K.Bhaskar Rao v. Central Bureau Of Investigation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA in Crl.A.No.77 of 2024 K.Bhaskar Rao ... Petitioner/Appellant Vs.

The State represented by, The Central Bureau of Investigation, Investigating Officer, Inspector of Police, CBI/ACB/Chennai.

(Crime No.R.C.No.41/1/2009) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., pleased to suspend the sentence imposed on the petitioner in C.C.No.28 of 2010 passed by the learned XI Additional Special Judge for CBI Cases (CBI Cases relating to Banks and Financial Institutions), Chennai by a judgment dated 28.12.2023 and enlarge the petitioner on bail pending disposal of the Criminal Appeal.

For Petitioner : Mr.V.S.Venkatesh For Respondent : Mr.K.Srinivasan 1/22

Special Public Prosecutor for CBI

O R D E R

This Criminal Miscellaneous Petition has been filed by the petitioner/appellant (A1), seeking suspension of sentence, imposed by the learned XI Additional Special Judge for CBI Cases (CBI Cases relating to Banks and Financial Institutions), Chennai, vide judgment in Spl.C.C.No.28 of 2010 dated 28.12.2023.

2. The conviction and sentence imposed against the petitioner/appellant is as follows:- Under Section Sentence 409 IPC (33 counts) five years simple imprisonment each and a fine of Rs.10,000/- each, in default, to undergo six months simple imprisonment each .

477 A IPC (33 counts) five years simple imprisonment each and a fine of Rs.5000/- each, in default, to undergo six months simple imprisonment each.

13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 (33 counts) five years simple imprisonment each and a fine of Rs.5000/- each, in default, to undergo six months simple imprisonment each.

13(2) r/w 13(1)(c) of Prevention of Corruption Act, 1988 (33 counts) five years simple imprisonment each and a fine of Rs.5000/- each, in default, to undergo six months simple imprisonment each.

465 IPC (33 counts) one year simple imprisonment each and a 2/22

Under Section Sentence fine of Rs.500/- each, in default, to undergo six months simple imprisonment each.

467 of IPC (33 counts) five years simple imprisonment each and a fine of Rs.5,000/- each, in default, to undergo six months simple imprisonment each.

468 IPC (33 counts) five years simple imprisonment each and a fine of Rs.1,000/- each, in default, to undergo six months simple imprisonment each.

471 r/w 468 IPC (33 counts) five years simple imprisonment each and a fine of Rs.500/- each, in default, to undergo six months simple imprisonment each.

66 of Information and Technology Act, 2000 (two counts) two years simple imprisonment each and a fine of Rs.10,000/- each, in default, to undergo six months simple imprisonment each.

The sentences shall run concurrently 3.

Mr.V.S.Venkatesh, the learned counsel for the petitioner/appellant submitted that the petitioner/appellant, aged about 63 years, was working as a Manager in Union Bank of India, Sowcarpet Branch, Chennai and the trial Court finding the petitioner/appellant guilty, had convicted and sentenced to imprisonment for the offences charged. He further submitted that right from the day of conviction i.e. on 28.12.2023, he is in custody for more than 60 days. He also submitted that the petitioner/appellant, pending trial, has filed a petition in Crl.M.P.No.6368 of 3/22

2023 under Sections 451 & 457 of Cr.P.C and in the petition, both A1 and A2 had offered and also given an undertaking that they have no objection in the prosecution dealing with the properties belonging to them which were seized and attached during the course of investigation. The details of the properties belonging to A1 and A2 were mentioned in detail in the Annexure-IA and Annexure-II filed along with the petition in Crl.M.P.No.6368 of 2023. He further submitted that the trial Court, at the time of conviction, has not passed any orders in the petition and it is still pending.

