Karnataka High Court
Sri Jagadish G K vs State By High Grounds Ps on 19 December, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:52794
CRL.P No. 11267/2024
C/W CRL.P Nos. 11395/2024,
11420/2024, 11786/2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRL.P.No. 11267/2024
C/W
CRL.P.Nos. 11395/2024, 11420/2024, 11786/2024
IN CRL. P No.11267/2024:
BETWEEN:
CHANDRA MOHAN M
S/O GOPAL N
AGED ABOUT 36 YEARS
R/AT SHOBHA DREAM GARDEN
APARTMENT, FLAT NO.6056
WING - 6B, 5TH FLOOR
KANNUR ROAD, BELLAHALLI
BENGALURU - 562 149.
...PETITIONER
(BY SRI SUDHANVA D.S, ADV.)
AND:
Digitally
signed by
NANDINI MS THE STATE OF KARNATAKA
Location: High THE CID/HIGH GROUNDS POLICE
Court of
Karnataka BY SPECIAL INVESTIGATION TEAM
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SRI B.N. JAGADEESH, SPL. P.P)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.118/2024 REGISTERED BY HIGH GROUNDS POLICE FOR
THE OFFENCE P/U/S 120B, 406, 409, 420, 465, 468, 471 R/W
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NC: 2024:KHC:52794
CRL.P No. 11267/2024
C/W CRL.P Nos. 11395/2024,
11420/2024, 11786/2024
149 OF IPC AND SEC.13(1)(a)R/W 13(2) OF P.C ACT PENDING
BEFORE THE XXIII ADDL.CITY CIVIL AND SESSIONS JUDGE
AND SPL.JUDGE (P.C ACT) AT BENGALURU.
IN CRL. P No.11395/2024:
BETWEEN:
MR. J.G. PADMANABHA
S/O LATE GOPAL KRISHNA J
AGED ABOUT 55 YEARS
R/AT NO.3, 8TH CROSS
GANESHNAGAR LAYOUT
KODIGEHALLI, HEBBAL
BENGALURU - 560 097.
...PETITIONER
(BY SRI HANUMANTHARAYA C.H, ADV., A/W
MS. ABHINAYA, ADV.,)
AND:
STATE OF KARNATAKA
HIGH GROUNDS POLICE STATION
(NOW INVESTIGATED BY SIT
CID, BENGALURU) REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU - 560 001.
...RESPONDENT
(BY SRI JAGADEESHA B.N, ADV.)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNNS) PRAYING TO ENLARGE HIM ON BAIL IN
CR.NO.118/2024 (C.C.NO. /24) REGISTERED WITH THE HIGH
GROUNDS POLICE STATION, BENGALURU ON 28.05.2024 FOR
THE OFFENCE P/U/S 409, 420, 465, 468, 471 AND 120B OF
IPC, PENDING BEFORE THE 2
RD ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGLAURU
CITY (NAME OF COURT AS FOUND IN ANNEXURE-H) AT
BENGALURU.
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NC: 2024:KHC:52794
CRL.P No. 11267/2024
C/W CRL.P Nos. 11395/2024,
11420/2024, 11786/2024
IN CRL. P No.11420/2024:
BETWEEN:
SRINIVASA RAO KAKI
S/O SUBRAMANYAM KAKI
AGED 32 YEARS
RESIDENT OF B-1604
VAISHNAVI NAKASHTRA APARTMENTS
NEAR YESHWANTHPUR RAILWAY
STATION, YESHWANTPURA, BANGALORE.
...PETITIONER
(BY SRI NARASIMHA CHARULU, ADV., FOR
SRI BUBBERJUNG TRISULI VENKATESH, ADV.)
AND:
STATE OF KARNATAKA
BY S H O, HIGH GROUND POLICE
STATION, NOW INVESTIGATING BY
SPECIAL INVESTIGATION TEAM (S.I.T)
CRIME INVESTIGATION DEPARTMENT (C.I.D)
(FINANCIAL INVESTIGATION UNIT (F.I.U)
SQUAD BANGALORE, REPRESENTED BY
STATE PUBLIC PROSECUTOR &
HIGH COURT, BENGALURU - 01.
...RESPONDENT
(BY SRI JAGADEESHA B.N, ADV.)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.118/2024, FOR OFFENCE P/U/S 120B, 406, 420, 465,
468 AND 471 OF IPC, PENDING ON THE FILE OF XXIII
ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (P.C.
