CBI slams Telangana HC’s “contradictory” order on bail

CBI tells SC that Telangana HC order to cancel and then grant bail to Gangi Reddy, main accused in the murder of Y.S. Vivekananda Reddy, is like a Frankenstein, an “eighth marvel” in bail jurisprudence

The Central Bureau of Investigation (CBI) on Wednesday slammed an order of the Telangana High Court which cancels and then grants bail to Yerra Gangi Reddy, the main accused in the murder of former Andhra Pradesh Minister Y.S. Vivekananda Reddy. The order is being challenged in the Supreme Court.

“This order is sort of an eighth marvel in bail jurisprudence. We have never heard of something like this. An order that cancels bail but also allows the bail. The High Court order is inherently contradictory,” Additional Solicitor General Sanjay Jain, appearing for the CBI, told a Vacation Bench of Justices P.S. Narasimha and Pankaj Mithal.

In April, the High Court had directed Mr. Yerra Gangi Reddy to surrender before the CBI on May 5. However, the same order also directed that he should be released on bail on July 1.

The High Court had reasoned that since the Supreme Court had given the CBI time till June 30 to complete its investigation into the murder case, there was no point denying Mr. Yerra Gangi Reddy his liberty beyond that point of time.

‘Like Frankenstein’

“In the last portion of its order in April, the High Court actually says that the Special Judge in Hyderabad to enlarge the accused on bail on his executing a personal bond… All this, after having cancelled his bail,” Justice Narasimha exclaimed.

“That last portion annihilates the whole order. It is like a Frankenstein,” Mr. Jain agreed.

Mr. Yerra Gangi Reddy’s lawyer submitted that his client had got default bail from a local court way back in 2019. “He had since then appeared before the police whenever he was called, like a hundred times… The case was then transferred to the CBI,” the counsel argued.

‘Balanced order’

“We will pass a balanced order. We will not deprive him of any freedom that he may have to file a bail application. He can seek regular bail … Only thing is after cancelling the bail giving so many reasons, the High Court had in the last portion of its order allowed the bail… That has to be looked into,” court addressed the lawyers on both sides.

The court was hearing a petition filed by Vivekananda Reddy’s daughter, Suneetha Narreddy, represented by senior advocate Siddharth Luthra. Ms. Narreddy had challenged the part of the High Court order allowing the accused bail on July 1.

Mr. Yerra Gangi Reddy has also separately challenged the cancellation of his bail by the High Court in a special leave petition.

‘Larger conspiracy’

The Bench posted the case for May 25, saying both petitions would be listed for hearing and disposal.

“Where is he? Is he still in custody?” Justice Narasimha asked.

“He is in custody,” Mr. Yerra Gangi Reddy’s counsel replied.

In November 2022, the Supreme Court had transferred the investigation to the CBI to probe the “larger conspiracy” behind the murder.

Former Minister Vivekananda Reddy was an uncle of the current Andhra Pradesh Chief Minister Jaganmohan Reddy. He was found stabbed to death at his residence in Pulivendula in Kadapa district, in March 2019.