AP High Court Dismisses Anticipatory Bail Plea Of Lawyers Allegedly Connected To Murder Of NSUI National Secy

The High Court of Andhra Pradesh recently dismissed the anticipatory bail application filed by three lawyers - K.C. Krishna Reddy, K.C. Nagarjuna Reddy, and K.C. Sai Prasad Reddy - in connection with the murder of Birru Sampath Kumar, the National Secretary of the National Students Union of India (NSUI).

The case arose from a First Information Report (FIR) registered at the Dharmavaram I Town Police Station in Sri Satya Sai District. The FIR was filed by Birru Rajasekhar, the father of the deceased. According to the Defacto-Complainant, the deceased, who was a practising advocate, was supporting his friend Srikanth in a land dispute with the petitioners.

It was stated that the deceased had been threatened by one Ramanji (A-4) and others over the phone for supporting Srikanth. On May 30, 2024, the deceased's body was found on the Dharmavaram-Yellukuntla road with injuries.

The petitioners, who are also practising advocates, contended that they were falsely implicated in the case and that there was no prima facie case against them. They argued that the alleged confession statement of A-4 could not be used against them, as it was not corroborated by other evidence.

However, Justice B.V.L.N.Chakravarthi found that the material collected during the investigation prima facie showed the involvement of the Petitioners in the offence under Section 302 of the Indian Penal Code (IPC).

The Court noted that the police had arrested A-4 and A-6 to A-9, who had confessed that they had committed the murder of the deceased at the instance of the Petitioners. The police had also seized a large amount of cash from the arrested accused, which they claimed was paid by the Petitioners as "supari" (contract killing fee) for killing the deceased and his friend Srikanth.

The Court observed, "the material discussed above would prima facie show involvement of the petitioners in the offence U/s.302 I.P.C. They are at large from the date of offence. Therefore, basing on the material available, considering the nature of offence, gravity of offence, and seriousness of the accusations, this Court is of the considered opinion that it is not a fit case to enlarge the petitioners on anticipatory bail."

Before concluding, the Court also addressed an important aspect regarding the maintenance of Part-I Case Diaries by the investigating agencies. The Court observed that the Investigation Agency had not maintained the Part-I Case Diary as per the requirements of Section 172 of the Code of Criminal Procedure (CrPC), which is essential for ensuring the authenticity of records and enhancing the credibility of Investigation Agencies.

Consequently, the Court directed the Registrar (General) of the High Court to send a copy of the order to the Director General of Police, Andhra Pradesh State, to issue suitable instructions to all the Investigation Officers in the State about the proper maintenance of Part-I Case Diaries.

“In that view of the matter, the Registrar (General) of this Court is directed to send a copy of this order to the Director General of Police, Andhra Pradesh State, Mangalagiri, for issuing suitable instructions to all the Investigation Officers in the State, about maintenance of Part-I Case Diary, which would ensure the authenticity of records and enhance the credibility of Investigation Agencies, in the State.”

CRIMINAL PETITION No.3887 OF 2024

K.C.Krishna Reddy & oths V. State of AP

Counsel for petitioner: Posani Venkateswarl

Counsel for respondent: A.Sai Rohith, (APP)

Click Here To Read/Download Order