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"This is an unfortunate case, the CBI's stand is that the accused is not cooperating at all..30th June is the time fixed for completing investigation, this matter is proceeding unfortunately..", Senior Counsel Siddharth Luthra told the bench.
The Supreme Court on Monday issued notice on plea by Suneetha Nareddy, challenging anticipatory bail granted to YSRCP MP from Kadapa YS Avinash Reddy, in the case against him for murdering her father, the former Andhra Pradesh Minister Y S Vivekananda Reddy.
A bench of Justices MM Sundresh and Surya Kant has further ordered that the appeal be listed on July 3rd, with the connected matter.
"Issue notice, returnable on 3rd July. List before 1st bench with connected matter, after obtaining appropriate order from Chief Justice of India. Condone delay. Dasti in addition", the division bench ordered.
Last week, a vacation bench of the Supreme Court had deferred hearing of the plea filed by Suneetha Narreddy, challenging the anticipatory bail granted to Avinash Reddy.
Justices Vikram Nath and Ahsanuddin Amanullah, while refusing to issue notice in the plea had ordered that the matter be listed on June 19.
A bench of Justices Aniruddha Bose and Rajesh Bindal recently had decided to hear Nareddy's plea against the Telangana High Court's judgement of May 31 granting anticipatory bail to Avinash Reddy.
A single judge bench of the High Court, Justice M Laxman had 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 instant special leave petition, filed by Nareddy 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 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.
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.
Case Title: Dr Suneetha Narreddy vs. YS Avinash Reddy
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