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Supreme Court today while continuing to hear plea by Mining Baron and former Karnataka Minister, Gali Janardhan Reddy, seeking alteration of Bail condition restraining him from visiting his hometown Bellary, framed issues for consideration and adjourned the matter for Monday.

A Division Bench of Justice Vineet Saran and Justice Dinesh Maheshwari heard the matter today.

Following issues were framed by the Court on which the CBI is expected to respond;

1. Alteration of condition and its potential effect on the witnesses

2. Power and influential position of the Petitioner

3. Delay at the behest of Petitioner by filing repetitive discharge applications

4. Modification of Bail condition, which may affect Trial and Prosecution

5. Liberty enjoyed by the petitioner

Learned Senior Counsel(s) Mr. Rohatgi and Mr. Ranjit Kumar, appeared for the Petitioner.

Learned ASG Ms. Madhavi Divan submitted for the Respondent CBI.

It was the submission of the Ld. ASG that the Bail granted to the petitioner was conditional and they cannot now cherry pick as to which condition they want to adhere to and which they do not. It was added that the delay caused in the Trial is attributable to the Petitioner, as they have been constantly filing discharge applications and Quashing petitions which is hampering the Trial to proceed. Moreover, Ld. ASG submitted that the witnesses have been threatened, given to the influential position of the petitioner accused - as also the Judges who have previously dealt with the matter.

"A CBI spl. judge has deposed before the Principle Special Judge that he was offered Rs. 40 Crore for allowing this illegal mining. This is a statement of 2019," submitted Ms. Divan stating that the petitioner was beneficiary of such amounts circulated in the matter.

Ld. Senior Counsel Mr. Rohatgi objected to the submissions made by the Ld. ASG stating that they are not on record.

Court has issued directions to the parties to file a 1 page note - with posting the matter to Monday, 12 noon.

Earlier Developments

On the last date of hearing, Court asked if CBI was to file further charge-sheets into the matter.

Counsel for the Petitioner submitted – given to the fact that no charges have been framed yet and the Trial is not likely to start anytime soon, restraining the petitioner from visiting Bellary – as a part of Bail condition, was harsh and unwarranted.

“It is alleged by the CBI that he was mining beyond the lease area. A dispute about the boundary between the two States (Karnataka and Andhra Pradesh) was pending before the Supreme Court. He was arrested in 2011, bailed by the Supreme Court in 2015. He has been allowed to visit Bellary on previous instances and not violated any conditions. Considering the Trial has not progressed, I submit that this condition of not visiting home is very harsh,” Mr. Rohatgi argued.

ASG Ms. Madhavi Divan submitted that out of 300 witnesses, 47 were in Bellary alone – That the petitioner along with other conspirators are acting in tandem to delay the trial by filing repetitive discharge applications and quashing petitions. Moreover, when the petitioner was allowed on Bail earlier it was on the condition that he will not visit three districts – namely, Bellary, Cuddapah and Anantpur.

“You cannot press on alteration of condition when the delay is attributable to you,” added Ms. Divan for the CBI.

Brief Background

On April 5, A bench of Justice Ashok Bhushan and Justice Subhash Reddy, had reserved orders in a similar plea by the petitioner.

Reddy and his brother-in-law, B V Srinivas Reddy, MD, Obalapuram Mining Company (OMC), were arrested by CBI on September 5, 2011 from Bellary and brought to Hyderabad.

The company is accused of changing mining lease boundary and indulging in illegal mining in the Bellary Reserve Forest area, spread over Bellary in Karnataka & Anantpur district of Andhra Pradesh.

Case Title: Gali Janardhan Reddy v. State of Andhra Pradesh