Don’t arrest Avinash Reddy till final orders’ on Wednesday: Telangana HC

The MP had not cooperated with the investigating agency when he was summoned and questioned four times earlier, the CBI counsel told the court

Kadapa MP Y.S. Avinash Reddy. | Photo Credit: SUBRAMANYAM U

Justice M. Laxman of Telangana High Court on Saturday directed the CBI officials not to arrest till Wednesday Kadapa MP Y.S. Avinash Reddy of YSRCP, who applied for anticipatory bail in the murder case of Y.S. Vivekananda Reddy.

While passing the direction on Saturday, the judge said the final orders would be pronounced in the criminal petition filed by the MP seeking pre-arrest bail. The judge heard the arguments of E. Uma Maheshwar Rao and L. Ravichander appearing for the MP and Vivekananda Reddy’s daughter Suneetha Reddy from 10.30 a.m. to 6 p.m. on Friday.

The vacation court judge heard the arguments on Saturday though it is a holiday. CBI senior prosecutor Anil Tanwar and prosecutor Kompally Anil presented their contentions for three hours, vehemently opposing granting of anticipatory bail to the MP.

The bail should not be granted to the MP because of the possibility of the MP influencing or threatening the witnesses and tampering with evidence, Mr. Tanwar contended. He said that Mr. Avinash Reddy had not co-operated with the CBI when he was summoned and questioned earlier four times.

The CBI senior public prosecutor said one of the accused Suneel Yadav had gone to Avinash Reddy’s house soon after the murder of Vivekananda Reddy. The MP’s mobile phone Internet Protocol Detail Record (IPDR) analysis suggested that he was active on WhatsApp before and after the murder, he said. The judge sought to know if the CBI has ascertained with whom the MP had chatted or had conversations through WhatsApp before and after the murder.

However, the CBI counsel said the IPDR analysis would suggest only if the user was active but would not help in tracking or tracing with whom the caller had spoken or chatted with.

The MP was adopting a “strategy of correspondence” whenever the CBI had sent a notice to him to appear for questioning. He would send message or letter stating he was pre-occupied and seeking deferment of examination, the lawyer said. Questioning the MP’s objection to custodial interrogation, the CBI counsel asked what special status or capacity did Mr. Avinash Reddy have, which was not available to the other accused lodged in prison in the case.

Mr. Tanwar said the CBI had recorded statements of some witnesses which were crucial to ascertain and establish larger conspiracy aspect in the murder. When the judge sought to know if the statement copy was placed before the court so that it can be accessed by the petitioner, the prosecutor said the CBI cannot do so “at this juncture” in the backdrop of the security and privacy of the witness.

The CBI counsel said the earlier investigating officer Shankaraiah of the local police had been influenced by the petitioner. Another witness, who was examined by the CBI, had died before his statement was recorded under Section 161 of Criminal Procedure Code. The MP’s counsel sought a direction not to stay his client since he was attending on his ailing mother who was being operated on in a hospital in Hyderabad.

The CBI counsel said he would oppose any such direction. Finally, the judge directed the CBI not to arrest the MP till Wednesday on which day he would pronounce the final order.