Karnataka High Court
Shri Vinod Nowal vs State Represented By on 22 November, 2012
Author: H N Nagamohan Das
Bench: H.N. Nagamohan Das
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 22ND DAY OF NOVEMBER, 2012
BEFORE
THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS
CRL.P No.6908 OF 2012 c/w 6933 OF 2012
CRL.P No.6908 OF 2012
BETWEEN
SHRI VINOD NOWAL
S/O LATE MADANLAL NOWAL
AGED ABOUT 57 YEARS
DIRECTOR & CHIEF EXECUTIVE OFFICER
JSW STEEL LTD., THE SUMMIT
FLAT NO. A-11, NO. 27/3
SANKEY ROAD, BANGALORE-560052
.. PETITIONER
(By Sri : ASHOK HARANAHALLI, SR. COUNSEL FOR
SRI : G KRISHNA MURTHY, ADV.)
AND
STATE REPRESENTED BY
CENTRAL BUREAU OF INVESTIGATION
ANTI CORRUPTION BUREAU
C.B.I. HEAD QUARTERS
GANGANAGAR, BELLARY ROAD
BANGALORE,
2
REPRESENTED BY
SPECIAL PUBLIC PROSECUTOR FOR CBI CASES
... RESPONDENT
(By Sri.C.H. JADHAV & ASSCTS)
CRL.P FILED U/S.438 CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE
PLEASED TO ENLARGE THE PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN CR. RC NO.8(A)2012-CBI-ACB/BLR/2012
PENDING ON THE FILE OF THE XXI ADDL. CITY CIVIL & S.J. &
SPL. JUDGE FOR C.B.I CASES, BANGALORE, WHICH IS
REGISTERED FOR THE OFFENCE P/U/S 7,13(2) R/W 13(1)(c) & (d)
OF PREVENTION OF CORRUPTION ACT, 1988 AND U/S 9 R/W
SEC.4 OF KARNATAKA LAND (RESTRICTION OF TRANSFER) ACT,
1991.
CRL.P NO 6933 OF 2012
BETWEEN
VIKAS SHARMA
S/O SHRI RAMAUTAR SHARMA
AGED ABOUT 48 YEARS,
SENIOR VICE PRESIDENT & LOCATION HEAD, HIINDUSTAN
ZINC LIMITED,
D-1, ZINC NAGAR, KAPASAN ROAD,
CHITTORGARH-321 012(RAJASTHAN)
... PETITIONER
(By Sri: ASHOK HARANAHALLI, SR. COUNSEL FOR
SRI G KRISHNA MURTHY)
AND
STATE REPRESENTED BY
CENTRAL BUREAU OF INVESTIGATION,
3
ANTI CORRUPTION BUREAU,
C.B.I. HEAD QUARTERS,
GANGANAGAR,
REPRESENTED BY SPECIAL PUBLIC
PROSECUTOR FOR CBI CASE
... RESPONDENT
(By Sri : C.H. JADHAV & ASSCTS)
CRL.P FILED U/S.438 CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE
PLEASED TO ENLARGE THE PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN CR. RC NO.8(A)2012-CBI-ACB/BLR/2012
PENDING ON THE FILE OF THE XXI ADDL. CITY CIVIL & S.J. &
SPL. JUDGE FOR C.B.I CASES, BANGALORE, WHICH IS
REGISTERED FOR THE OFFENCE P/U/S 120(B),409,420 OF IPC AND
SEC. 7,13(2) R/W 13(1)(c) & (d) OF PREVENTION OF CORRUPTION
ACT, 1988 AND U/S 9 R/W SEC.4 OF KARNATAKA LAND
(RESTRICTION OF TRANSFER) ACT, 1991.
These petitions coming on for orders, this day, the court made the
following:
ORDER
Petitioners are accused no.9 and 10 in RC.No.8(A)2012- CBI-ACB/BLR/2012 for the offences punishable under Sections 7, 13(2) r/w 13(1)(c) & (d) of Prevention of Corruption Act, 1988, Sections 120(B), 409, 420 of IPC and also Section 9 r/w Sec.4 of Karnataka Land (Restriction of Transfer) Act, 1991. Investigation 4 is completed and charge sheet is filed. In the charge sheet it is stated as under:
Further investigation regarding quid-pro-quo between B.S.Yedyurappa(Accused-1) and M/s.Jindal Group of Companies is being carried out. After conclusion of the same, a further final report will be submitted before the Hon'ble Court.
2. Petitioner in Crl.P.No.6908/2012 is the Director and Chief Executive Officer of JSW Steel Ltd and petitioner in Crl.P.No.6933/2012 is the former Vice-President of JSW Steel Ltd. Sri C.H.Jadhav, learned senior counsel for respondent submits that for the present they are not going to arrest the petitioners. The submission of learned counsel for the respondent is placed on record. In the circumstances, the following:
ORDER
i) Petitions are hereby disposed of.5
ii) In the event of respondent authority arresting the petitioners then they shall be enlarged on bail subject to the following conditions:
1) They shall execute a personal bond for Rs.1,00,000/- each to the satisfaction of the respondent authority.
2) Petitioners shall be present as and when the respondent authority calls upon for further investigation and co-operate for completion of investigation.
3) On every hearing date, the petitioners shall kept present before the Special Judge for CBI Cases, Bangalore.
4) Petitioners shall not tamper with the prosecution witnesses.6
5) Violation of any one of the above conditions will result in cancellation of the bail order.
Sd/-
JUDGE.
DKB