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The YV Vivekananda Reddy murder case was initially probed by a special investigation team (SIT) of the state crime investigation department but was later handed over in July 2020 to the Central Bureau of Investigation, which filed a charge sheet in October 2021 stating Avinash Reddy and his father as suspects in the conspiracy to commit murder of the deceased.
The Supreme Court on Friday decided to hear a plea against the Telangana High Court's judgement of May 31 granting anticipatory bail to YSRCP MP from Kadapa Y S Avinash Reddy in connection with the murder case of former Andhra Pradesh Minister Y S Vivekananda Reddy.
A bench of Justices Aniruddha Bose and Rajesh Bindal fixed the special leave petition filed by Dr Suneetha Narreddy, daughter of the deceased, for hearing on Tuesday.
Senior Advocate Sidharth Luthra mentioned the matter for the petitioner.
A single judge bench of the High Court, Justice M Laxman allowed bail to Avinash Reddy stating "this court does not find any justification for a custodial interrogation of the petitioner by the CBI authorities."
It also said, "The gravity of accusation is not yet clearly brought on record by the CBI so far. The entire case rests upon hear-say evidence and assumptive evidence. No direct evidence is available against the petitioner to prove his participation in larger conspiracy. They tried to rely upon the improved case of the witnesses and the approver."
The special leave petition contended that the High Court allowed the said the anticipatory bail of the accused respondent in a murder case, contrary to the law laid down by this court, by holding a mini trial and giving findings and making comments on the merits of the prosecution case. She claimed the High Court virtually accepted the entire case put forth by the accused and disregarded the evidence collected by the CBI.
The petition filed through advocate Jesal Wahi also stated the respondent had not appeared before the CBI pursuant to last three notices and it was a clear case of non-cooperation with investigation disentitling him to relief under Section 438 CrPC.
"The CBI wanted to arrest him, however, they were unable to do so and they were obstructed by him and his large number of his supporters/goons who had camped outside the Hospital, where he took shelter to avoid arrest on the pretext of his mother’s alleged health issues," it claimed.
The plea also alleged the respondent, along with other accused, was successful in destroying the scene of offence in the presence of the state police and had propagated the story that the deceased had died due to a heart attack.
"Respondent No.1 in fact pressurised the police not to register an FIR as a result of which only an inquest under S. 174 Cr.PC was started, in a case of cold blooded murder as is evidenced from photographs of the deceased," it said.
It also claimed respondent is the sitting Member of Parliament from the present ruling party in Andhra Pradesh, and he along with other accused, with the aid of the State machinery and powerful people in the current ruling party was influencing the investigation, and has been consistently threatening and influencing the witnesses.
"Since the State Police failed to investigate the case properly, the petitioner (daughter of the deceased), her mother and others approached the High Court and it was pleased to transfer the investigation to the CBI on March 11, 2020," her petition stated.
The petitioner said she was constrained to the approach the Supreme Court which transferred the trial to Hyderabad, Telangana from Kadapa, Andhra Pradesh as the accused were scuttling the investigation by getting false complaints and cases registered against the CBI officers, threatening witnesses with the aid of the state machinery and powerful people in the ruling party.
The petitioner also sought an ex parte stay on the High Court's judgement of May 31 and extend the time for completion of larger conspiracy. The apex court had already once extended the time for completing the investigation from May 30 to June 30.
On May 23, the apex court had shown displeasure with the Telangana High Court over delay in deciding anticipatory bail of Avinash Reddy.
Recently, the apex court had taken an exception to the High Court's direction to the CBI to quiz Kadapa MP in Q and A form in the case.
Former Minister Vivekananda Reddy, one of the brothers of the late Andhra Pradesh Chief Minister Y S Rajasekhara Reddy, and uncle of current Chief Minister Y S Jagan Mohan Reddy was found murdered at his residence in Pulivendula in Kadapa district, on the night of March 15, 2019, a few weeks before the Assembly elections in the State.
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