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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. R. K. KRUPA SAGAR
Neelam Prabhavati, W/O. Gulakavarapu Ravi Kumar – Appellant
Versus
The State of Andhra Pradesh, Rep. By The Station House Officer, Nagarampalem Police Station, Guntur District, Rep. By The Public Prosecutor – Respondent
ORDER :
(V.R.K. Krupa Sagar, J.)
This Criminal Petition, under Section 438 of Cr.P.C. (Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioner/A.5 seeking anticipatory bail in connection with Crime No.187 of 2024 of Nagarampalem Police Station, Guntur District, registered for the offences punishable under Sections 120B, 166, 167, 197, 307, 326, 465 and 506 read with 34 I.P.C.
2. The accused in F.I.R.No.12 of 2021 is the de facto complainant/victim in the present concerned F.I.R.No.187 of 2024. He complained of torture and manipulated medical records. Therefore, it is appropriate to see what is alleged in F.I.R.No.187 of 2024.
3. The allegations in the F.I.R. read as below:
“Subject: Complaint Regarding Attempted Murder, Custodial Torture, and Criminal Conspiracy
To:
Superintendent of Police,
Guntur District,
Andhra Pradesh.
Date:
June 11, 2024
Introduction:
1, Mr. K Raghurama Krishnam Raju, aged 62 years, son of KVSSN Raju, former Member of Parliament from Narasapuram, Andhra Pradesh, and presently elected as MLA of Undi, West Godavari district, am writing to report serious offenses related to my arrest and subsequent treatment in custody. This complaint addresses a
The court denied anticipatory bail due to prima facie evidence of the petitioner's involvement in custodial torture and emphasized the importance of medical ethics in legal proceedings.
The court emphasized that bail should be denied when serious allegations of custodial torture and potential witness tampering are present, especially involving politically influential individuals.
The integrity of the investigation is critical in bail considerations; if tampering or irregularities are present, bail may be denied.
Anticipatory bail should only be granted under exceptional circumstances; the court must consider the nature of accusations, the applicant's history, and potential risks to public safety and the inve....
Bail should not be punitive; it is to secure attendance at trial, and pre-trial detention must be justified by substantial evidence of risk of flight or tampering.
Bail should not be denied based on unsubstantiated allegations, particularly when previous similar allegations were dismissed and no evidence of flight risk or tampering exists.
Anticipatory bail is not granted in cases involving serious bodily harm and specific overt acts against the accused.
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