JUDGMENT :

SANDEEP MEHTA, J.

1. Heard.

2. Leave granted.

3. The instant appeal by special leave is preferred by the State of Andhra Pradesh against the judgment and final order dated 7th July, 2026 passed by the High Court of Andhra Pradesh at Amravati¹[Hereinafter, referred to as ‘the High Court’.] in Criminal Petition No. 5443 of 2026, whereby the High Court partly allowed the petition filed by the appellant-State under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023²[For short, ‘BNSS’.] and partly modified the order dated 2nd July, 2026 passed by the learned II Additional Judicial Magistrate of First Class, Vijayawada in Crl.M.P. No. 1400 of 2026 in Crime No. 107 of 2026 of Krishna Lanka Police Station, whereby police custody of the respondent-accused had been granted subject to a host of conditions.

4. The respondent-accused being an Inspector of Police is arraigned as an accused in connection with FIR in Crime No. 107 of 2026 lodged at Krishna Lanka Police Station, Vijayawada relating to allegations of custodial death of one Gade Sai Krishna³[Hereinafter, referred to as ‘the deceased-victim’.] on 6th May, 2026.

5. The deceased-victim was apprehended at Markapur at about 3:00 a.m. on 6th May, 2026 by the Task Force personnel. At about 7:00 a.m. the same day, he was brought to Krishna Lanka Police Station and formally handed over to the sentry, whereafter, along with his mobile phone, he came to be entrusted to the respondent-accused. As per the prosecution, the deceased-victim was never produced before the learned Magistrate, and many witnesses saw him in the police station with visible injuries.

6. The mother of the deceased-victim moved a Habeas Corpus petition in the High Court of Andhra Pradesh bearing Writ Petition No. 15132 of 2026 on 2nd June, 2026. During the course of the proceedings of the said petition, the respondent-accused being the concerned Police Inspector suppressed the fact that the deceased-victim had been apprehended and kept in police custody. On 17th June, 2026, the respondent-accused was placed under suspension. On 19th June, 2026, the mother of the deceased-victim lodged a complaint before the Commissioner of Police, Vijayawada alleging illegal detention, custodial torture resulting in death, and disappearance of the body to screen the offenders and destroy evidence. On the strength of the said complaint, Crime No. 107 of 2026 came to be registered at Krishna Lanka Police Station for offences under Sections 127(4), 127(6), 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023⁴[For short, ‘BNS’.].

7. The preliminary examination of the DVRs seized from Krishna Lanka Police Station revealed that no CCTV footage was available for the crucial period during which the deceased-victim was stated to be in custody.

8. On 21st June, 2026, the Government of Andhra Pradesh constituted a Special Investigation Team⁵[Hereinafter, referred to as ‘SIT’.] to investigate Crime No. 107 of 2026. The respondent-accused was arrested by the SIT on 23rd June, 2026 and was produced before the learned II Additional Judicial Magistrate of First Class, Vijayawada on 24th June, 2026, whereupon he was remanded to judicial custody and consequently lodged at the Central Prison, Rajamahendravaram.

9. On 25th June, 2026, the prosecution filed a memo under Section 187 of the BNSS before the learned Magistrate seeking twelve days police remand of the respondent-accused, citing the imperative need to trace the fate of the deceased-victim, identify co-accused persons, recover material evidence, confront the respondent-accused with falsified official records and for reconstruction of crime scene.

10. By a detailed order dated 2nd July, 2026 passed in Crl.M.P. No. 1400 of 2026, the learned II Additional Judicial Magistrate of First Class, Vijayawada, granted police custody of the respondent-accused for a period of eight days, i.e., from 3rd July, 2026 to 10th July, 2026, to be conducted within the premises of the Central Prison, Rajamahend