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.

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 factors relevant in the facts and circumstances of the case. Therefore, circumstances peculiar to the accused and the larger interest of the public or the State also have to be considered.

4. Religious scriptures of many faiths inform the humanity that the sinners will be tortured in hell. However, on a rare occasion one comes across lathis assuming the power of divinity use the police stations for torturing the suspects or accused even before the guilt of the suspect/accused is determined by judicial forums. The case at hand pertains to a victim being tortured on 14.05.2021/15.05.2021 in the CBCID Office, Guntur. Sri K.Raghurama Krishnam Raju, aged 62 years, was formerly a Member of Parliament from Narsapuram Constituency of Andhra Pradesh and presently he is a Member of Legislative Assembly from Undi Constituency of West Godavari District and is also the Deputy Speaker. He was stated to be an accused in F.I.R.No.12 of 2021. On his allegations of torture meted out to him he gave written information and that was registered as F.I.R. in Crime No.187 of 2024 at Nagarampalem Police Station, Guntur District. The narration of events could best be captured through what he had mentioned in his written information and the same reads 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 allegations of attempted marder, custodial torture, and criminal conspiracy.

Background:

A false case was registered against me by the CBCID of the Andhra Pradesh government (FIR No. 12/2021, dated May 14, 2021). On May 14, 2021, I was arrested without due process, including the absence of a medical examination or adherence to proper legal procedures. It is pertinent to note that I had undergone cardiac surgery few weeks before the arrest and was recuperating at home at the time of my arrest. I was arrested on May 14, 2021, at 5 pm in Hyderabad, Telangana. The rule of law required that I be produced before the local magistrate in Hyderabad and undergo a medical examination. Instead, I was bullied, unlawfully physically pulled inside the police vehicle, and forcibly taken to Guntur the same night. I was kept in the CBCID OFFICE, Guntur from 9:30 pm onwards. I was not given my medicines despite having had open-heart bypass surgery a few weeks before the arrest. As a sitting MP, no permission of the Speaker of Lok Sabha was obtained before my