Annual Report 2012-2013
Bala Anthony was picked up from the house on 3 October 2008 by the Inspector of Police,
P.S. Koilakuntla at about 2 a.m. He was illegally detained and tortured in custody for three
days. On 6 October 2008, he was produced before the Court and sent to Central Jail, Kadapa.
The complainant further alleged that she received information in the evening of 7 October
2008 from Central Jail, Kadapa about the death of her husband in custody. The body of the
deceased had a number of marks due to injuries inflicted upon him by the police.
4.72
In response to the directions given by the Commission, the requisite reports were
received from the concerned authorities. The postmortem report mentioned seven antemortem injuries on the body of the deceased. No poison was found during the chemical
analysis of the viscera. The final cause of death was stated as fracture of skull bones associated
with hematoma of the brain due to blunt force. In the magisterial enquiry, the Magistrate
concluded that the deceased Chukka Bala Anthony was suffering from withdrawal
symptoms of alcohol even at the time of admission in Sub-Jail, Koilakuntla, Kurnool and
later in Central Prison, Kadapa, as he behaved strangely hitting his head against the walls
of the prison cell and the iron rods. This resulted in injuries as mentioned by the doctors. No
one could be held responsible for his death.
4.73
The Commission considered the above reports and noticed the variations in the
version of prison officials of Sub-Jail, Koilakuntla and Central Prison, Kadapa. It was also
observed that the magisterial enquiry report did not explain the injuries found on the body
of the deceased in the postmortem report. As such, the Commission directed the Chief
Secretary, Government of Andhra Pradesh to get the matter enquired through the State
CID and submit a report.
4.74
In response, the Principal Secretary, Government of Andhra Pradesh (Home)
submitted a CID enquiry report, wherein it was stated that no foul play was seen during the
investigation and neither the Police nor the Jail authorities were responsible for the death
of Chukka Bala Anthony. The Enquiry Officer recommended that suitable departmental
action may be taken against the erring police officials for keeping the accused in illegal
detention for three days.
4.75
The Commission directed the Chief Secretary, Government of Andhra Pradesh to
show cause, as to why a suitable monetary relief should not be awarded to the next of kin of
the deceased Chukka Bala Anthony. Furthermore, the Chief Secretary, Government of
Andhra Pradesh was directed to intimate to the Commission the quantum of punishment
awarded to the delinquent police officials in the departmental proceedings.
4.76
The Principal Secretary, Department of Home, Government of Andhra Pradesh,
Hyderabad, reported that the delinquent Circle Inspector of Police and ASI who were
responsible for illegal detention of the accused Chukka Bala Anthony had been awarded
suitable punishment in the departmental enquiry. No explanation beyond this was tendered.
4.77
The Commission recommended to pay a sum of ` 30,000 as monetary relief to the
next of kin of the deceased Chukka Bala Anthony.
36
NHRC