Confessions made to a police officer are inadmissible as evidence against an accused person under Section 25 of the Indian Evidence Act.

JUDGMENT

Subba Reddy Satti, J. - Accused No. 1 in Crime No. 48 of 2021 of Kothapeta Police Station, East Godavari District, filed the above criminal petition under Section 438 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') seeking pre-arrest bail.

2. The case of the prosecution is that initially a report given by Mohammed Khasim Saheb, resident of Kothapeta village, East Godavari District, stating that his son Mohammed Abdul Khadar, who was working as opting driver, left his house on 24.01.2021 at about 6.00 a.m. on his Hero Honda CBZ Xtream motorcycle bearing No. AP05 BE 8807 and did not return to home. Basing on the said report, police registered the above crime under the Head 'Man Missing'. In the said report, it was stated that about two years back, he brought one marriage alliance to his son with the petitioner herein, who is resident of Nandigama, Krishna District, but the parents of petitioner did not agree for the same. Later, he came to know that his son and the petitioner used to talk over phone and his son also used to meet the petitioner secretly. On 24.01.2021, he came to know that his son went to meet the petitioner, but when he enquired the petitioner, her father and uncle, they stated that they are not connected with the missing of his son.

During the course of investigation, owing to recovery of cell phone of missing man Khadar, basing on strong suspicion, on 21.09.2021 at 3.30 a.m., police apprehended A-2 and A-3, near the house of A-3 at Thokalavaripalem village, Kolluru Mandal, Guntur District. On enquiry, A-2 and A-3 confessed that petitioner loved one Kancharla Naveen Babu (A-2), who belongs to SC-Mala community and in the year 2017. A2 proposed his love to petitioner and she accepted for the same. However, the parents of petitioner did not accept for it and they brought a marriage alliance to petitioner with one Khadar (Missing Man), but the petitioner rejected the same. Thereafter, petitioner informed him over phone that said Khadar used to harass her by making phone call to her and she proposes to A2 to kill the said Khadar. Accordingly, on 24.01.2021, A2 along with his cousin, Vasumalla Ashok (A-3) and petitioner hatched a plan and took the said Khadar to the room of his friend Narasimha at Naidupeta, Guntur, where Naveen Babu and petitioner strangulated the neck of Khadar with a skipping rope and said Ashok caught hold of legs of Khadar and killed him. Thereafter they concealed the dead body into gunny bags and thrown the same in Krishna River at Penumudi bridge. Police recorded the confession of A-2 and A-3 and arrested them under the cover of mediators report. Basing on the same, section of law was altered from 'Man Missing' to Section 120-B, 302, 404, 201 of IPC.

3. Counter affidavit is filed on behalf of the respondent-State stating that petitioner along with her associates A-2 and A-3 conspired together and executed the murder of deceased and subsequently disposed of the dead body without leaving trace of it. On careful analysis of call data (CDRs) among A-1 to A-3, tower locations of A-1 to A-3 and deceased, especially the conversation of A-1 with deceased luring him to come to Guntur, pointed out towards the guilt of A-1 to A-3. The voice test for conversations of A-1 with deceased had to be sent to FSL after taking sample voice of A-1, for which, the presence of petitioner is required. Moreover, the dead body is not yet recovered, and investigation is still pending and at this stage, petitioner is not entitled for pre-arrest bail. It is further stated that subsequent to filing of the writ petition by the petitioner herein, this Court on 21.09.2021 called for a report from the Additional Director General of Police, who submitted the report on 23.09.2021 and thereafter in view of irregularities found in conducting investigation, the Sub Inspector of Police was suspended. It is further stated that taking advantage of the same, A-2 and A-3 are not cooperating with the investigation. Finally