ACT) BENGALURU.
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NC: 2024:KHC:52794
CRL.P No. 11267/2024
C/W CRL.P Nos. 11395/2024,
11420/2024, 11786/2024
IN CRL. P No.11786/2024:
BETWEEN:
SRI JAGADISH G.K
S/O KRISHNAPPA
AGED ABOUT 58 YEARS
R/AT NWC 201/A
GANESHA COLONY
BHADRAVATHI - 577 301.
...PETITIONER
(BY SRI VISWANATHA SETTY V, ADV.)
AND:
STATE BY HIGH GROUNDS P.S
CID, REP. BY SR. STATE PUBLIC
PROSECUTOR, AMBEDKAR VEEDI
VIDHANA SOUDA, BENGALURU - 560 001.
...RESPONDENT
(BY SRI JAGADEESHA B.N, ADV,)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO GRANT BAIL TO THE PETITIONER HEREIN AND BE
PLEASED TO DIRECT THE RESPONDENT POLICE TO RELEASE /
ENLARGE THE PETITIONER ON BAIL IN CR.NO.118/2024
(C.C.NO.25626/2024) REGISTERED BY THE HIGH GROUNDS
P.S./CID FOR THE ALLEGED OFFENCE P/U/S
149,409,420,467,468,471 OF IPC AGAINST THE PETITIONER.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Accused Nos.2, 5, 7 and 8 in Crime No.118/2024 registered by High Grounds Police Station, Benglauru City, for the offences punished under Sections 120B, 406, 409, 420, 465, 468, 471 read with Section 149 of IPC and Section -5- NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 13(1)(a) read with Section 13(2) of the Prevention of Corruption Act, 1988, pending before the Court of XXIII Additional City Civil and Sessions Judge and Special Judge (Prevention of Corruption Act), Bengaluru, are before this Court in these four petitions filed under Section 439 of Cr.P.C. seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.118/2024 was registered by High Grounds Police Station, Bengaluru City, initially for the offences punishable under Sections 149, 409, 420, 467, 468 and 471 of IPC against Manimekhalai A and others on the basis of the first information dated 28.05.2024 received from A. Rajashekar, General Manager of Karnataka Maharshi Valmiki Schedule Tribes Development Corporation (hereinafter referred to as 'the Corporation' for short). During the course of investigation of the case, accused No.2 was arrested on 15.07.2024, accused No.5 was arrested on 31.05.2024, accused No.7 was arrested on 12.06.2024 and accused No.8 was arrested on 13.06.2024. Investigation in the case is completed and charge sheet has now been filed against 12 persons for the aforesaid offences. -6-
NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 Petitioners herein are arraigned as accused Nos.2, 5, 7 and 8 in the charge sheet. Bail application filed by the accused Nos.2, 7 and 8 before the jurisdictional Sessions Court in Crime No.118/2024 was rejected on 04.10.2024 and bail application filed by accused No.5 in Crl.Misc.No.8837/2024 was dismissed on 09.10.2024. Therefore, they are before this Court.
4. Learned counsel appearing on behalf of accused No.2 submits that accused No.1 is the friend of accused No.2, who is a businessman and stock broker. Accused No.1 had come to the house of accused No.2 as a guest and he has used the computer of accused No.2 without the knowledge of accused No.2 and has created fraudulent documents based on which bank accounts were opened in a financial institution known as First Finance Credit Co-operative Society Limited at Hyderabad. He submits that accused No.2 has purchased a car by borrowing money from accused No.1 much prior to the alleged fraud. Accused No.2 has voluntarily surrendered before the police on 15.07.2024. He has cooperated with the police for the purpose of investigation and the investigation is now completed and therefore, custody of accused No.2 is no more required. -7-
NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024
5. Learned counsel appearing on behalf of accused No.5 submits that accused No.5 was the Managing Director of the Corporation and the fixed deposits of the Corporation were transferred to Union Bank of India, M. G. Road Branch, Benglauru, without his consent and knowledge and after coming to know about that, it was accused No.5, who had initially made a complaint to the Department as well as to the Bank and sought redeposit of the fixed deposit. He submits that only after accused No.5 made a complaint, the officials of Union Bank of India also had made a complaint belatedly on 06.06.2024. The allegation against accused No.5 and accused No.6 are similar. Accused No.6, who was the Accounts Head of the Corporation has been already enlarged on bail. Accused No.5 has not admitted his guilt at any point of time during the course of interrogation. However, in his remand application, it is wrongly mentioned that he has admitted to the crime. He has referred to the statement of CWs 44, 54, 62 and 63 and submits that from the aforesaid statement, it is very clear that fixed deposits of the Corporation were transferred to Union Bank of India, M. G. Road Branch, Bengaluru, without the knowledge of accused No.5 and the transfer of fixed deposits -8- NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 was done as per the instructions of the concerned Minister. He also submits that accused No.5 had appeared before the Investigation Officer for the purpose of enquiry and without recording any reasons, he was thereafter arrested and even grounds of arrest was not served on him.
