OMC Case: Gali, Others Get Bail, Conviction Suspended

While suspending the conviction and enlarging bail to Janardhan Reddy, the High Court observed that it is of the prima facie view that if conviction is not suspended, Janardhan Reddy, sitting MLA, who gained confidence of the people, would not be in a position to represent his constituency people. Therefore, the court was inclined to suspend the conviction recorded by the Special Court.

Moreover, the court also considered that the convicts already underwent more than half of the conviction period, at the time of remand stage only.

Justice K. Lakshman of the High Court pronounced the said orders on Wednesday in the interlocutory petitions filed by Jandardhan Reddy, B.V. Sreenivasa Reddy, Mehfuz Ali Khan and V.D. Raja Gopal, who had been convicted in OMC case by the CBI Special court and they approached the High Court by filing appeals to set aside the CBI Court orders.

In the said appeals, they also filed interlocutory applications requesting the court to suspend the conviction orders, till their appeals were decided by the High Court and requested to enlarge them on bail.

Janardhan Reddy’s contention was that the secretary of Karnataka Legislative Assembly has already issued a notification, stating that he was disqualified from the membership of Karnataka Legislative Assembly from the date of conviction and that such disqualification shall continue for a period of six years since his release, unless the conviction is stayed.

Further, contention was that at any time, the Election Commission of India (ECI) may be issued notification for conduct of byelection to the assembly constituency to which he representing, in which event, he cannot represent people of his constituency who reposed confidence on him by electing him as Member of Legislative Assembly. He cannot contest in the next elections. With other contentions, remaining convicts filed petitions.

After considering the arguments of convicts and CBI, while granting relief to Janardhan Reddy, the High Court opined that it was apt to note that even in the absence of pleading to the said effect, it was a statutory presumption that if the court failed to suspend the conviction, disqualification of him would continue and elections would be held in which event, Gali would not be in a position to represent his constituency people.

The court also said that if ECI issues notification for conduct of byelection to the aforesaid constituency, the petitioner Gali Janardhan Reddy would be put to irreparable loss and injury. Thus, there are irreversible consequences and special circumstances to grant bail to him by suspending the conviction and sentence of imprisonment, the court said.

Justice K. Lakshman also cited that there was no allegation against him that he has not cooperated with the Special Court in concluding trial and that he has violated the conditions imposed on him while granting bail. He has paid the fine amount imposed by the Special Court.

Noting various findings to stay the conviction judgment of the special court to remaining convicts, the High Court granted conditional bail to them. They shall execute a personal bond for Rs 10 lakh only, with two sureties for a like sum each to the satisfaction of Principal Special Judge for CBI Cases, Hyderabad. They shall not leave the country without prior permission of the High Court.