Karnataka High Court
Sri. Syed Zamin Raza vs Cbi on 4 July, 2017
Author: Rathnakala
Bench: Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY 2017
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.4545/2017
BETWEEN:
SRI SYED ZAMIN RAZA
S/O SYED SAKAVATH HUSSAIN
AGED ABOUT 50 YEARS
R/AT ALIPUR VILLAGE
THONDHEBHAVI HOBLI
GOWRIBIDANUR TALUK
CHIKKABALLAPUR DISTRICT - 562 101. ...PETITIONER
(BY SRI S.KALYAN BASAVARAJ, ADV.)
AND:
CBI
GANGANAGAR
BANGALORE - 560 032.
(REP. BY STATE PUBLIC PROSECUTOR) ...RESPONDENT
(BY SRI P.PRASANNA KUMAR, SPL.PP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN R.C.NO.23(A)/2016 OF
RESPONDENT CBI POLICE, BENGALURU DISTRICT, WHICH IS
REGISTERED FOR THE OFFENCES P/U/S 120(B), 420, 406, 409,
468, 471, 477A OF IPC AND SEC.13(2) R/W 13(1) (c) & (d) OF
PREVENTION OF CORRUPTION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel appearing for the petitioner/accused and the learned Special Public Prosecutor appearing for the respondent-CBI.
2. The petitioner apprehends his arrest by the respondent-police in RC No.23(A)/2016 registered by them for the offences under sections 13(1)(c)(d) & 13(2) of the Prevention of Corruption Act, 1988 and under sections 406, 409, 420, 468, 471, 477-A and 120-B of IPC. In fact he is not arrayed as accused in the FIR, but suspected as a person who facilitated A-5 to procure new currency notes of Rs.2,000/- denomination in violation of the Circular issued by the RBI to the Banks. It is also a fact borne from the records that in response to the notice issued from the respondent, initially he attended before the Investigating Officer, however, subsequently refrained.
3. In response, learned Special Public Prosecutor for the CBI submits that the petitioner is required for -3- custodial interrogation to unearth the deep rooted conspiracy among different accused persons.
4. However, it is noticed, as of now it is not the case of the investigating agency that any incriminating material is to be recovered from his possession. Similarly placed one Prashanth Govindraju is granted anticipatory bail by the order of this court in Crl.P.No.365/2017 dated 23.1.2017.
5. In the given circumstance, there is no impediment to allow the petition by securing his presence before the Investigating Officer whenever required.
Accordingly, the petition is allowed. Petitioner is granted anticipatory bail in Cr.No.RC 23(A)/2016 registered by the respondent-police subject to the following conditions:
(i) He shall appear before the I.O. without fail whenever called for interrogation.
(ii) In the event of his arrest by the respondent-police, he shall be released on bail on executing a self bond for a sum of -4- Rs.1,00,000/- with one surety for the likesum. However, liberty is reserved to the respondent to seek for custody of the petitioner before this court within six months, if necessity arises.
(iii) He shall co-operate with the I.O. during further course of investigation.
Sd/-
JUDGE Dvr: