Viveka murder case: CBI questions Telangana HC order to release prime accused, terms it ‘self-contradictory’

While cancelling the bail granted to Yerra Gangi Reddy on 27 April, the Telangana HC said he should be freed on 1 July.

ByRaj Rayasam

Published May 24, 2023 | 5:34 PMUpdatedMay 24, 2023 | 5:34 PM

The CBI filed a chargesheet in Vivekananda Reddy's murder case on 26 October 2021 and followed it up with a supplementary chargesheet on 31 January 2022. (Twitter)

The CBI on Wednesday, 24 May, questioned the provisions in the Telangana High Court’s order allowing bail to Yerra Gangi Reddy, the prime accused in the YS Vivekananda Reddy murder.

Former minister of Andhra Pradesh Vivekananda Reddy, often referred to as Viveka, was found hacked to death at his Pulivendula residence in the Kadapa district on the intervening night of 14-15 March, 2019.

Attempts were initially made to pass off the murder as a death due to cardiac arrest.

In its 27 April order, the high court had cancelled the bail granted to Gangi Reddy but directed that he be released on 1 July. The accused was asked to furnish a personal bond of ₹1 lakh and two sureties.

Challenging the provisions in the high court order in the Supreme Court, the CBI supported Viveka’s daughter Narreddy Sunitha Reddy, who has also opposed the bail.

The CBI said the conditions included in the order were surprising since the high court simultaneously cancelled Gangi Reddy’s bail and granted him the same from 1 July.

Also accused in the case are YSRCP’s Kadapa MP and Viveka’s nephew YS Avinash Reddy — who the CBI has been attempting to arrest over the last four days in Kurnool — and his father Bhaskar Reddy, who is in custody.

Viveka was also the paternal uncle of Andhra Pradesh Chief Minister YS Jagan Mohan Reddy.

Related: SC directs Telangana HC to hear Avinash Reddy bail plea on 25 May

CBI to file counter plea

The premier investigation agency also said, if provided time, it would file a counter-petition against the order to release the accused.

Gangi Reddy’s counsel submitted to the court that the accused had filed a Special Leave Petition against the cancellation of the bail.

While adjourning the case to Friday, 26 May, the Supreme Court said it would take up all related petitions, including the SLP, with Sunitha’s plea for hearing.

Arguing before a Vacation Bench comprising Justices PS Narasimha and Pankaj Mithal, the CBI said the high court granting bail to Gangi Reddy was self-contradictory.

Additional Solicitor General Sanjay Jain, appearing for the CBI, said that it was the first time that he was hearing about an order that allowed a bail cancellation petition and at the same time allowed it. It is a contradiction, he argued.

Related: Standoff over Avinash Reddy’s arrest from Kurnool hospital

Probe agency supports Viveka’s daughter

The ASG said that they supported the petition (Sunitha’s) and that they want to file an affidavit on Thursday, 25 May, and urged the court to hear the case on Friday.

The court said that its order would be a balanced one, without denying Gangi Reddy the freedom to seek bail.

Sunitha’s counsel Siddharth Luthra wondered how the high court could grant bail while cancelling it.

When the bench referred to the high court order, which directed the trial court to enlarge the accused on bail on 1 July, the ASG said it “annihilated the whole order”.

Gangi Reddy’s counsel told the bench that they too had filed a plea in the apex court against the high court’s order cancelling the bail.

In its 27 April order, the high court said: “Accused No.1 (Gangi Reddy) is directed to surrender on or before May 5, 2023. 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.”

Viveka was the brother of the former chief minister of Andhra Pradesh, YS Rajasekhara Reddy, and uncle of the current chief minister.

Related: A 2020 statement by 2nd wife of Viveka emerges surfaces

The case so far

Vivekananda Reddy was found murdered in his bathroom in his house in the Kadapa district of Andhra Pradesh in 2019.

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.

Bhaskar Reddy has been 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.

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.

The apex court’s decision came on a petition by Viveka’s daughter, Dr Narreddy Sunitha Reddy, who had in the past alleged that Avinash Reddy was hampering the CBI probe.

Sunitha Reddy was also instrumental in having the investigation, which was being probed by a Special Investigation Team set up by the Andhra Pradesh police, transferred to the CBI.

Meanwhile, the CBI, in its counter filed in the high court, opposing anticipatory bail to YSRCP MP Avinash Reddy, mentioned about his mobile phone calls from 6 pm on 14 March to 8 am on 15 March in 2019.