In the High Court of Karnataka at Bengaluru
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R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL APPEAL No.914/2010 C/W CRIMINAL APPEAL Nos.957/2010, 956/2010, 928/2010, 961/2010, 958/2010 AND 934/2010 IN CRL.A.No.914/2010: BETWEEN JAGADEEP R THADANI S/O RAMCHAND THADANI 44 YEARS, DIRECTOR OF M/S BELAIR ESTATES PVT LTD., NO.167, MLA LAYOUT, R.T.NAGAR MAIN ROAD, BANGALORE-32 R/A A-1, 10 TH FLOOR, MATRU ASHISH BUILDING, 39 NAPEAN SEA ROAD, MUMBAI – 400 036. ... APPELLANT (BY SRI. S G BHAGAVAN, ADVOCATE) AND THE STATE BY CBI/ACB BELLARY ROAD, BANGALORE ... RESPONDENT (BY SRI. P PRASANNA KUMAR, SPL PP) 2 THIS CRIMINAL APPEAL IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE DATED 30.8.10 PASSED BY THE XXI ADDL. CITY CIVIL AND SESSION JUDGE AND SPECIAL JUDGE FOR CBI CASES, BANGALORE IN SPL.C.C.NO.134/98-CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 120B READ WITH 420 OF IPC. IN CRL.A.No.957/2010: BETWEEN C SUBBRAYAN S/O CHEVATTAN No.18(31) SHAMMANNA BUIDLING, 1ST MAIN, 1 ST CROSS, MATHIKERE BANGALORE. …APPELLANT (BY SRI. S K VENKATA REDDY, ADVOCATE) AND STATE BY CBI:ACB BANGALORE. ...RESPONDENT (BY SRI. P PRASANNA KUMAR, SPL PP) THIS CRIMINAL APPEAL FILED UNDER SECTION 374(2) CR.P.C., FOR THE APPELLANT/ACCUSED No.2 PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE DATED 30.08.2010 PASSED BY THE XXI ADDITIONAL CITY CIVIL AND S.J. AND SPECIAL JUDGE FOR CBI CASES, BANGALORE IN SPL.C.C.No.134/98- CONVICTING THE APPELLANT/ACCUSED No.2 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B, 420, 468, 471 IPC AND SECTION 7, 13(2) R/W 13(1)(d) OF PREVENTION OF CORRUPTION ACT, 1988. 3 IN CRLA.No.956/2010: BETWEEN B N RAJANNA S/O LATE NANJACHAR No.B3, 61, A.T.STREET SRIRANGAPATNA MYSORE DISTRICT. ... APPELLANT (BY SRI. S K VENKATA REDDY, ADVOCATE) AND STATE BY CBI: ACB BANGALORE. ...RESPONDENT (BY SRI. P PRASANNA KUMAR, SPL. PP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C., PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE DATED 30.08.2010 PASSED BY THE XXI ADDITIONAL CITY CIVIL AND SESSION JUDGE AND SPECIAL JUDGE FOR CBI CASES, BANGALORE IN SPL.C.C.No.134/98-CONVICTING THE APPELLANT/ACCUSED No.4 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B, 420 OF IPC SECTION 13(2) READ WITH 13(1)(d) OF PREVENTION OF CORRUPTION ACT, 1988. 4 IN CRL.A.No.928/2010: BETWEEN S NARAYANAMURTHY AGED 46 YEARS S/O LATE K SRINIVASAMURTHY 6TH CROSS, VIDYARANYAPURA MYSORE. PRESENTLY RESIDING AT No.49 1ST CROSS, NIVEDITA NAGAR MYSORE – 570 023. ... APPELLANT (BY SRI. S G BHAGAVAN, ADVOCATE) AND THE STATE BY CBI/ACB BELLARY ROAD BANGALORE. ...RESPONDENT (BY SRI P PRASANNA KUMAR, SPL. P P) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE DATED 30.8.2010 PASSED BY THE XXI ADDITIONAL CITY CIVIL AND SESSION JUDGE AND SPECIAL JUDGE FOR CBI CASES, BANGALORE IN SPL. C.C.No.134/98-CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 120B R/W 420 & 468 OF IPC. 5 IN CRL.A.No.961/2010: BETWEEN R S SETHURAMAN S/O SRI V.K.S MANI No.4, "SRIKRISHNA" BEHIND BHIMA JYOTHI LIC COLONY W.C ROAD, BANGALORE – 560 079. ...APPELLANT (BY SRI. S G BHAGAVAN, ADVOCATE) AND THE STATE BY CBI/ACB BELLARY ROAD BANGALORE. ...RESPONDENT (BY SRI. P PRASANNA KUMAR, SPL PP) THIS CRIMINAL APPEAL IS FILED U/S.374(2) OF CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE DATED 30.08.2010 PASSED BY THE XXI ADDITIONAL CITY CIVIL AND SESSION JUDGE AND SPECIAL JUDGE FOR CBI CASES, BANGALORE IN SPL.C.C.No.134/98-CONVICTING THE APPELLANT/ ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 120B READ WITH 420 OF IPC. 6 IN CRL.A.No.958/2010: BETWEEN B C ASHWATH S/O SRI CHIKKADE GOWDA BABARAYANA KOPPAL SRIRANGAPATNA TALUK MANDYA DSITRICT. ... APPELLANT (BY SRI. S K VENKATA REDDY, ADVOCATE) AND STATE BY CBI:ACB BANGALORE. ...RESPONDENT (BY SRI. P PRASANNA