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IN THE HIGH COURT OF ANDHRA PRADESH
V R K KRUPA SAGAR, J.
Nandigam Suresh Babu S/o. Poul - Appellant
Vs.
The State Of Andhra Pradesh - Respondent
Criminal Petition No. 7260 of 2024
Decided On : 06-11-2024
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.78 seeking regular bail in Crime No.390 of 2020 of Thullur Police Station, Guntur District, registered for the offence punishable under Sections 147, 148, 302, 324, 109 read with 149 I.P.C.
2. Sri Ponnavolu Sudhakar Reddy, the learned Senior counsel appearing on behalf of Smt Rolla Madhavi, learned counsel for petitioner and Sri Lakshmi Narayana, the learned Public Prosecutor appearing for the respondent-State have made their antimated arguments.
3. Perused the record.
4. The former Member of Parliament Sri Nandigam Suresh Babu having been arraigned as Accused No.78 prays for regular bail. A detailed counter signed by the Sub-Divisional Police Officer, Thullur Sub-Division, Guntur district on behalf of the respondent-State is filed.
5. The crime incident allegedly took place on 27.12.2020 and the FIR was registered on 28.12.2020. A reading of the written information by one of the victims indicates the name of this petitioner at not less than six times and further gave the names of 36 persons who participated in the crime incident. The written information shows that more than 100 persons participated in the crime incident.
6. After registering the FIR, investigation commenced, and scene of offence was observed and six witnesses were examined and some incriminating material was recovered. All that was done by a police officer in the rank of Inspector of Police. Subsequently, the investigation was entrusted to a Sub-Divisional Police Officer on or about 29.12.2020. During his investigation, many more witnesses were examined and re-examined and from the investigative inputs, State found the participation of 40 more accused and they were arraigned as Accused Nos.37 to 77. At least six injured were found and from the medical record, the investigation officer noticed grievous injuries for some. Therefore Section 326 of I.P.C. was added and the same was intimated to the Court competent by way of a Memo. Thereafter, there was a lull in the investigation. Investigation was still open and was not concluded and no charge sheet was lodged. Thereafter investigation was taken up by the next investigation officer and on 06.09.2024, some of the witnesses were further examined and names of some more persons and their role in the commission of crime were noticed and state found a conspiracy that led for commission of this crime. Therefore, it had filed a Memo before the competent Court adding Section 120-B I.P.C. It also added Sri Nandigama Suresh Babu/the present petitioner as Accused No.78.
7. Unrelated to the present crime is Crime No.390 of 2020 of Thullur Police Station, but related to the present petitioner. There is another case in Crime No.650 of 2021 of Mangalagiri Rural Police Station. The present petitioner is A80 in the said crime. On 04.09.2024, this petitioner was arrested in Crime No.650 of 2021 and he was remanded to Judicial Custody. In the said remand report, the State mentioned about the present case concerning Crime No.390 of 2020 as pending against this petitioner. While he was in judicial custody in Crime No.650 of 2021, the State moved an application on 17.09.2024 before the learned Magistrate seeking for PT Warrant against this petitioner, so as to take him to judicial custody in the present crime No.390 of 2020. That application was ordered by the learned Magistrate several days thereafter and on 03.10.2024. Accordingly, the present petitioner was produced before the learned Magistrate on 07.10.2024 and it was on that day, he was remanded to judicial custody in the present Crime No.390 of 2020.
8. On behalf of this petitioner, a regular bail petition was moved before the learned IV Additional Sessions Judge-Cum- Special Judge for Trial of Cases under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, Guntur in Crl
The integrity of the investigation is critical in bail considerations; if tampering or irregularities are present, bail may be denied.
The court established that in bail applications, the nature of accusations and the progress of investigation are critical factors, and undue delay in investigation may favor granting bail.
The court emphasized that prolonged detention without conclusive evidence and the absence of flight risk warrant the granting of bail.
The court established that a fair investigation is crucial in determining bail, especially in politically charged cases.
The court denied anticipatory bail due to sufficient evidence of involvement in a politically motivated violent incident, emphasizing the need for public order and the integrity of the investigation ....
The court established that the severity of charges and potential for witness tampering are critical factors in bail considerations, alongside the duration of pre-trial detention.
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 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 emphasized the necessity of adequate evidence linking the accused to the alleged crimes, dismissing the revisional application while allowing conditional anticipatory bail due to apparent m....
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