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2019 Supreme(Kar) 364
IN THE HIGH COURT OF KARNATAKA
N.K. SUDHINDRARAO, J.
Jagadeep R. Thadani – Appellant
Versus
State by CBI/ACB – Respondent
Criminal Appeal Nos. 914, 928, 934, 956, 957, 958, 961 of 2010
Decided On : 03-04-2019
Advocate Appeared:
S.G. Bhagavan, P. Prasanna Kumar, S.K. Venkata Reddy, K.A. Chandrashekara.
Headnote:
Criminal Procedure Code,1973 - Section 164 - Indian Penal Code,1860 - Section 120B read with 420, 120-B, 471 and 468 - Prevention of Corruption Act, 1988 - Sections 7 and 13(2) read with 13(1)(d) - Forgery for purpose of cheating - Using as Genuine a forged document or electronic record - Criminal misconduct by a public servant - Accused Recovery Officer, Income Tax Department, Bangalore; (2) Accused No. 2 - C. Subbarayan, Income Tax Inspector, Income Tax Department, Bangalore Accused No. 3 K. Ramanna, UDC, Income Tax Department, Bangalore, entered criminal conspiracy with a private person in order to cause wrongful loss to Income Tax Department and to enjoy wrongful gains for themselves. The platform for the offence by the accused is said to be auction of a vacant land being conducted by Income Tax Department by its officials by allotting the same to accused low and throw away price by adopting dubious and illegal methods - was entrusted with the duty of conducting the auction towards the recovery of tax dues. Accused Nos. 2 and 3 conniving with accused No. 1 ensured through the conspiracy with accused No. 4 that the said land situated at a premium locality goes to accused – Held, . Srikanta Datta raised his objections against the auction of the said property through letter dated 23.09.1995 marked as Ex.P14 (Ex.D46) and insisted for withdrawing the auction notice also addressed a letter dated 01.10.1996 marked as Ex.P16 and also as Ex.D129 in this connection against the auction of property and also suspecting offence by Income Tax officials and others. Sri Srikanta Datta Wadiyar was also examined as prosecution witness PW-5. A letter is also addressed by him then Minister for Finance, Government of India, as per Ex.P17 on 27.09.1995. The rest of the documents are regarding conducting of auction of property comprised in Survey No. 4 to the extent of 10 acres at of Kurubarahalli, near Zoo Garden, Mysore City. The further claim of the prosecution is that the accused persons ensured that PW-5 who was the owner of the property in question, was kept in darkness and away from the activities – Ordered Accordingly
N.K. SUDHINDRARAO, J.
1. 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 Cases, Bangalore, wherein accused were convicted for the following offences and sentenced as under:-
Appeal Number and year Preferred by
Spl. CC Number and Date of Disposal
Offence
Conviction and sentence
914/2010
Accused No. 8
Jagadeep Thadani
134/1998
30.08.2010
Section 120B read with 420 IPC
For offence under Section 120-B IPC
SI for 1 year and fine of Rs. 50,000/- and in default SI for 6 months
For the offence under Section 420 IPC - SI for 1 year and fine of Rs. 50,000/- and in default SI for 6 months.
957/2010
C. Subbarayan
Accused No. 2 Income Tax Inspector
134/1998
30.08.2010
120B, 420 468, 471 IPC & SECS.7 13(2) R/W 13(1)(d) of PC Act.
120 B, 420, 468, 471 IPC and SECS.7 13(2) R/W 13(1)(d) of PC Act.
1. SI for 3 years and fine of Rs. 25,000/- in default SI for 6 months for the offence u/s 120B IPC.
2. SI for 2 years and fine of Rs. 20,000/- in default SI for 6 months for the offence u/s 420 IPC.
3. SI for 3 years and fine of Rs. 25,000/- in default SI for 6 months for the offence u/s 468 IPC.
4. SI for 3 years and fine of Rs. 25,000/- in default SI for 6 months for the offence u/s 471 IPC.
5. SI for 1 year and 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 and 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
B.N. Rajanna
Accused No. 4 Upper Division Clerk
134/1998
30.08.2010
120-B, 420 468, 471 IPC & SECS.7 13(2) R/W 13(1)(d) of PC Act.
120 B,420 IPC and Sec.13(2) R/W 13(1)(d) of PC Act.
1. SI for 3 years and fine of Rs. 25,000/- in default SI for 6 months for the offence u/s 120B IPC.
2. SI for 2 years and fine of Rs. 20,000/- in default SI for 6 months for the offence u/s 420 IPC.
3. SI for 2 years and 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
S. Narayana Murthy
Accused No. 6
134/1998
30.08.2010
120-B, 420 468, 471 IPC & SECS.7 13(2) R/W 13(1)(d) of PC Act.
120 B, R/W 420 & 468 IPC.
1. SI for 3 years and fine of Rs. 25,000/- in default SI for 6 months for the offence u/s 120B IPC.
2. SI for 2 years and fine of Rs. 20,000/- in default SI for 6 months for the offence u/s 420 IPC.
3. SI for 3 years and fine of Rs. 25,000/- in default SI for 6 months for the offence u/s 468 IPC.
961/2010
R.S. Sethuraman
Accused No. 7
134/1998
30.08.2010
120-B, 420 468, 471 IPC & SECS.7 13(2) R/W 13(1)(d) of PC Act.
120 B R/w 420 IPC.
1. SI for 3 years and fine of Rs. 25,000/- in default SI for 6 months for the offence u/s 120B IPC.
2. SI for 2 years and fine of Rs. 20,000/- in default SI for 6 months for the offence u/s 420 IPC.
958/2010
B.C. Ashwath
Accused No. 9
134/1998
30.08.2010
120-B, 420 468, 471 IPC & SECS.7 13(2) R/W 13(1)(d) of PC Act.
120 B, R/W 420 & 468 IPC.
1. SI for 3 years and fine of Rs. 25,000/- in default SI for 6 months for the offence u/s 120B IPC.
2. SI for 2 years and fine of Rs. 20,000/- in default SI for 6 months for the offence u/s 420 IPC.
3. SI for 3 years and fine of Rs. 25,000/- in default SI for 6 months for the offence u/s 468 IPC.
934/2010
M.D. Bheemanaidu
Accused No. 10
134/1998
30.08.2010
120-B, 420 468, 471 IPC & SECS.7 13(2) R/W 13(1)(d) of PC Act.
120 B, R/W 420 & 468 IPC.
1. SI for 3 years and fine of Rs. 25,000/- in default SI