6. Learned counsel appearing on behalf of respondent Nos.7 and 8 submit that the said accused are businessman and accused Nos.3, 9 and 11 against whom similar allegations are found in the charge sheet have already been enlarged on bail by the jurisdictional Sessions Court. Accused Nos.7 and 8 do not have any criminal antecedents. Accordingly, they pray to allow the petition.
7. Per contra, learned Additional State Public Prosecutor has seriously opposed the petition. He submits that accused Nos.2 and 5 are persons with criminal antecedents. Accused Nos.1 and 2 is involved in Crime No.105/2022 registered by Raipur Police Station, Chattisgarh for similar offences and in the said case, charge sheet is filed and the case is now pending in CC No.12300/2022 before the jurisdictional Court. The modus operandi of the accused in the said case is similar to the -9- NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 present case. Accused No.2 also has destroyed evidence and has not cooperated with the police for the purpose of investigation. Accused Nos.1 and 2 have manipulated the documents of 18 companies which were submitted by the said companies to the Labour Department and had opened fictitious bank accounts at First Finance Credit Co-operative Society Limited at Hyderabad and the money was transferred to the said accounts and withdrawn clandestinely. Six victims out of the aforesaid 18, have filed separate six criminal cases against accused Nos.1 and 2. They have not been granted bail in the said cases. Accused No.5 is involved in similar case while he was serving as District Manager in Ambedkar Development Corporation, Bengaluru Urban District and FIR was registered in Crime No.191/2019 by Magadi Road Police Station, Bengaluru for similar offences. He has been charge sheeted in the said case and the case is now pending trial. Huge amount has been recovered from the custody of accused No.5 and also from the friend's house of the children of accused No.5. Accused Nos.7 and 8 have arranged for opening bank accounts in Union Bank of India, M. G. Road Branch, Bengaluru, and facilitated transfer of the fixed deposit amount and they have received huge
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NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 commission for the same. He submits that in the event, petitioners are enlarged on bail, they are likely to tamper with the prosecution witnesses and also involve in similar offences. In support of his arguments, he has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Manik Madhukar Sarve and Others vs. Vitthal Damuji Meher and Others - 2024 SCC OnLine SC 2271. Accordingly, he prays to dismiss the petitions.
8. The allegation against accused No.2 in the charge sheet is that he being a close friend of accused No.1 had conspired to transfer the fixed deposits of the Corporation to some other Bank with an intention to receive kickbacks and in this regard, they had met his friends accused Nos.11 and 12 and thereafter, they all had visited the office of the Corporation and after meeting accused Nos.5 and 6 had discussed with them about the transfer of fixed deposits of the Corporation to some other Bank. Accused Nos.1 and 2 by using computer of accused No.2 had opened 18 fictitious accounts in First Finance Co-operative Society Limited by using documents which were submitted by the owners of the Companies before the Labour Department
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NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 and had received huge amount in their fictitious accounts from Union Bank of India, M. G. Road Branch, Bengaluru after the fixed deposits of the Corporation was transferred to the said Bank. Accused Nos.1 and 2 are persons with criminal antecedents. Learned Addl. State Public Prosecutor has placed material before this Court which prima facie shows that accused Nos.1 and 2 are involved in Crime No.105/2022 registered by Raipur Police Station, Chhattisgarh for the offences punishable under Sections 419, 420, 409, 467, 468, 471, 120B read with Section 34 of IPC and in the said case, charge sheet has already been filed against them. Modus operandi of accused Nos.1 and 2 in the said case and in the present case are similar in nature.
