HC seeks Viveka murder accused response on bail cancellation plea

HYDERABAD: The Telangana High Court on Thursday sought the response of Yerra Gangi Reddy, one of the accused in the murder case of Y.S. Vivekananda Reddy, over a petition by the CBI seeking cancellation of his bail.

The bench headed by Justice Chillakuri Sumalatha issued notices to Gangi Reddy to furnish his response by March 31. This criminal petition was transferred from the High Court of Andhra Pradesh to the Telangana High Court on the directions of the Supreme court.

On January 16, 2023, the Supreme Court directed the Telangana High Court to re-examine the Central Bureau of Investigation’s (CBI) petition seeking the cancellation of bail granted to Gangi Reddy by a trial court in Pulivendula of Kadapa district in Andhra Pradesh.

The bail was granted on default grounds under Section 167(2) of the CrPC which specifies bail as a right after statutory detention of 60/90 days.

Following Y.S. Vivekananda Reddy’s murder in 2019, the Andhra Pradesh SIT arrested Gangi Reddy on March 28, 2019, charging him as the main accused in the case. After his 90-day detention period ended on June 26, 2019, he filed a bail plea and was released.

After the CBI took over the probe, it filed a plea at the CBI court in Kadapa seeking cancellation of the bail, but the same was dismissed.

The CBI then filed a petition with the Andhra Pradesh High Court for cancellation of the bail, but the same was rejected on the grounds that the bail cannot be cancelled on merit following its grant under Section 167(2) of the CrPC.

Dissatisfied with the judgment, the CBI appealed the same in the Supreme Court, which observed that despite the accused being released on default bail, a strong case made out against him in the chargesheet allows for the cancellation of the bail.

The top court then transferred the petition to the Telangana High Court for re-examination, as the murder case was also transferred from the Kadapa Court to Hyderabad.