1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF APRIL, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.1958 OF 2021

CONNECTED WITH
CRIMINAL PETITION NOS.1671, 1959, 2186,
2269 AND 2331 OF 2021
IN CRL.P. NO.1958/2021:

BETWEEN:

SRI YUVARAJ
S/O. RAMDAS,
AGED ABOUT 45 YEARS,
NO.161, SRI VAIBHAVALAKSHMI NILAYA,
NAGARBHAVI,
BENGALURU – 560 072.
... PETITIONER

(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL, ALONG WITH

MISS MELANIE SEBASTIAN, ADV.)

AND:

STATE OF KARNATAKA
BY HIGH GROUNDS POLICE STATION,
BENGALURU CITY,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU – 560 001.
... RESPONDENT

(BY SRI V.M. SHEELAVANT, S.P.P.-I)

***
 2

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.75 OF 2020 REGISTERED BY HIGH GROUNDS POLICE
STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 406, 420, 504 AND 506 OF THE IPC.

IN CRL.P. NO.1671/2021:

BETWEEN:

SRI YUVARAJ
S/O. RAMDAS,
AGED ABOUT 45 YEARS,
NO.161, SRI VAIBHAVALAKSHMI NILAYA,
NAGARBHAVI,
BENGALURU – 560 072.
... PETITIONER

(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL, ALONG WITH

MISS MELANIE SEBASTIAN, ADV.)

AND:

STATE OF KARNATAKA
BY CYBER CRIME POLICE STATION,
BENGALURU CITY,
INVESTIGATED BY C.C.B., BENGALURU,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU – 560 001.
... RESPONDENT

(BY SRI V.M. SHEELAVANT, S.P.P.-I)

***

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.40 OF 2020 (C.C. NO.3090/2021) REGISTERED BY
CYBER CRIME POLICE STATION, BENGALURU, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 420, 406, 419, 506
AND 120B READ WITH SECTION 34 OF THE IPC AND UNDER
SECTION 66 OF THE IT ACT.
 3

IN CRL.P. NO.1959/2021:

BETWEEN:

SRI YUVARAJ
S/O. RAMDAS,
AGED ABOUT 45 YEARS,
NO.161, SRI VAIBHAVALAKSHMI NILAYA,
NAGARBHAVI,
BENGALURU – 560 072.
... PETITIONER

((BY SRI TOMY SEBASTIAN, SENIOR COUNSEL, ALONG WITH

MISS MELANIE SEBASTIAN, ADV.)

AND:

STATE OF KARNATAKA
BY HIGH GROUNDS POLICE STATION,
BENGALURU CITY,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU – 560 001.
... RESPONDENT

(BY SRI V.M. SHEELAVANT, S.P.P.-I)

***

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.74 OF 2020 REGISTERED BY HIGH GROUNDS POLICE
STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 406, 419, 420, 504 AND 506 OF THE IPC.
 4

IN CRL.P. NO.2186/2021:

BETWEEN:

SRI YUVARAJ
S/O. RAMDAS,
AGED ABOUT 48 YEARS,
NO.161, 8TH MAIN ROAD,
4TH CROSS, 15TH BLOCK,
NGEF LAYOUT, NAGARBHAVI 2ND STAGE,
BENGALURU – 560 072.
... PETITIONER

(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL, ALONG WITH

MISS MELANIE SEBASTIAN, ADV.)

AND:

STATE OF KARNATAKA
BY JNANABHARATHI POLICE STATION,
BENGALURU CITY,
REPRESENTED BY SPECIAL PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU – 560 001.
... RESPONDENT

(BY SRI V.M. SHEELAVANT, S.P.P.-I)

***

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.13 OF 2021 REGISTERED BY JNANABHARATHI POLICE
STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 418 AND 420 OF THE IPC.
 5

IN CRL.P. NO.2269/2021:

BETWEEN:

SRI YUVARAJ
S/O. RAMDAS,
AGED ABOUT 48 YEARS,
NO.161, 8TH MAIN,
14TH BLOCK, NAGARBHAVI 2ND STAGE,
BENGALURU – 560 072.
... PETITIONER

(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL, ALONG WITH

MISS MELANIE SEBASTIAN, ADV.)

