Presently under judicial remand, Khan, the personal assistant of Reddy and the seventh accused in the OMC case, had earlier filed bail petition under section 167 (2) of CrPC.
The CBI investigating the OMC case opposed Khan's bail application contending that it was not maintainable as the court had already taken cognisance of the charge sheet filed by the agency on charges of criminal conspiracy, criminal breach of trust and other relevant sections of IPC.
The CBI had named mining baron Janardhan Reddy, his brother-in-law B V Srinivas Reddy (both arrested on September 5 last from Bellary and lodged in a jail here) and three others in the charge sheet filed December last year. The agency later added the name of suspended IAS officer Y Srilakshmi.
The accused were booked under section 409 of IPC (criminal breach of trust by public servant, or by banker, merchant or agent) among others.
The CBI had further accused Khan of not only facilitating the offence, but of also being a partner in the acts of the main accused (Reddys) in illegal mining.
"The petitioner cannot claim that section 409 of IPC is not applicable to him at this stage," the agency said.
"There is ample proof and documentary evidence to show the active involvement of Khan in the offences and he can not claim as to whether offence under section 409 of IPC is attracted or not," the CBI said, adding the investigation is at a crucial stage and Khan being an influential person is likely to influence witnesses and tamper with the evidence, if released.
