Andhra Pradesh High Court - Amravati
Nayan Biswas vs The State Of Andhra Pradesh on 14 July, 2025
1
APHC010286002025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3369]
(Special Original Jurisdiction)
MONDAY, THE FOURTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
CRIMINAL PETITION NO: 5906/2025
Between:
1. NAYAN BISWAS, S/O. NANTU BISWAS, AGE 21 YEARS, SC-
SC
NAMASHUDRA, SHANIKPUR VILLAGE, GOPAL NAGARTHANA,
WEST BENGAL STATE.
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, Through S.H.O Kavali 1 Town
P.S SPSR Nellore District, Rep., by public prosecutor. High court of
Andhra Pradesh.
...RESPONDENT/COMPLAINANT
Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the petitioners /Accused on bail connecting in Crime No.1 of 2025 on the file of Kavali 1 Town P.S, SPSR Nellore District Counsel for the Petitioner/accused:
1. LINGALA HAZARATHAIAH Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following ORDER:2
1. The Criminal Petition, under Sections 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/accused, seeking regular bail, in Crime No.1 of 2025 of Kavali I Town Police Station, Sri Potti Sriramulu Nellore District.
2. A case has been registered against the petitioner for the offences punishable under Sections 103(1), 239 of B.N.S.
3. The prosecution's case, in brief, is that on 01.01.2024 at 08:00 hours, the complainant lodged a report that he and his father have been running a Fistula Hospital in Kavali, for the past 15 years. He resides in Kavali with his late wife, two children, parents, and assistant Nayan Biswas (accused). About 2½ years ago, the accused, a native of Shanikpur Village, Gopal Nagar Thana, West Bengal, was appointed as a compounder on a monthly salary.
From the beginning, the accused developed perverse interest on the wife of complainant (deceased), observing her and developed an unpleasant and sneaking habit of watching her while she was changing the clothes after taking bath and while she was in compromising position with her husband during nights. The accused was eagerly awaiting an opportunity to fulfill his intent of establishing physical contact with the deceased. On 29.12.2024, the complainant's parents left for a visit to Tirumala. On 31.12.2024, the complainant, his elder brother and the accused consumed alcohol together as part of a New Year celebration, continuing until midnight. After dinner, complainant's wife and their younger daughter slept in one bedroom, while complainant, his elder brother, and elder daughter slept in another. Taking advantage of the situation, at around 3.30 hours, the accused being dangler and sexual pervert, beforehand contrived a plan to assault the deceased if she refuses his sexual desire, secured an iron pipe from the iron cot in the kitchen with him, and entered the bedroom of the deceased with an aim to commit rape on her. The accused in order to satisfy his lust, went to her and hold her breast to commit heinous act of sexual assault, upon which, the deceased woke up, got panicked and when was about so scream loudly, the accused 3 attacked the deceased hitting hard multiple times on her head. On sustaining fatal multiple injuries, the deceased died. Later the accused with a view to screen the evidence dragged and shifted the dead body to a shady safe place, wherein he acted as Necrophilia and committed acts of Scurrilous, Abominable with his monstrous conduct and committed rape on the dead body of the deceased.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated; there were disputes between the deceased and her husband due to the absence of a male child, and that the complainant was allegedly involved in an illicit relationship with one Deepa Biswas, which led to frequent quarrels with the deceased. It is contended that had the petitioner misbehaved with the deceased as alleged, the complainant would have either terminated his employment or lodged a complaint at that time; the petitioner has been in judicial custody since 03.01.2025; the investigation is complete, and a preliminary charge sheet has been filed; hence, further detention is unwarranted; the petitioner, being the sole breadwinner of his family, is being made a scapegoat. Accordingly, he prays for enlargement on bail.
5. On the other hand, Sri G. Neelothpal, learned Assistant Public Prosecutor vehemently opposed the grant of bail.
6. I have heard both sides. Learned counsel on either side reiterated their submissions, which are on par with the contentions presented in the petition and the report.
7. In Masroor V. State of U.P.1, a Division Bench of the Hon'ble Supreme Court observed as follows:
13. ... Though at the stage of granting bail, an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided, 1 (2009) 14 SCC 286 4 there is a need to indicate in such order reasons for prima facie concluding why bail was being granted particularly where the accused is charged with having committed a serious offence.
8. The Court granting bail should exercise its discretion in a judicious manner and not as a matter of course and reasons for grant of bail in cases involving serious offences should be given. [See Kalyan Chandra Sarkar V. Rajesh Ranjan 2 ; Dipak Shubhashchandra Mehta V. Central Bureau of Investigation & another3; Vinod Bhandari V. State of Madhya Pradesh4; and Lt. Col. Prasad Shrikant Purohit V. State of Maharashtra5]
9. At the time of assigning reasons in order to grant/refuse bail, there should not be discussion of merits and demerits of the evidence. [See State of Bihar V. Rajballav Prasad @ Rajballav Prasad Yadav @ Rajballabh Yadav6]
10. The material on record indicates that the investigating officer after conclusion of the investigation filed the preliminary charge sheet, which states that L.W.1, proctologist along with L.W.3 ran Chandsi Piles Clinic. L.W.1 married the deceased seven years ago. About 2½ years ago, the accused, a West Bengal native, was hired as a compounder and lived with the family, gaining close access to them. At around 03:30 hrs, the accused, a known sexual pervert, premeditated an assault on the deceased if she rejected his sexual advances, took an iron pipe from the kitchen cot and entered her bedroom with the intent to commit rape on her. When the deceased suddenly woke, panicked, and was about to scream, the accused, fearing she would alert L.Ws.1 and 4, acted to silence her, he took the iron pipe and attacked the deceased hitting hard multiple times on the head by making her mute, insensitive and non-responsive and the blood from head spilled on clothes of the accused and on the walls inside the bed room. To conceal the crime, he 2 (2004) 7 SCC 528 3 (2012) 4 SCC 134, para 32 4 (2016) 15 SCC 389, para13 5 (2018) 11 SCC 458, para 29) 6 (2017) 2 SCC 178, para 15 5 unlocked the main and grill doors, placed the iron pipe outside, and dragged the deceased from the bedroom through the hall by lifting her under the armpits and walking backward. Hearing the dogs bark, L.W.7 woke up and, while heading to the bathroom, saw the accused walking backward carrying a heavy object under the streetlight near L.W.1's house. Assuming he was disposing of New Year's trash in the nearby vacant plots, L.W.7 dismissed the sight. Later the accused took her to a shady safe place, where he took off her nightie by leaving black colour bra with her in a vacant plot, and acted as Necrophilia, committed the acts of Scurrilous, Abominable with his monstrous conduct and brutish behavior by having sexual intercourse with lifeless and dead body of the deceased, whose head was with full of blood, oozing out from the injuries on her head. Having raped her, he left the deceased naked in a prostrate position in an agriculture canal.
