Karnataka High Court
Mr Nekunti Nagaraj vs State Of Karnataka By on 5 September, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:36340
CRL.P No. 6372 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6372 OF 2024
BETWEEN:
MR NEKUNTI NAGARAJ,
S/O NEKUNTI KRISHNAMURTHY,
AGED ABOUT 46 YEARS,
R/AT NO.1303, B BLOCK,
MITHUNA WHITE ASPER,
SRIRAMPURAM, ROYAL ENCLAVE,
RACHENAHALLI, THANISANDRA,
BANGALORE - 560 064.
(NOW IN JUDICIAL CUSTODY CENTRAL PRISON
BANGALORE)
...PETITIONER
(BY SRI. KARIAPPA N A.,ADVOCATE)
AND:
Digitally signed
by KAVYA R
Location: High STATE OF KARNATAKA BY
Court of HIGHGROUNDS POLICE STATION AND NOW
Karnataka
INVESTIGATED BY CID POLICE
BANGALORE - 560 006.
(REPRESENTED BY LEARNED STATE
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.)
...RESPONDENT
(BY SMT.WAHEEDA.M.M., HCGP)
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NC: 2024:KHC:36340
CRL.P No. 6372 of 2024
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE HIM ON BAIL IN CR.NO.118/2024 REGISTERED BY
HIGH GROUNDS POLICE STATION, BENGALURU WHICH IS
UNDER INVESTIGATION OF CID POLICE, BENGALURU FOR THE
OFFENCE P/U/S 120B, 409, 420, 465, 468, 471 R/W 149 OF
IPC, WHICH IS PENDING ON THE FILE OF III ADDL.C.M.M.,
BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.12 in Crime No.118/2024 registered by High Grounds Police Station, Bangalore city for the offences punishable under Sections 120-B, 409, 420, 467, 468, 471 of IPC is before this Court 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, Bangalore city initially for the offences punishable under Sections 149, 409, 420, 467, -3- NC: 2024:KHC:36340 CRL.P No. 6372 of 2024 468, 471 of IPC against Manimekhalai A and others on the basis of the first information dated 28.05.2024 received from A Rajashekar, who is the General Manager of Karnataka Maharshi Valmiki Scheduled Tribes Development Corporation Limited, Bengaluru (hereinafter refer to as 'Nigama'). Petitioner was not named as accused in the FIR.
4. During the course of investigation of the case, petitioner was arrested on 04.06.2024 and he was produced before the Jurisdictional Court on 05.06.2024 and remanded to judicial custody. In the remand application he was arrayed as accused No.10. Investigation in the case is completed and charge sheet has now been filed as against 12 accused persons and the petitioner is arrayed as accused No.12 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.5671/2024 was rejected on 28.06.2024. Therefore, he is before this Court. -4-
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5. Learned Senior Counsel appearing for the petitioner submits that petitioner is a person without any criminal antecedents. Though, he was not named in the FIR, during the course of investigation, he was arrested and remanded to judicial custody. Investigation in the case is completed and the charge sheet has been now filed as against the petitioner only for the offences punishable under Sections 120(B), 406 and 420 of IPC. Petitioner was granted interim bail by this Court on 02.08.2024 to enable him to attend his daughter's marriage. Petitioner has strictly complied with the conditions imposed by this Court while granting interim bail and he has now surrendered before the Jurisdictional Court and he is in custody. He submits that maximum punishment for the alleged offences against the petitioner is imprisonment for a period of 7 years. Accordingly, he prays to allow this petition.
6. Per contra, learned HCGP has opposed this petition. She submits that there are allegations of huge -5- NC: 2024:KHC:36340 CRL.P No. 6372 of 2024 fraud in the present case as against the accused persons and the total amount involved in the fraud is Rs.89,62,99,500/-. Petitioner had conspired with the other accused persons for transfer of the deposit amount of the Nigama, which was in Union Bank of India, Vasanthnagar Branch, and subsequently, the said amount has been transferred to the account of private parties and misappropriated. Accordingly, she prays to dismiss this petition.
7. The General Manager of the Nigama had submitted a typed first information dated 28.05.2024 before the Station House Officer of High Grounds Police Station, Bengaluru, alleging that bank officials of Union Bank of India, M.G.Road branch, were indulged in unauthorized transfer and disbursement of funds belonging to the Nigama, which had caused financial loss to the Nigama and appropriate action as against the culprits was sought. Based on the aforesaid first information, initially FIR was registered in Crime -6- NC: 2024:KHC:36340 CRL.P No. 6372 of 2024 No.118/2024 against the officials of Union Bank of India. During the course of investigation of the case, petitioner herein was arrested and remanded to judicial custody on 05.06.2024. Investigation in the case is now complete and charge sheet has been filed as against 12 accused persons and petitioner is arrayed as accused No.12 in the charge sheet.
8. Perusal of the charge sheet would go to show that petitioner has been charge sheeted only for the offences punishable under Section 120(B), 406 and 420 of IPC. Allegations against the petitioner is that he had conspired with accused No.11 and accused No.1, and with the help of accused No.5 who was the Managing Director of the Nigama had managed to transfer the fixed deposit amount which stood in the name of Nigama to the account of the private financial company known as First Credit Co- operative Financing Bank, Vijayawada of which accused No.3-Sathya Narayana Itakari was the Managing Director. It is alleged that subsequently the funds which were -7- NC: 2024:KHC:36340 CRL.P No. 6372 of 2024 transferred to the account of aforesaid private finance company was transferred to the accounts of private accused persons and the same was misappropriated. Undisputedly, no amount had been transferred to the account of the petitioner herein and there is no recovery whatsoever from the petitioner in the present case. Petitioner is aged about 45 years and he has no criminal antecedents. The maximum punishment for the alleged offences against the petitioner is imprisonment for a period of 7 years. This Court vide order dated 02.08.2024 had granted interim bail to the petitioner to enable him to attend the marriage of his daughter which was scheduled to be held on 15.08.2024. It is not in dispute that the petitioner has not violated any of the bail conditions imposed by this Court while granting interim bail to him and undisputedly, he has surrendered in compliance of the conditions imposed by this Court while granting interim bail and he is now in custody.
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NC: 2024:KHC:36340 CRL.P No. 6372 of 2024
9. Having heard the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in S.C.No.1830/2023 pending before the Court of LXV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.260/2023 registered by Chandra Layout Police Station, Bengaluru City, for the offences punishable under Sections 302, 364 & 120(B) read with Section 34 of IPC, subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial -9- NC: 2024:KHC:36340 CRL.P No. 6372 of 2024 Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case registered against him is disposed off.
Sd/-
(S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 21