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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.R.K. KRUPA SAGAR, J.
Kanthi Rana Tata S/o Tata Muralisankar – Petitioner
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition No. 6640 of 2024
Decided On : 07-01-2025

Advocates:
Advocate Appeared:
For the Petitioner: T. Nagarjuna Reddy

The court granted anticipatory bail to police officers and an advocate due to procedural irregularities in the investigation and emphasized the necessity of a complaint from the court for certain offences under Section 195 of the Criminal Procedure Code.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Anticipatory bail - Multiple petitions filed by police officers and an advocate seeking anticipatory bail in connection with a case involving serious allegations of conspiracy and misconduct in police investigations - The court emphasized the importance of fair and lawful investigation practices, highlighting issues of custodial violence and arbitrary arrests. (Paras 1-33)

(B) Criminal Procedure Code - Section 195 - The court discussed the legal implications of registering multiple FIRs concerning the same incident, referencing precedents to clarify the maintainability of such cases. (Paras 22-30)

Facts of the case:
The petitions arose from Crime No. 469 of 2024, alleging a conspiracy among police officers to falsely implicate individuals in a criminal case, with claims of procedural irregularities and abuse of power. (Paras 1-10)

Findings of Court:
The court found that the petitioners had made a case for anticipatory bail, citing legal flaws in the registration of the FIR and the conduct of the investigation. (Paras 31-32)

Issues: The main issues included the legality of multiple FIRs, the conduct of police investigations, and the rights of the accused. (Paras 22-30)

Ratio Decidendi: The court ruled that the registration of the FIR was flawed and emphasized the necessity of lawful procedures in police investigations, allowing anticipatory bail to the petitioners. (Paras 31-32)

Result: All Criminal Petitions are allowed with conditions for bail. (Para 32)

ORDER :

1. The Criminal Petition No. 6640 of 2024, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is filed by the petitioner/A.3 - Sri Kanthi Rana Tata, I.P.S., IGP, seeking anticipatory bail in connection with Crime No. 469 of 2024 of Ibrahimpatnam Police Station, N.T.R. District, registered for the offences punishable under Sections 192, 211, 218, 220, 354(D), 467, 420, 469, 471, 166, 166-A and 349 read with 120B I.P.C. and Section 66(A) of the Information Technology Act, 2000.

2. Sri S.Sriram, the learned Senior Counsel being assisted by Sri T.Nagarjuna Reddy, the learned counsel for petitioner submitted arguments and cited legal authorities. Sri D.Srinivas, learned Advocate General, Sri M.Lakshmi Narayana, the learned Public Prosecutor and Sri A.Sai Rohit and Sri Neelothpal Ganji, the learned Assistant Public Prosecutor appearing for respondent No. 1-State submitted arguments. Sri Prabhunath Vasireddy and Sri Narra Srinivasa Rao, the learned counsels for respondent No. 2 submitted arguments. The counters are filed on behalf of respondent No. 1 and 2.

3. The Criminal Petition No. 6702 of 2024, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is filed by the petitioner/A.5 – Sri M.Satyanarayana, Inspector of Police, seeking anticipatory bail in connection with Crime No. 469 of 2024 of Ibrahimpatnam Police Station, N.T.R. District, registered for the offences punishable under Sections 192, 211, 218, 220, 354(D), 467, 420, 469, 471, 166, 166-A and 349 read with 120B I.P.C. and Section 66(A) of the Information Technology Act, 2000.

4. Sri Vinodh Kumar Deshpande, the learned Senior Counsel being assisted by Sri Aneel Kumar Dasari, the learned counsel for petitioner submitted arguments and cited legal authorities. Sri D.Srinivas, learned Advocate General, Sri M.Lakshmi Narayana, the learned Public Prosecutor, Sri A.Sai Rohit and Sri Neelothpal Ganji, the learned Assistant Public Prosecutor appearing for respondent No. 1-State submitted arguments. Sri Prabhunath Vasireddy and Sri Narra Srinivasa Rao, the learned counsels for respondent No. 2 submitted arguments. The counters are filed on behalf of respondent Nos.1 and 2.

5. The Criminal Petition No 6734 of 2024, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is filed by the petitioner/A.6 – Sri Vishal Gunni, I.P.S., D.I.G., seeking anticipatory bail in connection with Crime No. 469 of 2024 of Ibrahimpatnam Police Station, N.T.R. District, registered for the offences punishable under Sections 192, 211, 218, 220, 354(D), 467, 420, 469, 471, 166, 166-A and 349 read with 120B I.P.C. and Section 66(A) of the Information Technology Act, 2000.

6. Sri O.Manohar Reddy, the learned Senior Counsel being assisted by Sri P.Raj Kumar, the learned counsel for petitioner submitted arguments and cited legal authorities. Sri D.Srinivas, learned Advocate General, Sri M.Lakshmi Narayana, the learned Public Prosecutor, Sri A.Sai Rohit and Sri Neelothpal Ganji, the learned Assistant Public Prosecutor appearing for respondent No. 1-State submitted arguments and counter is filed on behalf of respondent No. 1/State.

7. The Criminal Petition No 6802 of 2024, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is filed by the petitioner/A.4 – Sri K.Hanumantha Rao, D.S.P., seeking anticipatory bail in connection with Crime No. 469 of 2024 of Ibrahimpatnam Police Station, N.T.R. District, registered for the offences punishable under Sections 192, 211, 218, 220, 354(D), 467, 420, 469, 471, 166, 166-A and 349 read with 120B I.P.C. and Section 66(A) of the Information Technology Act, 2000.

8. Sri V.Pattabhi, the learned Senior Counsel being assisted by Sri K.L.N. Swamy, the learned counsel for petitioner submitted arguments and cited legal authorities. Sri D.Srinivas, learned Advocate General, Sri M.Lakshmi Narayana, the learned Public Prosecutor, Sri A.Sai Rohit and Sri Neelothpal Ganji, the learned Assistant Public Prosecutor appearin

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