11. In Neeru Yadav V. State of U.P.,7the Hon'ble Supreme Court observed as follows:
16. ................. We are not oblivious of the fact that liberty is a priceless treasure for a human being. It is founded on the bedrock of the constitutional right and accentuated further on the human rights principle. It is basically a natural right. In fact, some regard it as the grammar of life. No one would like to lose his liberty or barter it for all the wealth of the world. People from centuries have fought for liberty, for absence of liberty causes sense of emptiness. The sanctity of liberty is the fulcrum of any civilised society. It is a cardinal value on which the civilisation rests. It cannot be allowed to be paralysed and immobilised. Deprivation of liberty of a person has enormous impact on his mind as well as body. A democratic body polity which is wedded to the rule of law, anxiously guards liberty. But, a pregnant and significant one, the liberty of an individual is not absolute. Society by its collective wisdom through process of law can withdraw the liberty that it has sanctioned to an individual when an individual becomes a danger to the collective and to the societal order. Accent on individual liberty cannot be pyramided to that extent which would bring chaos and anarchy to a society.
A society expects responsibility and accountability from its members, and it desires that the citizens should obey the law, respecting it as a cherished social norm. No individual can make an attempt to create a concavity in the stem of social stream. It is impermissible. Therefore, when an individual behaves in a disharmonious manner ushering in disorderly things which the society disapproves, the legal consequences are bound to follow. At that 7 (2014) 16 SCC 508 6 stage, the court has a duty. It cannot abandon its sacrosanct obligation and pass an order at its own whim or caprice. It has to be guided by the established parameters of law.
12. While granting bail, the Court has to keep in mind the nature of the accusations. The accusations made against the accused persons are already referred to in the preceding paragraphs and they need not be repeated here.
13. The filing of the charge sheet signifies that, after a thorough investigation, the investigating agency, having gathered sufficient evidence, has formally presented the charge sheet for the trial of the accused. Therefore, the filing of the charge sheet in no way diminishes the seriousness of the allegations made by the prosecution.
14. Indeed, pre-trial imprisonment cannot be used as a substitute for the punishment without the scrutiny of the evidence by the trial Court, but, at the same time, in a case where a woman was in such a situation, as referred to above, grant of bail to the petitioner, at this stage, may also have an adverse impact on the society.
15. Upon a careful examination of the material on record, this Court finds no merit in the learned counsel for the petitioner's submission that, apart from the extra-judicial confession, there exists no other incriminating material linking the petitioner to the commission of the offence.
16. The material on record prima facie shows that the petitioner gravely betrayed his employer's trust by committing the murder of his wife; as a compounder living in the complainant's home, he was regarded as a loyal and trusted member of the household; his close involvement in daily life and access to the family's private space make this crime especially shocking and deeply distressing; the petitioner acted in a beastly manner--driven by lust, he approached the deceased, and when she resisted, he feared she would report his offence to her family; to conceal his crime, he ruthlessly ended the life of the innocent victim; the accused inflicted brutal and cruel head injuries on the 7 young deceased; the manner in which the deceased was murdered--both in approach and method--reveals the petitioner's outrageous criminality and premeditation; the petitioner killed the deceased and later proceeded to have intercourse with the corpse; thus, the petitioner alleged to have committed "Necrophilia", which is a paraphilia in which the offender finds sexual gratification in having sex with the dead.
17. It is not necessary now to go into detail about the correctness or otherwise of the allegations made against the petitioner / accused as this is a subject matter to be dealt with by the trial Judge. Where prima facie involvement of the Accused is apparent, the contentions raised regarding the contradictions in the charge sheet are required to be tested at the time of trial, but not at this stage. The period of incarceration by itself would not entitle the Petitioner/Accused to be enlarged on bail.
18. Apart from the gravity and magnitude of the instances involved in this case that inhibit the grant of bail to the Petitioner, the possibility of the prosecution case getting affected once the Petitioner is released on bail cannot be ruled out. Given above, considering the cumulative effect of entire facts and circumstances, without commenting upon the merits of the evidence and keeping in view the principles laid down by the Hon'ble Apex Court and other factors, like the nature of the offence, the manner, in which it has been committed and its impact on the society, Petitioner is not entitled to bail, at this stage.
19. As a result, the Criminal Petition is dismissed.
Miscellaneous applications pending, if any, shall stand closed.
_____________________________ JUSTICE T.MALLIKARJUNA RAO Date: 14.07.2025 SAK 8 THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL PETITION NO: 5906/2025 Date: 14.07.2025 SAK