Hyderabad: The Telangana High Court granted the state government a lunch motion for hearing on Friday, challenging the denial of remand of the three accused in the case lodged in connection with the attempt to purchase four TRS MLAs.
After the state government appealed the ACB Court’s denial of Ramachandra Bharati alias Satish Sharma, Nanda Kumar, and Simhayaji Swamy’s detention, Justice C Sumalatha of the High Court allowed the lunch motion, setting them free. However, the court has ordered the accused not to leave Hyderabad and to report their whereabouts to the Commissioner of Police in Hyderabad. It further instructed them not to tamper with evidence in any way.
The ACB court determined that the offences under Sections 120B, 171B read with 171E, and 506 R/w 34 of the Indian Penal Code only carry sentences of up to seven years, and that failure to issue a Section 41-A notice under the Criminal Procedure Code was a violation of the Supreme Court’s decision in the Arnesh Kumar case.
The State government argued before the High Court, through Advocate General BS Prasad, that where the police reasonably feel that the accused is capable of influencing the case and delaying the investigation, the accused can be brought into prison under Section 41(b) of the Criminal Code.
On the other hand, Vedula Srinivas, Senior Counsel for the accused, requested an adjournment in order to get case papers. On Saturday, the judge will continue to hear the case.
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