KUMAR, SPL. P P) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE DATED 30.8.10 PASSED BY THE XXI ADDITIONAL CITY CIVIL AND SESSION JUDGE AND SPECIAL JUDGE FOR CBI CASES, BANGALORE IN SPL.C.C.No.134/98-CONVICTING THE APPELLANT/ ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 120B READ WITH 420 & 468 OF IPC. IN CRL.A.No.934/2010: BETWEEN M D BHEEMA NAIDU S/O LATE DHARANIPALAN, AGED ABOUT 50 YEARS, OCC: AGRICULTURIST, NO.73/1, GOVT, HOUSE ROAD, 7 NAZARABAD, MYSORE. ...APPELLANT (BY SRI. K A CHANDRASHEKARA, ADVOCATE) AND STATE BY CBI:ACB BANGALORE. ...RESPONDENT (BY SRI. P PRASANNA KUMAR, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE DATED 30.8.2010 PASSED BY THE XXI ADDITIONAL CITY CIVIL AND SESSION JUDGE AND SPECIAL JUDGE FOR CBI CASES, BANGALORE IN SPL.C.C.NO.134/98-CONVICTING THE APPELLANT/ ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 120B READ WITH 420 & 468 OF IPC. THESE CRIMINAL APPEALS HAVING BEEN HEARD AND RESERVED ON 08.08.2018 AND COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING. JUDGMENT These seven appeals by the accused Nos.2,4,6,7, 8, 9 and 10 respectively are directed against the Judgment dated 30.08.2010 passed in Special CC No.134/1998 by the XXI Additional City Civil and Sessions Judge and Special Judge for CBI 8 Cases, Bangalore, wherein accused were convicted for the following offences and sentenced as under: Appeal Spl. CC Offence Conviction & sentence Number & Number & year Date of Preferred by Disposal 914/2010 134/1998 Section For offence under Accused No.8 30.08.2010 120B read Section 120 B IPC, Jagadeep with 420 -SI for 1 year & fine of Thadani IPC Rs.50,000/- and in default SI for 6 months For the offence under Section 420 IPC- SI for 1 year & fine of Rs.50,000/- and in default SI for 6 months. 957/2010 134/1998 120B, 420 C 30.08.2010 468, 471 120 B, 420, 468, 471 Subbarayan IPC & IPC & SECS.7 13(2) Accused No.2 SECS.7 R/W 13(1)(d) of PC Income Tax 13(2) R/W Act. Inspector 13(1)(d) of PC Act. 1.SI for 3 years & fine of Rs.25,000/- in default SI for 6 months for the offence u/S 120B IPC. 2.SI for 2 years & fine of Rs.20,000/- in default SI for 6 months for the offence u/S 420 9 IPC. 3. SI for 3 years & fine of Rs.25,000/- in default SI for 6 months for the offence u/S 468 IPC. 4. SI for 3 years & fine of Rs.25,000/- in default SI for 6 months for the offence u/S 471 IPC. 5. SI for 1 year & fine of Rs.25,000/- in default SI for 6 months for the offence u/S 7 of PC Act. 6. SI for 2 years & fine of Rs.25,000/- in default SI for 3 months for the offence u/S 13(2)R/W 13(1)(d) of PC Act. 956/2010 134/1998 120 B,420 B N Rajanna 30.08.2010 468, 471 120 B,420 IPC & Accused No.4 IPC & Sec.13(2) R/W Upper SECS.7 13(1)(d) of PC Act. Division 13(2) R/W Clerk 13(1)(d) of 1.SI for 3 years & fine PC Act. of Rs.25,000/- in default SI for 6 months for the offence u/S 120B IPC. 2.SI for 2 years & fine 10 of Rs.20,000/- in default SI for 6 months for the offence u/S 420 IPC. 3. SI for 2 years & fine of Rs.25,000/- in default SI for 3 months for the offence u/S 13(2) R/W 13(1)(d) PC Act. 928/2010 134/1998 120 B,420 120 B, R/W 420 & 468 S Narayana 30.08.2010 468, 471 IPC. Murthy IPC & Accused No.6 SECS.7 1.SI for 3 years & fine 13(2) R/W of Rs.25,000/- in 13(1)(d) of default SI for 6 months PC Act. for the offence u/S 120B IPC. 2.SI for 2 years & fine of Rs.20,000/- in default SI for 6 months for the offence u/S 420 IPC. 3. SI for 3 years & fine of Rs.25,000/- in default SI for 6 months for the offence u/S 468 IPC. 961/2010 134/1998 120 B,420 120 B R/w 420 IPC. R S 30.08.2010 468, 471 Sethuraman IPC & 1.SI for 3 years & fine Accused No.7 SECS.7 of Rs.25,000/- in 13(2) R/W default SI for 6 months 13(1)(d) of for the offence u/S 11 PC Act. 120B IPC. 2.SI for 2 years & fine of Rs.20,000/- in default SI for 6 months for the offence u/S 420 IPC.