WP/3378/2026 of Kommini Susmitha Vs The State of Andhra Pradesh on 4 February 2026

1. KOMMINI SUSMITHA, W/O K SURENDRA, AGED ABOUT 31 YEARS, R/O KUCHIVARI PALLI VILLAGE, KOTALA POST, CHANDRAGIRI MANDAL, KOTALA, CHITTOOR DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY,

HOME DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.-522238

2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALAGIRI, AMARAVATI, ANDHRA PRADESH.- 522006

3. THE ADDITIONAL DIRECTOR GENERAL OF POLICE LAW AND ORDER, STATE OF ANDHRA PRADESH, MANGALAGIRI, AMARAVATI, ANDHRA PRADESH. 522206

4. THE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT 561680

5. THE STATION HOUSE OFFICER, TIRCHANUR P.S TIRUPATI DISTRICT.- 561680

...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ or order or direction more particular in the nature of Habeas Corpus and direct the Respondents, to produce the detenue, i.e., Kommini Surendra before this Hon'ble Court by declaring their detention as illegal, being violative of Article 21 and 22 of the Constitution of India and release them forthwith Counsel for the Petitioner:

1. N ASHWANI KUMAR Counsel for the Respondent(S):

1. THE ADVOCATE GENERAL The Court made the following:

ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This Writ Petition for Habeas Corpus is filed seeking direction to produce the corpus by name Kommini Surendra, who is the husband of the petitioner before the Court and to set him at liberty.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of the learned Advocate General for the respondents.

3. The petitioner is the wife of the corpus by name Kommini Surendra. It is stated that the 5th respondent – Station House Officer, Tirchanur Police Station, has taken away the corpus from his house on the afternoon of 03.02.2026, and thereafter his whereabouts are not known and is not available for contact over phone. Therefore, the petitioner has filed the instant writ petition seeking the aforesaid relief.

4. Learned Assistant Government Pleader, on instructions, would submit that a case in Crime No.23 of 2026 was registered against the corpus in Tirchanur Police Station for the offences punishable under Sections 140(1), 109(1), 191(2), 115(2), 126(2), 351(2), 61(2) read with 190 of BNS and that he was arrested in the said crime on 03.02.2026 and thereafter he was produced before the learned V Additional Judicial Magistrate of First Class, Tirupati on 04.02.2026, and he was remanded to judicial custody. He further submits that the said fact that he was arrested was informed to the petitioner, who is his wife.

5. The fact that the petitioner was arrested in the above crime was not contradicted by the petitioner. Therefore, when he was arrested in a crime that was registered against him and was remanded to judicial custody, it cannot be said that he has been in illegal detention or confinement to entertain this writ petition.

6. Therefore, the Writ Petition is devoid of merits and is dismissed. However, both the corpus and the petitioner are at liberty to move for bail in the appropriate forum. There shall be no order as to costs.

7. As a sequel, Miscellaneous Applications pending, if any, shall stand closed.

________________________________________ CHEEKATI MANAVENDRANATH ROY, J

_______________________ TUHIN KUMAR GEDELA, J

Date : 05-02-2026 BMS