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IN THE HIGH COURT OF ANDHRA PRADESH
V.R.K.KRUPA SAGAR
SHAIK JILANI @ JANI – Appellant
Versus
STATE OF ANDHRA PRADESH – Respondent
ORDER:
V R K KRUPA SAGAR, J.
This Criminal Petition, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ), 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 Sai Bhargav and Sri Pavan Kumar Annabathuni, the learned counsels for petitioner and Sri R.Yella Reddy, the learned counsel for de facto complainant and Sri K.Sandeep, 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 kill him he contacted his aides/A.2, A.5, A.8, A.10 to A.15 and A.17 to 20 and a juvenile in conflict with law and on his instructions the rest of the accused reached the Governme
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 serious crimes with premeditated actions and potential threats to witnesses warrant denial of bail, especially when no change in circumstances is presented.
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.
number of injuries found on the dead bodies in the postmortem is in support of FIR version in terms of time and manner (indiscriminate firing) of murder. It also goes to show that the assailants inte....
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 court affirmed that in serious offenses, circumstantial evidence and severity of potential punishment must prevail in bail considerations, denying the petitioner's release amid serious accusation....
Grant of Bail - circumstances which are peculiar to the accused should also be a factor that must be taken into consideration while granting or refusing bail.
The court determined that prolonged detention does not automatically entitle an accused to bail when substantial evidence of guilt exists, underscoring the rights to a speedy trial within serious cri....
The integrity of the investigation is critical in bail considerations; if tampering or irregularities are present, bail may be denied.
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