The Supreme Court today directed the Vacation Bench of the Telangana High Court to consider the Anticipatory Bail application of Member of Parliament, Y.S. Avinash Reddy. The Court passed the order in a Miscellaneous application filed by the MP. The Court refused to consider the prayer of the anticipatory bail or to enter into the merits of the case.

The Vacation Bench of Justice J.K. Maheshwari and Justice P.S. Narasimha noted that "An application being MA 1301 of 2023 has been moved by the Respondent No.1 in Criminal Appeal No. 1251 of 2023 making an alternative prayer as follows: Pass an Order directing that CRLP No. 3798/2023 titled “Y.S. Avinash Reddy vs. The State of Telangana” pending before the High Court for the State of Telangana at Hyderabad be listed in the next available Vacation Bench, i.e, on 18.05.2023 or 25.05.2023 and till such time, the Applicant be granted an interim protection of pre-arrest bail".

Continuing, the Bench said in its order that "We are inclined to accept the prayer as the anticipatory bail application which was taken up pursuant to the order passed by this Court on 24.04.2023 was heard on 27.04.2023 and 28.04.2023 and no orders were passed. We direct that Criminal Petition No. 3798/2023 shall be placed before the next vacation bench on 25.05.2023 and necessary orders may be passed after hearing all the parties. We clarify that the fact the earlier bench heard the same Criminal Petition No. 3798/2023 will not come in the way of the vacation Court."

Senior Advocate Sidharth Luthra along with Advocate-on-Record Jesal Wahi appearing for the Respondent in the MA submitted that the prayer also seeks Anticipatory Bail. The Supreme Court clarified that they are only granting the limited prayer of having a hearing before the High Court and they have not delved into the merits of the case. "Our direction is only for the vacation court to hear the matter," observed Justice Narasimha.

In the MA moved by Y.S. Avinash Reddy accused in the murder of Ex-Andhra Pradesh CM's brother Y.S. Vivekananda Reddy, it had been submitted that he was summoned as a witness by the CBI, but has not been made an accused in the two charge sheets filed by the CBI and yet he is being hounded as a perpetrator of the crime, primarily on account of a hearsay statement.

It is further added in the application that "The CBI has maliciously arrested the father of the Applicant on 16.04.2023 and hence, apprehending that he will be also falsely implicated and arrested, the Applicant filed an anticipatory bail petition before the High Court".

Senior Advocate V Giri appearing for the accused Reddy submitted to the Court that the "Ld. Single Judge heard the anticipatory bail petition on 27.04.2023 as well as on 28.04.2023, did not pass any order despite pressing circumstances and put the matter for further hearing on 05.06.2023 without giving any interim protection, thereby failing to appreciate that in the event the Applicant is arrested, his petition u/s 438, CrPC will become infructuous."

Giri further submitted that Applicant has serious apprehension about his life and liberty and anticipates his arrest sooner than later. Giri sought that Reddy be protected from being taken into custody till his anticipatory bail petition is heard by the Single Judge on June 5, 2023, or in the alternative, to get the said petition posted for hearing before the next available Vacation Bench in the High Court and give him protection from arrest till such Vacation Bench disposes of his Application.

The Court expressed its displeasure and observed that the matter was heard for 2 days successively and that some orders should have been passed one way or the other. "Not happy from both angles, one is with respect to the Court not passing the order. After our order, we set it aside and sent it back, how much time does it take to hear" observed Justice Narasimha

As per the Supreme Court's Judgement dated April 24, 2023, the Central Bureau of Investigation (CBI) was directed to complete the investigation in the present matter before June 30, 2023.

The subject crime relates to the death/murder of Sri Y.S. Vivekananda Reddy who was the paternal uncle of the Applicant, on the intervening night of 14-15 March, 2019. The Personal Assistant of the deceased Mr. M.V. Krishna Reddy, found the body at his residence on the morning of March 15, 2019.

Cause Title: Suneetha Narreddy v. Y. S Avinash Reddy & Anr. [MA No. 1285/2023 in Crl.A. No. 1251/2023]

Justice JK MaheshwariJustice PS Narasimha

Ramey Krishan Rana