Telangana HC grants anticipatory bail to Avinash Reddy in YS Viveka murder case

Hyderabad: The Telangana High Court on Wednesday granted conditional anticipatory bail to Kadapa MP Y S Avinash Reddy, in connection with the murder of former minister and his uncle Y S Vivekananda Reddy.

The court also directed Avinash Reddy not to leave the country without prior permission of the CBI, till the investigation was complete and that he shall not tamper with the prosecution witnesses or alter any evidence.

“The petitioner shall cooperate with the investigation and shall appear before the CBI Police every Saturday from 10 am to 5 pm., till the end of June 2023 and shall regularly appear as and when he is required for investigation,” Justice M Laxman said in his order.

The petitioner shall be released on bail in the event of his arrest by the CBI, on the execution of a personal bond of Rs 5 lakhs only with two sureties for a like sum each to the satisfaction of the CBI, the order said.

Avinash Reddy, cousin of Andhra Pradesh Chief Minister YS Jagan Mohan Reddy is under the CBI scanner and has been examined several times by the central agency this year. Earlier, his father Y S Bhaskar Reddy, was arrested by the CBI on April 16.

While seeking enlargement of Avinash Reddy on anticipatory bail, his lawyer had contended that to date, Avinash Reddy was not shown as accused in connection with the alleged larger conspiracy.

Pursuant to the summons, the petitioner was examined by the CBI on seven occasions from January 2023 to April 2023, but at any point in time the agency did not ventilate the grievance of non-co-operation from the petitioner, the counsel submitted.

Avinash Reddy's counsel contended that he was being implicated to rope in a larger conspiracy without any admissible evidence, which has been collected so far in the investigation and attempts are being made to frame the petitioner with ulterior motives to spoil his political career.

The CBI in the counter affidavit opposed the grant of anticipatory bail to Avinash Reddy and submitted that inconsistencies were found in his statements, and he is not coming forth with respect to the larger conspiracy behind the murder.

In its additional counter affidavit, the central agency further submitted that Avinash Reddy despite being issued notices did not appear before it on May 16, May 19, and 22. Avinash Reddy had sent an intimation on May 21 that he has to take care of his mother, who is admitted at a hospital in Kurnool, and requested to defer his appearance by 7 days.

The CBI further submitted that the Supreme Court had given directions to it to complete the investigation by June 30, 2023, and Avinash Reddy is deliberately avoiding the investigation and creating hindrances in conducting the investigation of the case and sought for dismissing his anticipatory bail application.

The Telangana High Court in its order observed: “From the investigation done so far, there is no allegation at any point of time CBI claimed about the interference of the petitioner in the investigation and involved in tampering of evidence and threatening the witnesses and the complainant, except the allegation touching the destruction of the scene of offence.

The gravity of the accusation is not yet clearly brought on record by the CBI so far. The entire case rests upon hearsay evidence and assumptive evidence. No direct evidence is available against the petitioner to prove his participation in a larger conspiracy”.

“They tried to rely upon the improved case of the witnesses and the approver. In the said background, this Court does not find any justification for custodial interrogation of the petitioner by the CBI authorities and hence, this Court inclines to extend the anticipatory bail to the petitioner with certain conditions.”.

Vivekananda Reddy, one of the brothers of the late Andhra Pradesh Chief Minister Y S Rajasekhara Reddy, was found killed at his residence in Pulivendula in Kadapa district, on the night of March 15, 2019, weeks before the Assembly elections in the State.

The case was initially probed by a special investigation team (SIT) of the state criminal investigation department but was handed over to the CBI in July 2020.

Inputs from PTI