9. Accused No.5 was the Managing Director of the Corporation at the relevant point of time. The material on record would go to show that he has collected huge money as Commission after fixed deposits of the Corporation were transferred to Union Bank of India, M. G. Road Branch, Bengaluru. Money was not only recovered from his car but also from the house of his son's friends. Even as against accused
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NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 No.5, a criminal case was registered in Crime No.191/2019 by Magadi Road Police Station, Bengaluru, for the offences punishable under Sections 409, 408, 419, 420 and 120B of IPC, and after investigation, charge sheet has been filed against accused No.5 in the said case. Though it is brought to the notice of this Court that the said proceedings has been stayed by this Court in a petition filed under Section 482 of Cr.P.C. by accused No.5, the fact remains that accused No.5 has been charge sheeted for similar offences and challenge to the said charge sheet is still pending consideration. Therefore, it cannot be said that accused No.5 has no criminal antecedents.
10. Contention has been urged on behalf of these accused persons that they were arrested after they had appeared before the Investigation Officer in compliance of the Notice issued to them under Section 41A of Cr.P.C. and therefore, compliance of sub-section (3) of Section 41A of Cr.P.C. is required prior to their arrest. According to them, reasons to arrest has not been recorded in the present case by the Investigation Officer as required under Section 41A(3) of Cr.P.C. They have also raised a contention that grounds of arrest as required under Section
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NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 50(1) of Cr.P.C. and Article 22(1) of the Constitution of India, has not been served in the present case immediately after their arrest and therefore, they are entitled for bail.
11. Section 41A of Cr.P.C. reads as follows:-
"41A. Notice of appearance before police officer.-
(1) The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
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NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 (4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice."
12. In the present case, arrest has not been made by the Investigation Officer as provided under sub-section (1) of Section 41 and on the other hand, notice has been issued in compliance of Section 41A (1) of Cr.P.C. Accused Nos.2 and 5 in compliance of the terms of the Notice, had appeared before the Investigation Officer and their statement was also recorded by the Investigation Officer and after Investigation Officer was satisfied that the aforesaid accused are required to be arrested, the reasons for the same has been recorded by him in the diary and thereafter, accused Nos.2 and 5 are arrested. Reasons that are recorded for the arrest of accused in compliance of Section 41A(3) of Cr.P.C. are not required to be communicated to the accused and the provision of law only states that said reasons are required to be recorded which the Investigation Officer has complied with in the present case. Even in the remand
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NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 application of the arrested accused, there is a mention of the reasons for arresting the accused. There is also a mention that these accused have not co-operated with the police for investigation.
13. Section 50(1) of Cr.P.C. reads as follows:-
"50. Person arrested to be informed of grounds of arrest and of right to bail.
(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest."
14. From a reading of the aforesaid provision of law, it is very clear that only if the arrest of a person is made without warrant, police officer/person arresting the accused needs to communicate the accused the grounds of arrest. Section 41 of Cr.P.C. provides for arrest without warrant. In the present case, as stated earlier, arrest is not made by the police officer exercising powers under Section 41 of Cr.P.C., but on the other hand, arrest has been made as provided under Section 41A(3) of Cr.P.C. and therefore, in my considered opinion, the requirement of serving the grounds of arrest in writing to the
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NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 accused immediately after arrest as held by the Hon'ble Supreme Court in the case of Pankaj Bansal vs. Union of India and Others - (2024) 7 SCC 576 and in the case of Prabir Purkayastha vs. State (NCT of Delhi) - (2024) 8 SCC 254 does not arise in the present case.
15. The allegation against accused Nos.7 and 8, who are businessman by avocation is that they have received commission from the Bank for facilitating transfer of the fixed deposits of the Corporation. Undisputedly, accused Nos.7 and 8 do not have any criminal antecedents. Accused Nos.3, 9 and 11, as against whom similar allegations are found in the charge sheet, have been granted regular bail by the jurisdictional Sessions Court. Though learned counsel for accused No.5 has stated that on the ground of parity, accused No.5 is entitled for bail since accused No.6 as against whom similar allegations are found in the charge sheet, has been enlarged on bail by the jurisdictional Sessions Court, the said contention is liable to be rejected since accused No.6 does not have any criminal antecedents whereas accused No.5 has antecedents of similar nature and similar case was registered against him when he
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NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 was serving as District Manger in Ambedkar Development Corporation, Bengaluru Urban District.
