Heard the learned counsel for petitioner and counsel for

the respondent.

2.

The factual matrix of the case of the prosecution that

is Directorate of Enforcement, Bengaluru Zonal office, Bengaluru

that one Sri.A.Santhosh Kumar, CEO of Sri Guru Raghavendra

Sahakara Bank Niyamith, Bengaluru lodged a complaint before

the Banasawadi Police Station, Bengaluru for the commission of

misappropriation of the funds and fraud and upon filing of the

complaint, the Banaswadi police have registered a case in

Cr.No.69/2020 for the offences punishable under Section

3

406,420,409,120B R/w Section 34 of Indian Penal Code and

under Section 9 of the Karnataka Protection of Interest of

Depositors in Financial Establishment Act. This petitioner was

arrested by the Bengaluru police on 14.02.2022 and on the

completion of the investigation, they have filed a charge sheet in

Criminal Case No. 28892/2021, now pending on the file of

Hon’ble I ACMM Court at Bengaluru.

3.

In the meantime, the respondent Directorate of

Enforcement has registered a case in ECIR/BGZO/9/2020 against

the petitioner and others for the alleged offences punishable

under Section 3 R/w 4 of PML Act, 2022. Based on the said

complaint, the Trial Court took the cognizance of the said

offences and registered the case and after the investigation filed

the final complaint before the Prl. City Civil and Sessions Judge,

Bengaluru in Spl.C.No.780/2022.

4.

It is contended that the allegations made in the

prosecution papers are that petitioner being the head of the Sri

Guru Raghavendra Sahakara Bank Niyamith and along with

other accused conspired together and created bogus/fake

deposits by debiting loans and advances of FDs and loans

4

against FDs were sanctioned without having FDs. The loan

documents were not found in respect of 80876 loans amount

into Rs.1,544.43 crores and same was found without any

securities and it is further alleged that they have sanctioned the

loans to various beneficiaries without RBI directions issued on

01.07.2015. Further it is alleged that the petitioner and other

accused were responsible for the loans of Rs.1,556 crores and

bank did not have any KYC documents for 8039 customers

accounts etc.,

5.

It is also contended that in the petition that the

petitioner had moved the bail application under Section 439 of

Cr.P.C before the Trial Court and same was dismissed on

07.03.2022 and thereafter he had approached this Court and

filed Crl.Misc.No.12561/2022 and said petition also came to be

dismissed by this Court on merit on 24.06.2022, challenging the

same, SLP No.8032/2022 filed before the Apex Court and same

was dismissed on 16.09.2022. Thereafter the petitioner has

approached the Trial Court on 21.01.2023 and sought for regular

bail under Section 439 of Cr.P.C on medical grounds and same

was rejected by the Court on 06.06.2023.

5

6.

The petitioner in the present petition has contended

that he is suffering from various ailments more particularly heart

ailment, even today he is under medication, since he is in

judicial custody, he could not get proper medical attention in jail

hospital, he requires immediate medical treatment at reputed

private hospital for heart ailment. The medical documents are

also produced as Annexure–A to G and has not filed any other

petition for seeking the same relief.

7.

The counsel would vehemently contend in his

argument that petitioner is aged about 72 years and suffering

from various illness for the past several years more particularly

heart ailment, previously he has suffered multiple heart attacks

and admitted in Jayadeva Institute of Cardiovascular, Bengaluru

on 01.11.2016. On 18.09.2019 he got admitted to the Apollo

hospital

for

heart

ailments.

In

the

year

2019

doctor

Girish.B.Navasundi attached to legends heart centre had opined

that LVEF of the petitioner is 35% (normal rate is 55%). On

15.02.2020, it was opined that LV function decreased to 40% to

30% of petitioner as such implantation of CRT-D (pace maker) is

necessary