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SC stays HC order on bail to accused in Vivekananda murder case
The case pertains to the murder of former lawmaker YS Vivekananda Reddy at his residence in Pulivendula in Kadapa district of Andhra Pradesh on March 15, 2019.
The Supreme Court on Friday set aside a controversial portion of a Telangana high court order directing a trial court to release on bail, on July 1, an accused in the murder of former Andhra Pradesh minister YS Vivekananda Reddy in 2019.
A vacation bench of justices JK Maheshwari and PS Narasimha’s order came after it took note of the high court’s April 27 directive that cancelled the bail of Gangi Reddy, the prime accused in the murder case, but also ordered the trial court to enlarge him on bail on July 1.
“We will post these matters in July. The last part of the order directing the special judge (Central Bureau of Investigation or CBI) to enlarge the accused (T Gangi Reddy) on bail on July 1, 2023 shall remain stayed,” the bench said.
The case pertains to the murder of former lawmaker YS Vivekananda Reddy at his residence in Pulivendula in Kadapa district of Andhra Pradesh on March 15, 2019. Gangi Reddy and three remaining accused were granted default bail on June 27, 2019 after a special investigation team (SIT) of Andhra Pradesh Police, which was earlier probing the case, failed to file a charge sheet within the stipulated period of 90 days.
On the directions of the high court, CBI took up the investigation in 2020 and named four people (including Gangi) in its charge sheet in 2021. Andhra MP YS Avinash Reddy, who is the cousin of chief minister YS Jagan Mohan Reddy, is a suspect in the case.
CBI had approached the high court, seeking cancellation of bail, earlier this year.
In its order on April 27, the high court directed Gangi Reddy to surrender on or before May 5. “On his surrender, he shall be remanded to judicial custody till June 30, 2023 which is the outer limit fixed by the Supreme Court for completion of investigation by CBI,” it said.
“In case, the accused ... fails to surrender before the court concerned on or before the said date, CBI is at liberty to take him into custody..,” it added.
The high court also said “the (trial) court … is directed to enlarge the petitioner on bail on July 01, 2023, on his executing a personal bond for a sum of ₹1 lakh with two sureties for the like sum each to the satisfaction of the said court.”
On Friday, the top court stayed a part of the order following an appeal by the deceased minister’s daughter Suneetha Narreddy, who wondered how the high court directed bail for the accused suo moto in the absence of a bail plea by the latter.
Narreddy’s petition was supported by CBI which said the high court’s order was “pre-judged, preempted and encroached upon the power or discretion of the Supreme Court under Article 142.”
In an affidavit, the federal agency said that the order amounted to “temporary suspension of bail” and that it was passed without considering the grave nature of charges against Gangi Reddy.
CBI termed the high court order “Eighth marvel” and wondered how an order which cancelled the accused’s bail allowed him to be released later. It also criticised the “total fiasco” by the state police in handling the case.
Appearing for the accused, senior advocate Aman Lekhi sought time to place arguments in support of his client.
Gangi Reddy, who surrendered on May 5, has also moved the top court against the cancellation of his bail.
It was for the second time that an order of the high court was set aside by the apex court at the instance of Narreddy. On April 24, the top court had set aside a high court order on April 18 that directed CBI to supply a written questionnaire to Avinash Reddy during his questioning.
