ANDHRA PRADESH HIGH COURT AT AMARAVATI
D. Ramesh, J.
D. Siva Shankar Reddy – Appellant
Versus
Central Bureau of Investigation – Respondent
Criminal Petition No. 1904, 2523, 2719, of 2022
Decided On : 01-08-2022
BAIL - Criminal Petitions - Sec. 437 and 439 Cr.P.C. - [Sec. 437, 439] - The court discussed the provisions of Sec. 437 and 439 of the Criminal Procedure Code in relation to the bail applications filed by the accused. The court considered the seriousness of the crime, the nature and gravity of the accusations, and the likelihood of the accused influencing witnesses and interfering with the investigation. The court rejected the bail applications, emphasizing the continuing nature of the conspiracy and the involvement of the accused in the larger conspiracy of murder and destruction of evidence at the scene of the crime.
JUDGMENT
D.RAMESH, J. - All the criminal petitions arise out of same crime number, against same respondents and the issue involved in all the three criminal petitions are also the same, but petitioners/accused are different. Hence all the three criminal petitions are being disposed of with a common order taking the Criminal Petition no.1904 of 2020 as a leading case.
Crl.P.No.1904 of 2022:
2. This criminal petition is filed under Sec. 437 and 439 Cr.P.C. seeking to release the petitioner/accused no.5 on bail pending enquiry and trial in connection with PRC No.2/2022 on the file of the Court of the Judicial Magistrate of First Class, Pulivendula, Y.S.R.Kadapa District.
Crl.P.No.2719 of 2022:
3. This criminal petition is filed under Sec. 437 and 439 Cr.P.C. seeking to release the petitioner/accused no.2 on bail in crime No.RC-4(S)/2020/CBI/SC.III/ND on the file of Central Bureau of Investigation, CBI, New Delhi-110003.
Crl.P.No.2523 of 2022:
4. This criminal petition is filed under Sec. 437 and 439 Cr.P.C. seeking to release the petitioner/accused no.3 on bail in Crime No. RC-4(S)/2020/CBI/SC.III/ND on the file of Central Bureau of Investigation, CBI, New Delhi-110003.
2. Heard Sri T.Niranjan Reddy, learned senior counsel appearing for Sri Dilip Jayaram, learned counsel for the petitioner, Sri Posani Venkateswarlu, learned Senior counsel appearing for Sri Ramakrishna Akurathi, learned counsel for the 2nd respondent and Sri A.Chennakesavulu, Special Public Prosecutor appearing for the respondent-CBI.
3. The petitioner herein is alleged to be accused No.5/A5 in Crime No.84 of 2019 of Pulivendula Urban Police station under Sec. 174 of Criminal Procedure Code [for short Cr.P.C]. This being the 3rd bail application, filed by the petitioner/accused no.5.
4. The case of the prosecution is that on 15/3/2019 at about 8.00a.m. one Mr. M.V. Krishna Reddy, Personal Assistant of Y.S.Vivekananda Reddy [herein after referred as the deceased] gave a report to the Police, Pulivendula stating that the deceased found in the bathroom lying in pool of blood with certain injuries. On the said complaint, Pulivendula Urban Police registered the same as a case in Crime No.84 of 2019 under sec. 174 of Cr.P.C. On that inquest was conducted over the dead body of the deceased and opined that the deceased was murdered by unknown persons. For investigating the same, Special Investigation Team (SIT) was constituted on 15/3/2019, headed by Additional DGP. During the course of investigation, basing on the statements of several witnesses, SIT arrested one Thummala Gangi Reddy @ Erra Gangi Reddy (A1) on 5/4/2019. Later confessional statements of the accused were recorded, they were remanded to judicial custody and released on bail consequently.
5. While that being so, Mrs.Y.Sowbhagyamma, wife of the deceased filed W.P.No.3944 of 2019 before this Court to entrust investigation to Central Bureau of Investigation (CBI) and another Writ Petition No.1639 of 2020 was filed by Dr.D.Sunitha Reddy, daughter of the deceased and her husband-Mr.N.Rajasekhar Reddy. This court by a common order dtd. 11/3/2020 allowed both the writ petitions and directed the CBI to conduct further investigation. During the course of investigation, CBI arrested one Sunil Yadav (A2) on 2/8/2021 at Goa and was remanded to judicial custody on 4/8/2021 by Judicial Magistrate of First Class, Pulivendula and also arrested one Gajjala Uma Sankar Reddy (A3) and remanded to judicial custody on 9/9/2021. On 25/8/2021 Sec. 161 Cr.P.C. statement and on 31/8/2021 164 (1) Cr.P.C. statement of Shaik Dasthagiri (A4) were recorded and he was granted pre-arrest bail by the IV Additional Sessions Judge, Kadapa on 22/1/2021.
6. In the said statements, A4 revealed the role of each accused including himself. According to the statements, it is alleged that A1 informed to A4 that influential people are behind and they will give forty crores of rupees, out of which, A4 will be given five cores. It is also stated that one Suni
Ajay Aggarwal vs. Union of India and Others
Kalyan Chandra Sarkar vs. Rajesh Ranjan @ Pappu Yadav and Anr
Manoj Kumar Khokkar vs. State of Rajasthan
Pratapbhai Hamirbhai Solanki vs. State of Gujarat and Another
Virupakshappa Gouda and Another vs. State of Karnataka and Another
The court emphasized the seriousness of the accusations, the continuing nature of the conspiracy, and the likelihood of the accused influencing witnesses and interfering with the investigation in rej....
Grant or rejection of bail is only to be considered basing on the facts and circumstances of each case. If there is any technicality, it can be considered at the time of trial, not at the time of con....
(1) Bail – Object of bail is neither punitive nor preventative – Deprivation of liberty must be considered a punishment, unless it is required to ensure that accused person will stand his trial when ....
Point of Law : Right of the accused to claim bail on account of default committed by the prosecuting agency in completing the investigation within the time stipulated in the statute is a statutory ri....
The court determined that prolonged detention does not automatically entitle an accused to bail when substantial evidence of guilt exists, underscoring the rights to a speedy trial within serious cri....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.