word “Satyameva Jayate” was allegedly morphed into “Satyameva Parajayate”, and “Let’s fight against Hindu Fascism” was also written illegally.
It was also alleged that the petitioner and the co-accused intentionally did the said act to create conflict between the two communities.
The petitioner was booked for damaging law and order and public peace, as well as violating the country’s sovereignty.
The lawyer, through his counsel, submitted that the signature of his client in the confessional statement was obtained coercively.
The counsel said in the absence of compelling reasons for continued custody, denial of bail would violate the petitioner’s right under Article 21 (No person shall be deprived of his life or personal liberty except according to procedure established by law) of the Constitution.
Findings
While considering bail, a detailed analysis is not required to determine whether the alleged acts satisfy Section 152 of the BNS Act.
It is evident from that the prosecution’s case substantially rests on documentary and electronic material, which have already been seized.
There is no material placed to show that the petitioner is a habitual offender or is likely to abscond or tamper with evidence.
It is a settled principle that pre-trial detention should not be punitive in nature and that deprivation of personal liberty must be justified by compelling reasons.
At this juncture, the absence of material evidence doesn’t justify continued custody of the petitioner.
The petitioner is entitled to be enlarged on bail.
Apprehension expressed by the prosecution will be addressed.
The criminal petition is allowed with imposement of appropriate conditions.
Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights.
She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life.
Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach.
Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More
The absence of material evidence doesn’t justify continued custody of the petitioner, the court said.(The image is enhanced using AI)