IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.12061 OF 2014 DATE : 13.03.2026 Between:

K. Chandramma …Petitioner AND The Government of Andhra Pradesh and 5 others …Respondents

ORDER:

This Writ Petition is filed with the following relief:

“…Issue order or orders more particularly one in the nature of writ of mandamus declaring the action of the respondent no 6 herein and other police men subjecting the deceased Kandivanam Harijan Kumar s/o late Jangaiah to custodial torture resulting death as Extra judicial killing, against the law and violation on Article 21 of constitution of India and violation of Human Rights and Declare the inaction of the Respondent No. 2 and 3 herein altering the Crime No. 61/2013 of PS Kondurg registered U/s. 174 of Cr.P.C. to sec. 302 IPC and SC, ST (POA) Act 1989 during investigation name the Respondent no 6 as accused other police men as illegal, arbitrary, discriminatory and violation of Article 21 of the Constitution of India and consequentially it is also prayed that this Hon’ble Court may be pleased to declare the death of the deceased as a custodial death and punish the erring police officials in accordance with law and pay appropriate monitory compensation to the petitioner herein…”

2. Heard Ms. Sakshi Jha, learned counsel representing Mr. V. Raghunath, learned counsel for the petitioner and Mr. D. Pradeep, learned Assistant Government Pleader for Home, appearing for respondent Nos.1 to 5.

3.1. Learned counsel for the petitioner submits that the present writ petition is filed challenging the alleged unlawful acts of the respondent police authorities in subjecting the deceased, namely Kandivanam Harijan Kumar, S/o Late Jangaiah, to custodial torture, which ultimately resulted in his death. It is therefore prayed that appropriate directions be issued for initiating action against the erring police officials in accordance with law, and for grant of suitable compensation.

3.2. Learned counsel further submits that the deceased was shown as an accused in Crime No.43 of 2013. In connection therewith, he was allegedly illegally detained by the police from 27.02.2013 to 29.02.2013 and was thereafter produced before the jurisdictional Magistrate. It is contended that due to the alleged illegal detention and custodial ill-treatment, the deceased developed severe health complications, was admitted to Osmania General Hospital, and subsequently died on 02.04.2013 after undergoing treatment for eleven (11) days. It is thus contended that the custodial violence perpetrated by the police authorities directly led to his death, warranting judicial intervention.

4.1. Learned Assistant Government Pleader for Home, on instructions, submits that the allegations are wholly unfounded. It is stated that the deceased was arrested on 27.02.2013 in connection with Crime No.43 of 2013 and was produced before the Magistrate on the very same day, who remanded him to judicial custody. It is further submitted that while in custody, the deceased complained of ill health and was admitted to the hospital on 11.03.2013. Subsequently, he was granted bail on 26.03.2013 on medical grounds. However, while undergoing treatment, he died on 02.04.2013.

4.2. It is further submitted that, following the death, Crime No.31 of 2013 was registered under Section 174 of the Code of Criminal Procedure, 1973 (Cr.P.C.), and an inquest and post-mortem examination were conducted. The medical opinion disclosed that the cause of death was “Lobar Pneumonia and its complications.” A final report was thereafter submitted before the competent Executive Magistrate.

4.3. The learned Assistant Government Pleader further contends that during his lifetime, the deceased neither made any complaint nor raised any allegation before the Magistrate regarding illegal detention or custodial torture. Therefore, the allegations made in the present writ petition are without any factual foundation and are liable t