1 (CMR,J & GTK,J W.P.No.29379 of 2025) APHC010569352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 29379/2025 Between: 1. VEMULA ESWAR GUPTA, S/O. LAKSHMI NARAYANA, AGED 39 YEARS, OCC SOFTWARE ENGINEER, R/O. FLAT NO.403, 4TH FLOOR, SVS AVENUE, HIG-83, 6THPHASE, KPHB COLONY, HYDERABAD-500085. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELALGAPUDI, AMARAVATHI. 2. THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT-518001. 3. THE STATION HOUSE OFFICE, KURNOOL II TOWN POLICE STATION, KURNOOL DISTRICT-518003 4. MR WASIM, , S/O. NOT KNOWN TO THE PETITIONER, AGED ABOUT 45 YEARS, OCC BUSINESS, R/O. VENKATARAMANA COLONY, KURNOOL-518001. 5. MR JAVED, S/O. NOT KNOWN TO THE PETITIONER, AGED ABOUT 45 YEARS, OCC BUSINESS, R/O. VENKATARAMANA COLONY, KURNOOL-518001. 2 (CMR,J & GTK,J W.P.No.29379 of 2025) 6. MR RAFIQ, , S/O. NOT KNOWN TO THE PETITIONER, AGED ABOUT 45 YEARS, OCC BUSINESS, R/O. VENKATARAMANA COLONY, KURNOOL-518001. 7. MR JAGADISH, , S/O. NOT KNOWN TO THE PETITIONER, AGED ABOUT 46 YEARS, OCC BUSINESS, R/O. VENKATARAMANA COLONY, KURNOOL-518001. 8. MR SUNKANNA, S/O. NOT KNOWN TO THE PETITIONER, AGED ABOUT 50 YEARS, OCC BUSINESS, R/O. INDIRA GANDHI NAGAR, KURNOOL-518001. ...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 order, writ particularly in the nature of Writ of HABEASCORPUS to the respondent No. 2 and 3 to produce the brother of the Petitioner Vemula Jeevan Krishna Kumar, S/o. Lakshmi Narayana, from the Kurnool II Town Police Station, by declaring the illegal detention of the brother of the petitioner as illegal, irregular,Irrational and violative of the articles 14, 19, 21 of Constitution of India, consequently directing the respondent No. 2 ad 3 to release the petitioner's brother Vemula Jeevan Krishna Kumar, S/o. Lakshmi Narayana, immediately and 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 direct the Respondent No. 2 and 3 to produce Vemula Jeevan Krishna Kumar, S/o. Lakshmi Narayana, brother of the petitioner before this Hon’ble Court removing from the illegal custody and place him to my custody and pass Counsel for the Petitioner: 1. CHAKRAVARTHY P V S K Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 (CMR,J & GTK,J W.P.No.29379 of 2025) O R D E R : (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This Writ Petition for Habeas Corpus has been filed under Article 226 of the Constitution of India to direct the respondent Nos.2 & 3 to produce the brother of the writ petitioner by name Vemula Jeevana Krishna Kumar from the illegal detention of II-Town Police Station, Kurnool, to declare his detention as illegal, and to order for his release. 2. Earlier, when the matter was taken up by this court, notice before admission was ordered. In the interlocutory application i.e., in I.A.No.1 of 2025 that was filed by the writ petitioner, who is the brother of Corpus, this court has directed respondent Nos.2 & 3 to secure the presence of the Corpus and to produce him before this Court on 27.10.2025 i.e., today. 3. Pursuant to the said direction, the Inspector of Police, II-Town Police Station, Kurnool, has produced the Corpus by name Vemula Jeevana Krishna Kumar, before this Court today. 4. Mr. T.Vishnu Teja, learned Special Government Pleader attached to the office of learned Advocate General, submits, on instructions, that several persons have lodged reports against the Corpus viz., Vemula Jeevana Krishna Kumar stating that he is involved in running unauthorized chit transactions and collected money from the public, and thereafter he did not pay the money payable to the subscribers of the transaction, and cheated them and on the basis of report lodged against him in II-Town Police Station, 4 (CMR,J & GTK,J W.P.No.29379 of 2025) Kurnool, a crime was registered against him in Crime No.249 of 2025 for the offences punishable under section 318(4) of Bharatiya Nyaya Sanhita (BNS), 2023. He also submitted that similar crimes were registered in some other police stations and the Station House Officer, II-Town Police Station, Kurnool issued a notice to the Corpus on 22.10.2025 to appear before the police for enquiry. Pursuant to the said notice, the Corpus has appeared before the Station House Officer on 23.10.2025, and they recorded his statement as part of the enquiry and instructed him to appear before them again whenever his presence is required. 5. We have also questioned the Corpus viz., Vemula Jeevana Krishna Kumar and he also unequivocally stated before this Court that the Station House Officer, II-Town Police Station, Kurnool, issued notice to him on 22.10.2025 to appear before them and he appeared before the police on 23.10.2025 and they enquired him in the crimes that were registered against him and recorded his statement. 6. To a pointed question, as to whether he was illegally detained either by the police or by any private persons, he empathetically stated that none has illegally detained him or confined him in their custody. When questioned, he also stated that he has been voluntarily, with his free will, has made such statement before the Court and that there is no compulsion on him to make any such statement. 5 (CMR,J & GTK,J W.P.No.29379 of 2025) 7. We are also satisfied that he has made such statement voluntarily without any duress. Therefore, we are satisfied that he is not in illegal detention or confinement of either the police or any private persons. 8. Considering the said statement made by the Corpus in the open Court, and in view of the fact that several crimes were registered against him on the basis of the reports that were lodged against as stated above, this Court deems it appropriate to close the Writ Petition, giving liberty to the police to proceed against him according to law, relating to the crimes that were registered against him. 9. Accordingly, the Writ Petition is closed, giving liberty to the Station House Officer, II-Town Police Station, Kurnool, and other police in whose police stations, the crimes were registered against the Corpus, to proceed according to law relating to those crimes. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 27.10.2025 RPD/CSKS. 6 (CMR,J & GTK,J W.P.No.29379 of 2025) 88 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA (CLOSED) WRIT PETITION NO: 29379 of 2025 Date : 27.10.2025. RPD/CSKS.