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The Supreme Court on Friday granted bail to YSCRP rebel MP Kanumuri Raghurama Krishnam Raju, noting that it could form an opinion that he had in fact been tortured in police custody. Raju had been charged with sedition for alleged remarks criticising the YS Jagan Reddy led-government in State of Andhra Pradesh.

A Bench of Justice Vineet Saran and Justice BR Gavai passed the following extensive order (basis in-court reporting),

"Much water has flown, we deem proper to consider the bail application on merits. In our construing the injuries as reported by report, we can form an opinion that the petitioner was tortured in police custody. Charge against the petitioner do not require his presence in custody. Construing the totality of circumstances & the health position of petitioner specially that the petitioner has undergone heart by pass surgery which has been noted in the report by the hospital board. We deem to enlarge the petitioner on bail"

Court has imposed the following bail conditions:

1) Petitioner will cooperate in investigation;
2) Shall be present when called upon by the IO;
3) He shall be given at least 24 hours notice by the IO to be present Interrogation to be permitted in presence of the advocate who may not be a part of the the interrogation;
4) On any of the subjects of the case, the petitioner will not give any statements;
5) To give personal bond of Rs 1 lakh & security to the trial court within 10 days.

Senior Advocate(s) Mukul Rohatgi and B Adinarayan Rao appeared for Kanumuri Raghurama Krishnam Raju, Member of Parliament from YSR Congress the whereas Sr Counsel(s) Dushyant Dave & VV Giri along with Advocate Mahfooz Nazki appeared for the State of Andhra Pradesh.

On May 17, the Court had directed the State Government of Andhra Pradesh to conduct medical examination of Kanumuri Raghurama Krishnam Raju, Member of Parliament from YSR Congress at Army Hospital, Secunderabad in the presence of a judicial officer.

“We direct Raju to be taken to Army Hospital, Secunderabad in presence of judicial officer who may be nominated by Telangana HC. His examination be video graphed & be submitted in sealed reports. We further direct the petitioner to be admitted to army hospital in judicial custody”, the Court ordered. 

Raghu Raju has been booked u/s 124A, 153A, 505 r/w 120B IPC and was arrested and taken to the Crime Investigation Department on May 14, 2021. Allegations are that he engaged in hate speeches against certain communities, promoting disaffection against the YS Jaganmohan Reddy led Government in the State.

Senior Counsel Rohatgi while submitting that the petitioner has been falsely implicated in the FIR as a “political vendetta”, apprised the bench that he had earlier approached the Central Government seeking additional security due to threats from party members. 

“There is no FIR at the instance of some complainant. The CAP is out of the bag since my client has been reported on TV stating on how the CoVID is being managed in the state. Further, Section 124A is being added to make the matter more serious.”, submitted Rohatgi.

Rohatgi while praying for grant of Ad Interim Bail and Medical Examination by a neutral or private hospital, contended that after Raju’s arrest on May 14, the Magistrate had ordered for petitioner’s medical examination u/s 54 CrPC. While pressing for medical examination at AIIMS, Delhi, Rohatgi contended that the Management Committee of AIIMS, Mangalgiri comprised two MP’s. 

Rohatgi: He should be examined in Delhi other than from MP. I will bear the cost of transportation. Let him be under house arrest in his accommodation in Delhi until the bench is hearing the matter.

It was also Rohatgi’s contention that the Andhra Pradesh High Court irrespective of having concurrent jurisdiction u/s 439 CrPC rejected the petitioner’s bail plea and directed him to approach the lower court.

Senior Advocate Dushyant Dave while opposing the petitioner’s admission in Army Hospital submitted that, “I  completely agree with the examination but I oppose the admission of the petitioner in the army hospital. What this man has done is completely impossible. He has been accused of sedition.”

Earlier, the petitioner had moved before a Special Judge, CBI for cancellation of Bail to YS Jaganmohan Reddy, stating, “I am unable to digest the atrocities of the Respondent No. 2 and Accused No. 2 against the People of Andhra Pradesh, as the atrocities, corruption, barbarity of the respondents is nothing but fascist and despot.”

 

Case Title: Kanumuri Raghurama Krishnam Raju v. State of Andhra Pradesh