Non-Submission Of Mobile Phones While In Custody Does Not Constitute Non-Cooperation: Andhra Pradesh HC Grants Bail To Ex-MP & Businessman
|The Andhra Pradesh High Court ruled that an accused person's failure to provide their mobile phones to investigators cannot be classified as non-cooperation.
A Bench of Justice VRK Krupa Sagar granted bail to former Member of Parliament N. Suresh Babu and businessman Avutu Srinivasa Reddy, who are implicated in a case concerning an alleged attack by YSR Congress Party workers on the Telugu Desam Party (TDP) office in 2021.
Senior Advocate Siddarth Dave appeared for the petitioners and Senior Advocate Siddharth Luthra appeared for the Respondent.
The State opposed the bail application, arguing that the accused had not produced their mobile phones, which the police sought to examine for WhatsApp chats and Google timelines relevant to the investigation. However, the Court stated that the inability of the investigation agency to obtain the mobile phones should not hinder its efforts to gather further electronic evidence.
The Court referred to a decision by the Delhi High Court, which emphasized that an accused person cannot be forced to disclose passwords to their devices or online accounts due to the constitutional protection against self-incrimination guaranteed under Article 20(3) of the Indian Constitution. It noted, “In the light of the above principles, the failure of accused in submitting their mobile phones while in custody cannot be termed as non-cooperation from the accused.”
The Court acknowledged that while the evidence presented suggested the accused may have been near the TDP office during the incident, the prosecution must justify their continued detention.
The State argued that there are additional suspects still at large and hinted at a larger conspiracy, but the Court observed that these assertions indicate that the investigation concerning the accused in question had been completed. The accused were arrested on September 4, 2024, and had been in judicial custody since September 5, 2024.
Additionally, the Court pointed out that around 34 other individuals involved in the case had already been granted bail by either the High Court or the trial court. It considered the occupations, residences, and history of the petitioners, concluding that they were unlikely to evade the legal process. “All these facts being considered in the light of the nature of the crime committed, this court finds any continued detention unnecessary. Hence, prayer is granted,” the Court said.
Thus, it granted the bail request.
Cause Title: Avuthu Srinivas Reddy v. The Station House Officer
Appearance:
Petitioners: Senior Advocates Siddarth Dave, P. Veera Reddy, and P. Sudhakar Reddy
Respondent: Senior Advocate Siddharth Luthra and Public Prosecutor C. Lakshmi Narayana