IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
M. Laxman, J.
Y.S.Avinash Reddy – Petitioner
Versus
The State of Telangana – Respondent
Criminal Petition No. 3798 of 2023
Decided On : 31-05-2023
Indian Penal Code,1860 - Section 302 - Criminal Procedure Code,1973 – Section 161 and 438 – Offence of Murder - Seeking anticipatory bail - Held, there is no allegation at any point of time CBI claimed about interference of petitioner in investigation and involved in tampering of evidence and threatening witnesses and complainant, except allegation touching destruction of scene of offence - Gravity of accusation is not yet clearly brought on record by CBI so far - Entire case rests upon hear-say evidence and assumptive evidence - No direct evidence is available against the petitioner to prove his participation in larger conspiracy - They tried to rely upon improved case of witnesses and approver - In te said background, Court does not find any justification for a custodial interrogation of petitioner by the CBI authorities and Court inclines to extend anticipatory bail to petitioner with certain conditions - Criminal Petition is allowed
ORDER :
Before I delve into facts of present petition, I felt to place on record certain attempts by selective media to thwart and derail judicial process by making attempts to tarnish my image and attempts to intimidate and threaten to derail independent thought process in arriving just decision in this matter. The individuals of selective media facilitated and abetted by airing views of selective personnel of their choice with conscious knowledge of their antecedents to intimidate, to threaten and to damage my reputation by personal attack. I have greatest regard to press and news media which is fourth estate and which is forerunner in preserving democracy. They have every right to express their opinion touching merits of any decision which is essential in rightful democracy. Day by day, reputation of such important institution is eroding but for some individuals.
2. One of the participant, who is suspended and detained judge made direct attack by saying “money bags went to Judge”. Other participant who seems to be holding respectable office made derogatory language (“Cheyyendra”) and gestures which are aimed to tarnish my comprehension and competency by his mis-interpretation and misunderstanding of deliberations of Court proceedings. I am least worried about such attempts to tarnish image since image one had is indestructible and if such image is prone to destruction, it is not image at all.
3. All that concerned me is inroads of such actions to damage institutional image. It is high time to protect image by concerted efforts. I am greatly hurt not by individual comment but facilitation and abetment done by selective media. In my view, such actions clearly amount to invocation of proceedings under contempt of Courts Act, but I desist to do leaving open to head of institution to take or not to take action. At one stage, I thought of recusal, but for direction of the Apex Court and remindful of oath of office particularly “discharge of duties without fear”, I changed my mind. I direct the Registry to place this order and video clippings of debates of Mahaa News and ABN News (Telugu) dated 26/5/2023 by down loading from available source with regard to evening/early night debates over present proceedings along with this order before the Hon’ble the Chief Justice of High Court for the State of Telangana to take appropriate decision.
4. This petition is filed under Section 438 of Cr.P.C seeking anticipatory bail apprehending the arrest of the petitioner in FIR No.RC-04(S)/2020/CBI/SC-III/New Delhi dated 09.07.2020, for the offence under Section 302 of IPC registered by the Central Bureau of Investigation (for short ‘CBI’).
5. The background of facts disclose that on the intervening night of 14/15.03.2019 in between 01.30 am to 03.00 am in the house of Y.S. Vivekananda Reddy (hereinafter referred to as ‘deceased’), situated at Bhakarapuram, Pulivendula Town, Kadapa District, accused No.1 to 4 hacked the deceased to death. Accused No.1 was close follower of the deceased and he was with the deceased in his house on the date of incident. In pursuance of conspiracy, which was formed on 10.02.2019, accused No.1 facilitated accused Nos. 2 to 4 to enter the house of the deceased, and all of them hacked the deceased to death with axe and also traced out valuable documents and took away them. Accused Nos. 2 to 4 went away from the side door and accused No.1 left from the front main door, which was allegedly witnessed by one Ranganna, watchman/gardener. Accused No.1 threatened Ranganna that he would be killed, if he discloses the incident to anyone.
6. The incident came to light when one M.V.Krishna Reddy, who is Personal Assistant of the deceased came to the house and when the deceased did not open the door, he asked Ranganna, cook-Lakshmamma and her son to go inside and wake up the deceased. Upon the same, they found that the bedroom was completely covered by blood and they found the deceased was in pool of blood in the bathroom. Immediately,
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Anticipatory bail should only be granted under exceptional circumstances; the court must consider the nature of accusations, the applicant's history, and potential risks to public safety and the inve....
Anticipatory bail should be granted only in exceptional circumstances, considering the seriousness of the charges and the potential for witness tampering.
The court emphasized the delicate balance between personal liberty and societal interest in deciding anticipatory bail applications, considering the nature and gravity of the accusation, the accused'....
The court's decision underscores the importance of considering the nature and gravity of the accusation, the petitioner's antecedents, and the impact of granting anticipatory bail in cases affecting ....
Anticipatory bail is an extraordinary relief granted sparingly, especially when investigation integrity may be compromised by political influence.
The court's decision underscored the importance of evaluating the accused's role, antecedents, and the genuineness of the prosecution when considering anticipatory bail applications.
The court emphasized that anticipatory bail should be granted only in exceptional cases, considering the gravity of accusations and the accused's history, particularly when public order is at risk.
The seriousness of the allegations, including murder conspiracy and potential harm to the deceased's family, warranted the dismissal of the petition for anticipatory bail.
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