Allowed

C. Srinivasachari v. the State of Karnataka

Karnataka HC6 Oct 2023CRL.P/6309/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka granted anticipatory bail to the petitioner, accused No.3, in a criminal case involving claims of organized fraud for compassionate appointments at BESCOM. The court held that since similar co-accused were already granted bail, anticipatory bail could be allowed subject to standard conditions including personal bond and cooperation with police.

What did the court decide?

Petition allowed; respondent directed to release petitioner in the event of arrest, subject to a personal bond of Rs. 1,00,000 with two sureties, regular appearance in court, cooperation with police i

C. Srinivasachari Vs the State of Karnataka — Corruption | Karnataka HC (2023)

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NC: 2023:KHC:36224 CRL.P No. 6309 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 6309 OF 2023

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BETWEEN:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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C. SRINIVASACHARI, S/O K. CHANNAKESHWACHARI, AGED ABOUT 38 YEARS, OCC. JUNIOR ENGINEER, BESCOM, BENGALURU (IN THE CHARGE SHEET IT IS MENTIONED AS JUNIOR ENGINEER, TL AND MUSS, KPTCL, CHITRADURGA TOWN, CHITRADURGA), R/O K.E.B. QUARTERS, BEHIND AISHWARYA FORT, NEW RTO OFFICE, CHITRADURGA - 577 501.

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…PETITIONER (BY SRI. D.B. UMESH, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY CHITRADURGA KOTE POLICE STATION, CHITRADURGA SUB-DIVISION, CHITRADURGA - 577 501.

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REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)

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NC: 2023:KHC:36224 CRL.P No. 6309 of 2023

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THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.145/2022 REGISTERED BY KOTE POLICE STATION, CHITRADURGA FOR THE OFFENCE P/U/S 406, 408, 409, 417, 419, 420, 465, 467, 468, 471, 472, 120B R/W 149 OF IPC, PENDING ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., CHITRADURGA IN C.C.NO.267/2023.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Accused No.3 in Crime No.145/2022 registered by Chitradurga Kote Police Station, for offences punishable under Sections 406, 408, 409, 417, 419, 420, 465, 467, 468, 471, 472, 120(B) read with 149 of IPC, is before this Court under Section 438 of Cr.P.C.

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Heard the learned counsel for the parties.

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On the complaint of Sri.Nagaraju, Assistant Executive Engineer of BESCOM, Chitradurga dated 11.12.2022, F.I.R. in Crime No.145/2022 was registered

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initially against Faizan Muzahid C.K., for offences punishable under Sections 420, 465, 468 and 471 of IPC. In the complaint it is averred that accused Faizan Muzahid had filed an application seeking compassionate

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NC: 2023:KHC:36224 CRL.P No. 6309 of 2023

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appointment claiming to be the brother of Mohammed Shaik, employee of BESCOM, who had died in harness. On verification it was found that there was no such employee by name Mohammed Shaik, who had died in harness and accused Faizan Muzahid in fact, had not filed application seeking compassionate appointment but by creating fraudulent documents file was created and was being processed. During the course of investigation in the said case, it was found that there was an organized racket behind the crime and many officials of BESCOM were involved, who had collected money from the candidates and by creating false documents helped them to get compassionate appointment. In the said case

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investigation is completed and charge sheet has been now filed for the aforesaid offences totally as against 16 accused persons. Petitioner has been arraigned as accused No.3 in the charge sheet. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.678/2023 before the Court of I Additional District and Sessions Judge,

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NC: 2023:KHC:36224 CRL.P No. 6309 of 2023

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Chitradurga, which was dismissed on 15.06.2023. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case. He also submits that similarly placed other accused have been granted anticipatory bail. Accordingly, prays to allow the petition.

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Per contra, the learned HCGP has opposed the bail application and submits that having regard to the nature of allegations against the petitioner and taking into consideration that he had not co-operated with Investigation Officer, the relief of anticipatory bail cannot be granted to him. Accordingly, prays to dismiss the petition.

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F.I.R. in Crime No.145/2022 was initially

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registered by Chitradurga Kote Police Station, Chitradurga for offences punishable under Sections 420, 465, 468 and 471 of IPC against Faizan Muzahid, who allegedly had filed an application seeking compassionate appointment

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NC: 2023:KHC:36224 CRL.P No. 6309 of 2023

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claiming to be the brother of Mohammed Shaik, who allegedly was employee of BESCOM. Having found that there was no such employee by name Mohammed Shaik, who had died in harness on verification it was found that the claim of accused Faizan Muzahid was based on fraudulent and created documents. During the course of investigation in the said case, it was revealed that for the last 2-3 years similar claims made by other undeserving candidates was processed and compassionate appointment was given based on fraudulent documents produced by the

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applicants with the aid of certain employees of the Company. In the charge sheet it is alleged that petitioner herein had collected sum of Rs.19,50,000/- from accused Nos.1, 5, 7, 8, 9, 13 and 14 during the year 2020-21 with an assurance that he will provide compassionate appointment and thereafter, had created documents with the aid of said persons in collusion with accused Nos.6, 10, 11, 12, 15 and 16. Accused Nos.14 and 15 have been granted anticipatory bail by the learned Sessions Judge in Crl.Misc.No.52/2023 and Crl.Misc.No.6/2023 on

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NC: 2023:KHC:36224 CRL.P No. 6309 of 2023

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27.01.2023. Accused No.6-T.S.Naveen Kumar, as against whom similar allegations are made has been granted anticipatory bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.3723/2023. The offences alleged against the petitioner are all triable by the Court of Magistrate and maximum punishment for said offence is imprisonment for seven years. Petitioner is working as a Junior Engineer in Chitradurga and therefore, there cannot be any apprehension that he is likely to flee from justice. Considering the fact that accused Nos.6, 14 and 15 have

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been granted the relief of anticipatory bail, I am of the view that, prayer made by the petitioner for grant of anticipatory bail is required to answered in affirmative. Accordingly, the following:

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ORDER

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The petition is allowed .

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The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.145/2022 registered by

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NC: 2023:KHC:36224 CRL.P No. 6309 of 2023

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Chitradurga Kote Police Station, for offences punishable under Sections 406, 408, 409, 417, 419, 420, 465, 467, 468, 471, 472, 120(B) read with 149 of IPC subject to the following conditions:

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The petitioner shall execute a 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 investigating officer.

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The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon.

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The petitioner shall not involve in similar offences in future.

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GPG List No.: 1 Sl No.: 23 CT:SNN

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SD/JUDGE

C. Srinivasachari v. the State of Karnataka

Case brief

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C. Srinivasachari v. the State of Karnataka

Case brief

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