16. The Hon'ble Supreme Court in the case of Manik Madhukar Sarve (surpa) in paragraph Nos.25, 26 and 27 has observed as follows:-
"25. In cases where the allegations coupled with the materials brought on record by the investigation and in the nature of economic offence affecting a large number of people reveal the active role of the accused seeking anticipatory or regular bail, it would be fit for the Court granting such bail to impose appropriately strict and additional conditions. In the present case, even that has not been done as the High Court has imposed usual conditions simpliciter:
"8. The applicant be released on bail in connection with Crime 217/2019, registered with Police Station Kotwali, Nagpur, for offences punishable under sections 409, 420, 467, 478, 471, 120-B of Penal Code, 1860, Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, on executing PR bond of
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NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 Rs. 16,000/- (Rupees Sixteen Thousand) with one solvent surety of the like amount.
9. The applicant shall attend Economic Offences Wing, Nagpur as and when required by the Investigating Officer.
10. The applicant shall not, directly or indirectly, make any attempt to influence the witnesses or otherwise tamper with the evidence.
11. The applicant shall not leave the country without the permission of the trial Court."
(emphasis supplied)
26. The High Court, we have no hesitation in saying so, erred in law. Ergo, for reasons recorded above and upon circumspect consideration of the attendant facts and circumstances, we hold that the discretion exercised by the learned Single Judge of the High Court to grant bail to the respondent no. 1 was not in tune with the principles that conventionally govern exercise of such power, a plurality of which stand enunciated in the case-law supra. Moreover, though respondent no. 1 had already suffered incarceration for a period of about six months at the time when bail was granted, yet
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NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 in view of the nature of the alleged offence, his release on bail can seriously lead to dissipation of the properties where investments have allegedly been made out of Society funds. At the end of the day, the interests of the victims of the scam have also to be factored in.
27. Accordingly, the appeal succeeds. The impugned order stands set aside. Respondent No. 1 is directed to surrender within a period of three weeks from today, failing which the trial Court shall proceed in accordance with law. We clarify that the observations made hereinabove are limited to the aspect of testing the legality of the impugned order. They shall not be treated as definitive/conclusive regarding respondent no. 1 or any other accused. The trial Court in seisin shall proceed uninfluenced and in accordance with law. Given the peculiar circumstances, where bail is being cancelled after a period of almost 3 years, it is deemed appropriate to grant liberty to the respondent no. 1 to apply for bail at a later period or in the event of a change in circumstances. Needless to state, such application, if and when preferred, shall be considered on its own merits, without being prejudiced by the instant judgment. The authorities concerned are directed to render appropriate care and assistance as regards the medical condition of the respondent no.1."
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NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024
17. Learned Addl. State Public Prosecutor has brought to the notice of this Court that though charge sheet has been filed in the present case, further investigation of the case is under progress and on the basis of the complaint made by the Bank, CBI has registered a separate case and has been investigating the same. Since accused Nos.2 and 5, who have antecedents of similar nature have indulged in committing similar offences after being enlarged on bail in the earlier cases registered against them, the chances of the said accused committing similar offences cannot be ruled out. Under the circumstances, I am of the opinion that the prayer made by accused Nos.2 and 5 for grant of regular bail needs to be rejected and the prayer made by accused Nos.7 and 8 for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
ORDER
(i) Petitions insofar as accused Nos.2 and 5 in Crl.P.No.11420/2024 and Crl.P.No.11395/2024 are dismissed.
(ii) Petitions insofar as accused Nos.7 and 8 in Crl.P.No.11267/2024 and Crl.P.No.11786/2024 are allowed.
The petitioners/accused Nos.7 and 8 are directed to be
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NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024 enlarged on bail in Crime No.118/2024 registered by High Grounds Police Station, Benglauru City, for the offences punished under Sections 120B, 406, 409, 420, 465, 468, 471 read with Section 149 of IPC and Section 13(1)(a) read with Section 13(2) of the Prevention of Corruption Act, 1988, pending before the Court of XXIII Additional City Civil and Sessions Judge and Special Judge (Prevention of Corruption Act), Bengaluru, subject to the following conditions:
a) Petitioners/accused Nos.7 and 8 shall execute a personal bond for a sum of Rs.1,00,000/-
each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners/accused Nos.7 and 8 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners/accused Nos.7 and 8 shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners/accused Nos.7 and 8 shall not involve in similar offences in future;
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NC: 2024:KHC:52794 CRL.P No. 11267/2024 C/W CRL.P Nos. 11395/2024, 11420/2024, 11786/2024
e) The petitioners/accused Nos.7 and 8 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
SD/-
(S VISHWAJITH SHETTY) JUDGE DN