GANGULA SURYANARAYANA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner has been seeking regular bail. He is accused No. 1 in S.C.No.178 of 2006 on the file of the Court of the Sessions Judge, Anantapur.

(2.) The brief facts of the case are as follows. On 02-06-1983 Gangula Naryana Reddy, the father of the petitioner herein was killed. In that case, the deceased in this case, namely Paritala Ravindra was the main accused. However, that case was withdrawn by the then Government of Andhra Pradesh. The mother, sister and younger brother of the petitioner herein were killed on 24-10-1993 in a TV bomb blast, allegedly mater minded by the deceased in this case (Paritala Ravindra). However, he was acquitted in that case. It is alleged that in view of the above crimes alleged to have committed by Paritala Ravindra, the petitioner bore grudge against him. It is alleged that the petitioner herein hatched a criminal conspiracy to eliminate Paritala Ravindra, and in furtherance of said criminal conspiracy, he along with the conspirators blasted the Car loaded with explosives in which several persons were killed, but however, Sri Paritala Ravindra had a providential escape on that day. In that case, the petitioner herein was found guilty and was convicted along with other accused therein to undergo 14 years of Rigorous Imprisonment and to pay a fine of Rs. 5,000/-. The petitioner was undergoing sentence in Central Jail, Hyderabad. The allegation against the petitioner is that while he was undergoing sentence in Cherlapalli Jail, Hyderabad, he hatched a criminal conspiracy with the other accused persons to kill Paritala Ravindra. Sri Paritala Ravindra was murdered on 24-1-2005 at about 2.45 p.m. at TDP Office at Ananthapur by A-2 to A-7. It is also alleged that most of the SIM Cards reveal that the petitioner used to contact the other accused from time to time. The petitioner has been charged with the offence under Section 302 read with Section 120-B IPC. The charge against the petitioner is that of criminal conspiracy to kill the deceased Paritala Ravindra.

(3.) Sri Bal Reddy, learned Senior Counsel for the petitioner, submitted that the deceased Paritala Ravindra was a pseudo naxalite and a notorious murderer, having committed about 100 murders and that he was shot dead by unknown persons and that the petitioner has been falsely implicated in this case. It is also submitted that in the first information report allegations are made against the then Chief Minister Sri Y.S. Rajaskhara Reddy and the present Parliament Member Sri Jagan Mohan Reddy as conspirators, but however after investigation the police found such allegations as false. It is also submitted that the CBI reinvestigated this case and filed charge sheet, which has been numbered as S.C. No. 178 of 2006. It is also submitted that the petitioner has been in prison since 5-12-1997. It is also submitted that as per G.O.Ms.No.415, dated 1-10-2009 the petitioner executed that bonds, but however, his incarceration continued in view of pendency of the present case. It is also submitted that the petitioner has been suffering from ill-health and that he has been admitted in NIMS and several tests have been conducted. It is also submitted that since the trial has been completed the question of threatening the witnesses does not arise. It is also submitted that though the trial has been completed, but it may take some more time since 313 Cr.P.C. examination of the accused is not yet completed and that some of the accused have filed a revision petition before this Court seeking to summon the Tahsildar as a Court witness and that the said revision is still pending. It is also submitted that the accused are also intending to adduce defence evidence and there is no possibility of concluding the trial in near future. It is also submitted that A-13 who was suffering from ill-health and whose case is similar to the case of the petitioner has been enlarged on bail on medical grounds.