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IN THE HIGH COURT OF ANDHRA PRADESH
V.R.K.KRUPA SAGAR
Nandigam Suresh Babu S/o. Poul – 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.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 wh
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....
Bail is a right, not a privilege, and should not be denied without substantial justification, especially when the investigation is complete.
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