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IN THE HIGH COURT OF ANDHRA PRADESH
Dr. V.R.K. Krupa Sagar, J
Shaik Jilani Jani S/o Chinna Vali – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. murder incident details (Para 4) |
| 2. victim's brother's response (Para 5 , 7 , 8) |
| 3. previous bail petitions (Para 6) |
| 4. petitioner's arguments for bail (Para 9) |
| 5. prosecution's counterarguments (Para 10 , 11 , 12) |
| 6. court's reasoning for bail denial (Para 13 , 14 , 15) |
| 7. court's final decision (Para 16) |
ORDER :
V R K Krupa Sagar, J.
This Criminal Petition, under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), is filed by the petitioner/A.1 seeking regular bail in Crime No.184 of 2024 of Vinukonda Police Station, Palnadu District, registered for the offences punishable under Sections 103(2), 189(2), 191(2), 191(3) and 61(2) read with 190 of BNS and Section 27 of Arms Act, 1959 .
2. Heard arguments of Sri Shaik Meeravali, the learned counsel for petitioner and the learned Assistant Public Prosecutor for respondent-State.
3. Perused the record.
4. Prosecution case is that Sri Rasheed was murdered on 17.07.2024 at 8:00 P.M. on a road in Vinukonda Town. It is stated that there have been disputes between the deceased and Sri Shaik Jilani @ Jani/A.1. A.1 had an information that the deceased was available near Government Wine shop and with a view to kil
The court emphasized that serious crimes with premeditated actions and potential threats to witnesses warrant denial of bail, especially when no change in circumstances is presented.
The court held that bail cannot be granted based solely on parity with co-accused when the circumstances of the accused differ significantly, especially in serious crimes.
The court emphasized that in serious offenses like honor killing, the potential threat to witnesses and the severity of the crime outweigh the accused's right to bail.
The court reaffirmed that the presumption of innocence and the right to bail are fundamental, particularly when evidence is insufficient to justify continued detention.
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
The presumption of innocence prevails, and bail is granted when insufficient evidence links the accused to the crime, emphasizing that deprivation of liberty is punitive unless necessary for trial at....
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