1. Accused No.4 in Crime No.118/2024 registered by the High Grounds Police Station, Bengaluru for the offences punishable under Section 120B, 409, 420, 467, 468, 471 of IPC and Section 13(1) read with Section 13(2) of the Prevention of Corruption Act, 1988, is before this Court under Section 439 of Cr.P.C. (Section 483 BNSS), seeking regular bail.

2. Heard learned counsel for the parties.

3. FIR in Crime No.118/2024 was registered by the High Grounds Police Station, Bengaluru, initially for the offences punishable under Sections 149, 409, 420, 467, 468 and 471 of IPC against Manimekhalai A., and others based on the complaint dated 28.05.2024 given by Sri. A. Rajashekar, General Manager of Karnataka Maharishi Valmiki Parishista Pangadagala Abhivruddi Nigama (for short, Corporation). During the course of investigation, petitioner herein was arrested on 24.06.2024. Investigation of the case is complete and charge-sheet has been now filed against 12 persons for the aforesaid offences and petitioner is arrayed as accused No.5 in the charge-sheet. The bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.8724/2024 was rejected on 04.10.2024. Therefore, he is before this Court.

4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner has no other criminal antecedents and similarly situated other accused have already been granted bail in the present case. Investigation of the case is complete and charge-sheet has been filed. The allegation against the petitioner is that he had received a sum of Rs.36,00,000/- in cash from accused No.1. He submits that the petitioner has not received amount as alleged and he also submits that petitioner is ready and willing to deposit a sum of Rs.20,00,000/- within a period of six months after he is enlarged on bail.

5. Per contra, learned Special Public Prosecutor who has opposed the petition submits that as per the charge-sheet, petitioner has received a total sum of Rs.40,00,000/- in cash from accused No.1, till date, prosecution has not recovered any money from the petitioner. Petitioner had impersonated as an employee of the Corporation and had approached the bank in which money belonging to the Corporation was kept in Fixed Deposit.

6. Perusal of the charge-sheet would go to show that, accused Nos.1 and 2 had opened 18 fictitious accounts in a financing company known as First Finance Co-operative Society of which accused No.3 is the Chairman and huge amount belonging to the Corporation which was in Fixed Deposit in Union Bank of India, M.G. Road Branch, was transferred to these 18 fictitious accounts and subsequently transferred to various accounts by accused Nos.1 and 2. The allegation against the petitioner is that, on the instructions of accused No.1, he had approached the bank representing to the bank that he was an employee of the Corporation and had negotiated with the bank for the purpose of facilitating the transfer of money to 18 fictitious accounts opened by accused Nos.1 and 2 in First Finance Co-operative Society.

7. It is alleged that petitioner was given a sum of Rs.40,00,000/- in cash as commission by accused No.1. Undisputedly, petitioner has not received any amount in his bank account from the 18 fictitious accounts opened in First Finance Co-operative Society, by accused Nos.1 and 2. Other accused persons as against whom there is allegation of receiving commission from accused Nos.1 and 2 for having assisted them in committing the crime and as against whom there are no other criminal antecedents have been undisputedly granted regular bail by this Court.

8. Learned counsel for the petitioner has undertaken that, within a period of six months from the date of petitioner's release, petitioner would deposit a sum of Rs.20,00,000/- to the bank account opened by the Investigating Officer in the present case, without prejudice to his defence during the course of trial. It is not in dispute that petitioner has no other criminal antecedents. Investigation is complete and chargesheet has been filed. Considering the nature of allegation made against the petitioner in the charge-sheet and since other accused persons as against whom similar allegations are found have already been granted regular bail by this Court, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

9. Accordingly, the petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.118/2024 registered by the High Grounds Police Station, Bengaluru for the offence punishable under Section 120B, 409, 420, 467, 468, 471 of IPC and Section 13(1) read with Section 13(2) of the Prevention of Corruption Act, 1988, subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 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.