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Judgment
Shivashankar Amarannavar, J
This petition is filed by accused No. 14 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant anticipatory bail in ECIR/BGZO/05/2025 registered by the Directorate of Enforcement, Bengaluru Zone, Bengaluru for offence under Sections 3 and 4 of Prevention of Money Laundering Act, 2002 (hereinafter referred to as `PMLA Act’).
Heard learned counsel for petitioner. Learned counsel for respondent is absent.
Learned counsel for petitioner would contend that petitioner is arraigned as accused in crime No. 56/2023 of Siddapura Police Station for offence punishable under Sections 420, 406, 409 of IPC and Section 13(1)(a) read with Section 13(2) of Prevention of Corruption Act (hereinafter referred to as the `PC Act’), he was arrested in the said case and subsequently, he has been granted bail by the trial Court by order dated 14.03.2024. Based on the said crime, petitioner has been arraigned as an accused in the present case for offence under Sections 3 and 4 of PMLA Act. Investigation in crime No. 56/2023 is not yet completed and charge sheet is not yet filed. Petitioner has cooperated with the investigating agency in crime No. 56/2023 of Siddapura Police Station. Petitioner is granted bail in the said crime and therefore, he is entitled for grant of anticipatory bail in the present case.
Having heard learned counsel for petitioner this Court has perused the FIR, complaint, statement of objections filed by learned counsel for respondent and other materials placed on record.
The allegation against the petitioner and other accused in crime No. 56/2023 of Siddapura Police Station is that the petitioner and other accused who were officials of Bhovi Nigama have created forged documents, opened bank accounts in the names of fake agencies and enterprises. They got transferred more than Rs.80.00 crores to the bank accounts of those fake agencies. They have rooted the said amount through the bank accounts of various people and misappropriated it by playing fraud and causing huge financial loss to Bhovi Nigama. The allegation in the present case is that the petitioner and others are laundering money got in crime No. 56/2023 of Siddapura Police Station and are alleged to have committed offence under Section 3 and 4 of PMLA Act.
Final report/charge sheet has not yet been filed in crime No. 56/2023 of Siddapura Police Station. It is still under investigation. What is the role of this petitioner in crime No. 56/2023 of Siddapura Police Station is not yet ascertained as charge sheet is not yet filed. Petitioner has been granted regular bail in crime No. 56/2023 of Siddapura Police. Petitioner has cooperated with the Investigating Officer in investigation in crime No. 56/2023 of Siddapura Police Station. The offence alleged against the petitioner in the present case is not punishable either with death or imprisonment for life. Petitioner has undertaken to cooperate with the Police in the investigation and abide by any terms and conditions to be imposed by this Court. Petitioner has made out case for grant of anticipatory bail with conditions.
In the result, the following;
ORDER
Petition is allowed. Petitioner – accused No. 14 is ordered to be enlarged on bail in the event of his arrest in ECIR/BGZO/05/2025 registered by the Directorate of Enforcement, Bengaluru Zone, Bengaluru subject to the following conditions:
I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the Investigating Officer.
II. Petitioner shall appear before the Investigating Officer within 10 days from this day and execute bail bond and furnish surety.
III. Petitioner shall cooperate with the Investigating Officer in the investigation.
IV. Petitioner shall not tamper the prosecution witnesses either directly or indirectly.
V. Petitioner shall not involve in commission of similar offences.
VI. Petitioner shall appear before the trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case.