IMPORTANT POINT
Cancellation of bail – Interference or attempt to interfere with due course of investigation or administration of justice is one of prominent factors for cancellation of bail.

ORDER

Dr. Chillakur Sumalatha, J.—This matter came up for consideration before this Court basing on the application initially filed before the High Court of Andhra Pradesh at Amaravathi by the Central Bureau of Investigation (hereinafter referred to as “the CBI” for brevity) seeking cancellation of bail that was granted in favour of accused No.1 (respondent No.1 herein) in RC.No.04(S)/2020/SC-III/New Delhi. The High Court of Andhra Pradesh which dealt with the matter through orders, dated 16.3.2022, exhibiting an opinion that there are no legal grounds to cancel the bail that was granted in favour of accused No.1 (respondent No.1 herein), dismissed the application, vide Criminal Petition No.788 of 2022.

2. CBI carried the matter in appeal to the Hon’ble Supreme Court. The Hon’ble Supreme Court rendered judgment on 16.01.2023 in Criminal Appeal No.37 of 2023, remitting the matter back to the High Court for considering the application moved by the CBI afresh in accordance with law and on merits in the light of the observations made by it. The Hon’ble Supreme Court, in pursuance of the earlier judgment and the order rendered by it transferring the case to C.B.I. Special Court, Hyderabad, ordered that the application moved for cancellation of bail, which was earlier filed before the High Court of Andhra Pradesh at Amaravathi, be transferred to the High Court for the State of Telangana. The Hon’ble Supreme Court ordered this Court i.e., High Court for the State of Telangana to consider, decide and dispose of the application for cancellation of bail on merits and in the light of the observations made. Thus, the present case came up for consideration before this Court.

3. Heard Sri N. Nagendar and Sri Anil Talwar, learned Special Public Prosecutors for CBI. Also, heard Sri D. Seshadri Naidu, learned senior counsel, who argued on behalf of Sri C. Sharan Reddy, learned counsel on record for respondent No.1-accused No.1. Also heard, Sri L. Ravi Chander, learned senior counsel and Sri Posani Venkateswarlu, learned senior counsel, who argued on behalf of Ms. T. Swetcha, learned counsel on record for respondent No.2.

4. Perused the contents of entire material that is placed by the contesting parties and the contents of the case law relied upon.

5. The case of the CBI, as per the contents of charge sheet, in capsule, is that a larger conspiracy and pre meditated plan resulted in the death of Sri Y.S.Vivekananda Reddy (hereinafter referred to as “the deceased” for brevity), who was a prominent political person at the State of Andhra Pradesh. The deceased served as Member of Legislative Assembly, Member of Lok Sabha and as Minister in the Government of Andhra Pradesh for a considerable period. The deceased happens to be the brother of former Chief Minister of Andhra Pradesh and uncle of the present Chief Minister of the same State.

6. The plan for assassination of the deceased was prepared in or around 10.02.2019 at the house of accused No.1, for cancellation of whose bail, the CBI is before this Court. The ex-driver of the deceased i.e., accused No.4-Shaik Dasthagiri, accused No.2-Y.Sunil Yadav and accused No.3- Gajjala Uma Shankar Reddy were part of the plan and conspiracy. All were having different reasons for boring grudge against the deceased. On the date on which all gathered, i.e., on 10.02.2019, accused No.1 (respondent No.1 herein) proposed for killing the deceased. On a query posed by accused No.4-Shaik Dasthagiri, accused No.1 (respondent No.1) said “You are not alone, we are all with you and we have support of very powerful persons”. Accused No.4-Shaik Dasthagiri enquired “who are those powerful persons.” On that, accused No.1 (respondent No.1 herein) replied that Y.S.Avinash Reddy, Y.S.Bhaskar Reddy, Y.S.Manohar Reddy and D.Siva Shankar Reddy are also involved in the plan and that D.Siva Shankar Reddy (who is arrayed a