SHRIKANTH HEGDE Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner-accused No.3 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in FIR RC No.24(A) of 2013 of CBI/ACB/BLR, pending in Spl.CC No.449 of 2015 (in Criminal Petition No.4174 of 2022) and in FIR RC No.6(A) of 2014 of CBI/ACB/BLR pending in Spl.CC NO.74 of 2016 (in Criminal Petition No.2087 of 2022) on the file of learned 47th Additional City Civil and Sessions Judge and Special Judge for CBI cases at Bengaluru, CCH.48, registered for the offences punishable under Ss. 409 , 419 , 420 , 467 , 468 and 471 read with Sec. 120B of the Indian Penal Code (for short ' IPC ') and under Sec. 13(2) read with Sec. 13(1)(c)(d) of the Prevention of Corruption Act (for short ' PC Act '), on the basis of first information lodged by the informant K Udhayarajan, Chief Manager, Punjab National Bank, Bengaluru.

(2.) Heard Sri K Sreedhar, learned counsel for the petitioner and Sri P Prasanna Kumar, learned Special Counsel for the respondent - CBI. Perused the materials placed on record.

(3.) Learned counsel for the petitioner submits that the petitioner is arrayed as accused No.3. He has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 2/7/2015 and since then he is in judicial custody. He has already undergone custody for more than 7 years. Therefore, he is entitled to be enlarged on bail under Sec. 436A of Cr.P.C as the maximum imprisonment that could be imposed for the offences alleged against the petitioner is life imprisonment. Generally, the life imprisonment will be considered as 14 years. Since the petitioner is in custody for more than 7 years, he is entitled to be enlarged on bail. Accordingly, he prays for allowing the petition.