C.P. YOGESHWARA Vs. SERIOUS FRAUD INVESTIGATION OFFICE

JUDGEMENT

(1.) Criminal Petition Nos. 3392/2012, 3394/2012, 3395/2012, 3396/2012 and 3397/2012 are filed under Section 482 of Cr.P.C. seeking quashing of the prosecutions launched against the respective petitioners in C.C. No. 6907/2012 on the file of the I-Additional C.M.M., Bangalore, and C.C. Nos. 6414/2012, 6415/2012, 6416/2012 and 6417/2012 on the file of IV-Additional C.M.M., Bangalore City, whereas Criminal Petition Nos.4453/2012, 4258/2012, 4260/2012, 4261/2012, 4262/2012 are filed under Section 438 of Cr.P.C. seeking the relief of anticipatory bail, apprehending arrest in connection with the aforesaid criminal cases.

(2.) The 1st petitioner in all these petitions namely C.P. Yogeshwar is the common accused (A-1) in all the aforesaid criminal cases. His wife Manjukumari is Accused No.2 in C.C. No.6907/2012 and C.C. No.6417/2012. One Arun Charanthimath and his wife Sujatha Charanthimath are Accused Nos. 3 & 4 in C.C. No.6907/2012. C.P. Gangadhareshwar, brother of Accused No.1, is Accused No.2 in C.C. Nos. 6414/2012, 6416/2012 and Accused No.3 in C.C.No.6417/2012. P.Mahadevaiah and H.R.Ramesh are arraigned as accused Nos.3 & 4 in C.C.No.6907/2012 and Accused Nos.4 & 5 in C.C.No.6417/2012. One Sambashiv Rao is Accused No.6 in C.C. No.6417/2012. In each of these cases, the accused persons are alleged to have committed various offences under Indian Penal Code. The details of the offences and other particulars are as noted in the table below:- <FRM>JUDGEMENT_416_TLKAR0_2013_1.html</FRM>

(3.) The offences alleged against these petitioners in all these criminal cases registered against them relate to a housing project named Vajragiri Township launched by a company called Megacity (Bangalore) Developers and Builders Limited ( for short, 'MDBL'), of which these petitioners are stated to be functionaries. The factual matrix leading to launching of the prosecutions against these petitioners, as alleged by the prosecution, are as under:-