WP/34579/2025 of KANNEGANTI JANAKI PRASANNA Vs THE STATE OF AP on 9 December 2025

1. KANNEGANTI JANAKI PRASANNA, W/O. RAGHU BABU, AGED ABOUT 58 YEARS, R/O. 8-25-27/1,2ND LINE, KAKANI ROAD, NTR NAGAR, VTC GUNTUR, ANDHRA PRADESH - 522001.

...PETITIONER AND

1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME,

SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.

2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH.

3. THE SUPERINTENDENT OF POLICE, GUNTUR, GUNTUR DISTRICT, A.P.

4. THE SHO, PATTABHIPURAM POLICE STATION, GUNTUR, GUNTUR DISTRICT, A.P.

...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 A. Issue a writ, order or direction more particularly in the nature of Habeas Corpus or any other appropriate writ declaring the action and aforesaid detention of petitioner's son namely kanneganti Arun Babu, by the 4THrespondent/any of the associate police personnel as illegally, arbitrary, and in gross violation of the detenu's fundamental rights under Article 21 of the Constitution of India, including his right to life, personal liberty.,. B. Direct the Respondents to forthwith produce the detenu, Kanneganti Arun Babu, before this Hon'ble Court and to show cause why he has been illegally and unauthorizedly detained by the personnel of Pattabhipuram Police Station, Guntur (Respondent No. 4)/any of the associate police personnel, siiice 09TH November 2025, without any lawful authority, intimation, or adherence to procedure established by law. C. And to arrange for his immediate medical examination by an independent medical practitioner at a government hospital to document any injuries sustained, in compliance with the guidelines in D.K. Basu V. State of West Bengal (1997) 1 SCC 416. D. And set him free and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant Interim direction, directing the Respondent no. 4/any of the associate police personnel to produce the petitioner9s son namely Kanneganti Arun Babu before this Hon9ble Court and set him free and to pass Counsel for the Petitioner:

1. KOTHA LEELA GANESH RAGHAVENDRA 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 to declare the action of the 4th respondent in detaining a person by name Kanneganti Arun Babu (hereinafter referred to as 8corpus9) illegally, as arbitrary and violation of Article 21 of the Constitution of India and sought direction to the 4th respondent to produce the corpus before the Court and then to set him at liberty.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of learned Advocate General, for official respondents 1 to 4.

3. The petitioner is the mother of the corpus. It is alleged that on 09.12.2025, the 4th respondent has taken the corpus into his custody illegally and detained him without any valid reason. Therefore, the petitioner sought the above prayer in the writ petition.

4. Learned Assistant Government Pleader, on written instructions, submits that a case in Crime No.478 of 2025 was registered against the corpus on 05.11.2025 for the offences punishable under Sections 324(4), 329(4), 217, 240, 248A and 61 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3(1)(q) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Pattabhipuram Police Station and that he was arrested today morning in connection with the above crime and a notice under Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023, intimating the said factum of arrest was given to the petitioner, who is the mother of the corpus and she has also signed on the said notice in token of receipt of the same and that they are producing the corpus before the concerned Magistrate today for remand. The said written instructions are produced before the Court and they are taken on record.

5. Learned Assistant Government Pleader also further submits that the petitioner is aware of the fact that the aforesaid crime was registered against the corpus and he has also filed anticipatory bail application before this Court and the same is pending.

6. In that view of the matter, as the corpus is arrested in a crime registered against him, it cannot be said that he has been illegally detained or confined by the 4th respondent so as to entertain this writ petition for Habeas Corpus. However, the petitioner and the corpus are at liberty to move for bail in the concerned Court.

7. The Writ Petition is disposed of accordingly with the above direction. There shall be no order as to costs. Miscellaneous petitions, if any pending, in the writ petition, shall stand closed.

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

_______________________________ JUSTICE V. GOPALA KRISHNA RAO

Date: 10.12.2025 ARR

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

AND

THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO

WRIT PETITION NO: 34579/2025

Date: 10.12.2025

ARR