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2026 Supreme(Online)(AP) 21922
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y. Lakshmana Rao, J
Kolikonda Venkat Rao – Appellant
Versus
The State of Andhra Pradesh – Respondent
WRIT PETITION NO: 10812/2026
For the Appellants/Petitioners: Shaik Mohammed Ismail
For the Respondents: GP For Home, P. Ajay Babu
The court held that where a police investigation is ongoing and conducted according to law, the appropriate remedy for a person fearing harassment or arrest is to seek anticipatory bail or surrender before the jurisdictional magistrate.
Headnote:The petition was filed under Art. 226 of the Constitution of India, alleging that the police were frequently summoning and harassing the petitioner, thereby violating Art. 14 and 21 of the Constitution of India. The court was informed that the police were investigating a theft of diesel from parked vehicles, during which a vehicle and identification documents were seized. The primary issue was whether the police actions constituted illegal harassment and a violation of personal liberties. The court observed that the investigation is currently in progress and that the authorities are proceeding strictly in accordance with the law. In the result, the Writ Petition is disposed of.
The Court made the following:
ORDER
The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:-
“…to issue a Writ order or direction more particularly one in the nature of Mandamus declaring the action of the respondents more particularly respondent No. 5 in frequently calling the petitioner to the 5th respondent police station and harassing the petitioner and interfering in the fundamental rights of Life and personal liberties of the petitioner as illegal arbitrary without jurisdiction and also violating Article 14 21 of the Constitution of India and consequently direct the respondents not to harass the petitioner in calling to the respondent No 5 Police Station and not to interfere with the personal liberties of the petitioner and pass….”
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader.
Mr. Shaik Mohammed Ismail, learned counsel for the petitioner, submits that Respondent No.5 is frequently calling the petitioner to the police station and harassing him, thereby interfering with the petitioner’s fundamental rights to life and personal liberty.
Sri P.Ajay Babu, the learned Assistant Government Pleader submits that the case relates to theft of diesel from parked vehicles at Megha Construction Company, Kuragallu Village, Mangalagiri Mandal, and during lurking beat duty, the police noticed the accused persons committing the offence. On noticing the police, the accused fled from the scene leaving behind an Innova car bearing Registration No. AP 04AT9178, and the police seized the vehicle, 35 litres of diesel, 8 litres of petrol, and Aadhaar cards found at the scene. He submits that the investigation is under progress and that the respondent police are proceeding strictly in accordance with law.
Having regard to the facts and circumstances of the case, and recording the submissions made by the learned Assistant Government Pleader, this Writ Petition is disposed of granting liberty to the petitioner to approach the learned Jurisdictional Magistrate and file an application seeking anticipatory bail, or surrender before the learned Jurisdictional Magistrate, if so advised.
In the result, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, Miscellaneous petitions, if any pending, shall stand closed.
