SC sets aside Telangana HC anticipatory bail order of Avinash Reddy; CBI gets 2 more months for Viveka murder probe

Also read: Viveka Reddy’s 2nd wife’s statement surfaces

What the apex court said

The CJI said that the Telangana High Court was premature and misapplied itself to pass an extraordinary judgement.

The Telangana High Court, on 18 April, directed the CBI not to arrest Avinash Reddy till 25 April.

The court — in its interim orders delivered after completing the arguments in the petition filed by Avinash Reddy seeking anticipatory bail — asked him to appear before the CBI daily till 25 April.

The high court also directed the premier investigating agency to submit the audio and video recordings to it along with the questionnaire prepared to grill Avinash Reddy.

While hearing the petition filed by Viveka’s daughter Dr Narreddy Suneeta Reddy seeking cancellation of the Telangana HC order, the CJI on Monday said that the high court was premature and misapplied itself to pass an extraordinary judgement.

The CJI-led bench had earlier stayed the high court’s directions that the questions put to Avinash Reddy by the CBI be in printed form and circulated in advance, and that the interrogation be taped.

When senior advocate Mukul Rohatgi, appearing on behalf of Avinash Reddy, said there was a wrong interpretation, the CJI said: “If this is the standard for investigation then it is better to wind up the CBI! Imagine other accused will cite this as a precedent.”

He added: “First anticipatory bail and then questionnaire to CBI! This is like rewriting criminal law jurisprudence. The CBI may or may not arrest you. It may not arrest you as it seems. But this is not the way. If this yardstick then same written questionnaire will have to apply in all CBI and ED cases. HC order says questions’ answers should be in printed format and CBI should hand it over etc why do we need the CBI then at all.”

He added: “The findings of the high court are clearly premature. Having due regard to what has been stated by CBI, we’re of the view that HC has misapplied itself and passed an extraordinary order. An order of this nature will harm the investigation. There is no warrant for High Court that a person investigated should have questions in written or printed form. Such orders of the court allow grave prejudice to the investigation.”

Also read: Apex court slams of Telangana HC stay on Avinash Reddy arrest

The case

Andhra Pradesh Chief Minister Jagan Mohan Reddy’s paternal uncle Vivekananda Reddy — popularly known as Viveka — was murdered at his residence in Kadapa on the intervening night of 14 and 15 March, 2019.

Another of the chief minister’s uncles — and Avinash Reddy’s father — YS Bhaskar Reddy was arrested on 16 April.

Bhaskar Reddy was charged under Sections 120B (conspiracy), 302 (murder) and 201 (causing disappearance of evidence) of the Indian Penal Code (IPC) as he played a crucial role in the case, according to the CBI.

Soon after Vivekananda Reddy’s death, Bhaskar Reddy and Avinash Reddy’s names figured in the murder case that created a sensation before the Assembly elections in Andhra Pradesh in 2019.

The probe agency believes he had spoken to the accused before and after the murder.

According to the CBI, the father and son hatched the plot to murder Vivekananda Reddy and sheltered the accused.

Their associate Devireddy Shiva Shankar Reddy played a crucial role in erasing evidence, the CBI said in a response filed before the court to oppose the bail of Sunil Yadav, who is an accused in the case.

The CBI also said that a ₹40 crore “supari” (contract to kill) was offered to the accused to eliminate Viveka.

The Supreme Court last November transferred the case from Andhra Pradesh to a Special CBI Court in Hyderabad for investigation and trial into the conspiracy behind the murder case.