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IN THE HIGH COURT OF ANDHRA PRADESH
Dr. V.R.K.KRUPA SAGAR, J
Kamepalli Tulasi Babu C/o Venkata Subbarao – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
V.R.K.KRUPA SAGAR, J.
This Criminal Petition, under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 437 and 439 of Code of Criminal Procedure), is filed by the petitioner/A.6 seeking regular 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. Heard arguments of Sri K.S.Murthy, the learned Senior Counsel being assisted by Sri N.Ashwani Kumar, the learned counsel for petitioner and Sri Posani Venkateswarlu, the learned Senior Counsel appearing for respondent No.1-State and Sri V.V.Lakshmi Narayana, the learned counsel for respondent No.2/victim/de facto complainant.
3. The considerations that would normally weigh with the Court while dealing with a bail petition are the nature and seriousness of the offence; the character of the evidence; circumstances which are peculiar to the accused; a reasonable possibility of the presence of the accused not being secured at the trial; reasonable apprehension of witnesses being tampered with; the larger interest of the public or the State and other similar
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 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 integrity of the investigation is critical in bail considerations; if tampering or irregularities are present, bail may be denied.
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.
(1) No person accused of an offence can move court for bail Under Section 439 Cr.P.C. unless he is in custody.(2) Question whether a person is under arrest or not, depends not on legality of arrest, ....
The court emphasized that custodial violence is a serious issue and denied bail due to the applicant's involvement in the alleged crime and previous dismissals of bail applications.
The court reaffirmed that the presumption of innocence and the right to bail are fundamental, particularly when evidence is insufficient to justify continued detention.
Point of law: Judicial jurisdiction arises only when persons are already in custody and seek the process of the court to be enlarged -No person accused of an offence can move the court for bail Under....
The main legal point established in the judgment is that the grant of bail depends on various factors, including the nature of the offence, the presumption of innocence, and the need for a humane att....
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