Andhra Pradesh HC: Failure Of Accused to Produce Mobile in Custody Not 'Non-Cooperation'

The Andhra Pradesh High Court has ruled that refusing to hand over a mobile phone to the police while in custody is not considered "non-cooperation" because the accused is protected by Article 20(3) of the Indian Constitution. This decision was made by Justice Dr. V.R.K. Krupa Sagar while hearing bail pleas from N. Suresh Babu, a former Member of Parliament, and businessman Avutu Srinivasa Reddy. The police claim that these individuals, along with 70 others from the YSRCP party, forcibly entered the TDP State office and attacked its supporters and employees. One of the reasons the police opposed granting bail was that Babu did not give his mobile phone to the authorities, saying it was important for the investigation. However, the court referred to a previous case from the Delhi High Court, which stated that under Article 20(3) of the Constitution, the accused cannot be forced to reveal passwords or other information from their digital devices during an ongoing investigation. The Andhra Pradesh High Court emphasized that not handing over a mobile phone is not "non-cooperation" because of this constitutional protection. The judge also pointed out that the police had already gathered enough evidence and that many other accused in the case had already been released on bail. The court concluded that there was no need to keep the accused in custody any longer and granted bail to N. Suresh Babu and Avutu Srinivasa Reddy. Case: Avuthu Srinivas Reddy Versus The Station House Officer (CRIMINAL PEITION Nos.6295 and 6306 of 2024) www.legalmeet.in