4. Learned counsel for the petitioner/appellant further submitted that the market value of the properties mentioned in Annexure IA and Annexure II will work out to more than 90 lakhs. The total claim of the de facto complainant Bank is about Rs.4,31,92,000/- and as on today, as per the evidence in court, an amount of Rs.3,12,32,000/- has been recovered by the Bank leaving an outstanding amount of Rs.98,49,000/-. He also submitted that the properties in Annexure-IA and Annexure-II will satisfy the major amount and apart from that, the fine amount of Rs.10,76,000/- has also been paid vide receipt No.B177264-B dated 28.02.2024 before the trial Court 4/22

today.

5. He further submitted that though there are arguable points available in the Criminal Appeal, the petitioner/appellant and his wife, without prejudice to the appeal, are ready to give up the properties mentioned in Annexure-IA and Annexure-II, so that they may be brought to sale by the Court in accordance with law and the proceeds of the said sale may be deposited in any interest bearing deposit schemes in any of the nationalised bank. He further submitted that the petitioner is also ready to appear before the trial Court and give his no objection for the properties being brought for sale. He also submitted that the petitioner/appellant is suffering from the age related ailments and thereby, he seek that the sentence imposed against the petitioner/appellant may be suspended and the petitioner/appellant may be enlarged with bail.

6. The respondent has filed an eloborate counter.

7. Learned Special Public Prosecutor for CBI appearing for the respondent submitted that the petitioner/appellant, who was working as a 5/22

Manager in Union Bank of India, Sowcarpet Branch, Chennai, in collusion with his wife (A2) and by manipulating the entries in the Core Banking Systems (CBS) of the bank by using his own User Id and User Id's of other officers of the Bank, had committed the fraud and cheated to the tune of Rs.4,31,92,000/-. He further submitted that during the investigation, an amount of Rs.3,12,32,000/- has been recovered by the Bank from the accused. He also submitted the petitioner has filed a petition in Crl.M.P.No.6368 of 2023 under Sections 451 & 457 of Cr.P.C before the trial Court seeking to direct the trial Court to deal with the properties mentioned in Annexure-IA and Annexure-II of Crl.M.P.No.6368 of 2023, however, no orders have been passed and it has now been posted on 01.03.2024. He further submitted that the prosecution has proved the case beyond reasonable doubts and the trial Court on finding the petitioner/appellant guilty, convicted him as stated above. Therefore, he opposed for grant of suspension of sentence and bail.

8. Heard the learned counsel for the petitioner/appellant and Special Public Prosecutor for CBI appearing for the respondent and perused the materials on record.

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9. It is seen that the appeal is of the year 2024, thereby, this Court is of the opinion that the likelihood of the appeal being taken up for final hearing in the near future may not be possible. Further, taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner/appellant that even today, the counsel for the petitioner insisted that the petitioner has no objection in the properties mentioned in Annexure-IA and Annexure-II being brought to sale by the trail Court in accordance with law, and also taking note of the fact that the petitioner/appellant has paid the fine amount of Rs.

10,76,000/- before the trial Court today and also considering the undertaking given by the petitioner/appellant, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Appeal, suspension of sentence and bail are granted, on the following conditions :- i. The petitioner/appellant shall execute bond for a sum of Rs.

and Financial Institutions), Chennai.;

ii. The petitioner/appellant shall appear before the trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders. iii. The petitioner shall ensure the presence of his counsel for the speedy disposal of the Crl.M.P.No.6368 of 2023

10. Accordingly, the Criminal Miscellaneous Petition stands ordered. The Affidavit filed by the petitioner/appellant shall form part of the record.

28.02.2024 ham Note : The Petition in Crl.M.P.No.6368 of 2023 along with Annexure-IA and Annexure II are enclosed with this order for easy reference of the trial Court. 8/22

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To

1. The XI Additional Special Judge for CBI Cases (CBI Cases relating to Banks and Financial Institutions), Chennai.

2. The Central Bureau of Investigation, Investigating Officer, Inspector of Police, CBI/ACB/Chennai.

3. The Special Public Prosecutor for CBI, High Court of Madras.

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A.D.JAGADISH CHANDIRA, J.

ham in Crl.A.No.77 of 2024 28.02.2024 1/2 22/22