AND:

STATE OF KARNATAKA
BY HIGH GROUNDS POLICE STATION,
BENGALURU CITY,
INVESTIGATED BY C.C.B.,
BENGALURU,
REPRESENTED BY SPECIAL PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU – 560 001.
... RESPONDENT

(BY SRI V.M. SHEELAVANT, S.P.P.-I)

***

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.4 OF 2021 REGISTERED BY HIGH GROUNDS POLICE
STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 406, 420 AND 506 OF THE IPC.
 6

IN CRL.P. NO.2331/2021:

BETWEEN:

SRI YUVARAJ
S/O. RAMDAS,
AGED ABOUT 45 YEARS,
NO.161, 8TH MAIN ROAD,
4TH CROSS, 14TH BLOCK,
NGEF LAYOUT, NAGARBHAVI 2ND STAGE,
BENGALURU – 560 072.
... PETITIONER

(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL, ALONG WITH

MISS MELANIE SEBASTIAN, ADV.)

AND:

STATE OF KARNATAKA
BY JNANABHARATHI POLICE STATION,
BENGALURU CITY,
INVESTIGATED BY C.C.B.,
BENGALURU,
REPRESENTED BY THE PUBLIC PROSECUTORS OFFICE,
HIGH COURT BUILDING,
BENGALURU – 560 001.
... RESPONDENT

(BY SRI V.M. SHEELAVANT, S.P.P.-I)

***

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.12 OF 2021 REGISTERED BY JNANABHARATHI POLICE
STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 420, 504 AND 506 OF THE IPC.

THESE CRIMINAL PETITIONS ARE HAVING BEEN HEARD

AND RESERVED FOR ORDERS ON 30-3-2021 AND COMING ON
FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED
THE FOLLOWING:
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ORDER

These petitions are filed by the petitioner under

Section 439 of the Code of Criminal Procedure, 1973, (for

short, ‘the Cr.P.C.’) for granting regular bail in different

crime numbers registered by Cyber Crime Police, High

Grounds Police and Jnanabharathi Police for the offences

punishable under Sections 406, 418, 419, 420, 504 and

506 of the Indian Penal Code, 1860 (for short, ‘the IPC’)

and under Section 66 of the Information Technology Act,

2000 (for short, ‘the IT Act’.

2. The case of the prosecution in Criminal Petition

No.1671 of 2021 is that, on 14-12-2020, Cyber Crime

Police registered a case against the petitioner on the

complaint of Sri Sudheendra Reddy K.P. alleging that the

petitioner received Rs.1.00 crore from the complainant on

the assurance to provide a post of Chairman at K.S.R.T.C.,

but he has not provided the job and thereby, cheated the

complainant. After registering the case, the Police

 8

arrested the petitioner on 17-12-2020 and remanded him

to judicial custody.

3. In Criminal Petition No.1959 of 2021, High

Grounds Police registered a case in Crime No.74 of 2020

on the complaint of Dr. Gururaj Ravi alleging that, the

petitioner received Rs.6.50 crore from the complainant

with assurance to settle the property dispute, but he has

not settled the same.

4. In Criminal Petition No.1958 of 2021, High

Grounds Police registered a case in Crime No.75 of 2020

on the complaint of Anandha Kumar Kola alleging that,

the petitioner received Rs.1.50 crore through RTGS and

cash with an assurance to get him the post of Chairman

at Central Silk Board, Karnataka, but not provided any

post and thereby, cheated the complainant.

5. In Criminal Petition No.2269 of 2021, High

Grounds Police registered a case in Crime No.4 of 2021 on

 9

the complaint of Enith Kumar M.C. alleging that, the

petitioner received Rs.30.00 lakh for getting him the post

of Chairman in Central Silk Board, but not provided the

post and thereby, cheated the complainant.

6. In Criminal Petition 2331 of 2021, Jnanabharathi

Police registered a case in Crime No.12 of 2021 on the

complaint of Narasimha Swamy G. alleging that, the

petitioner received Rs.30.00 lakh and assured to provide a

job to his son as Assistant Executive Engineer, but not

provided the job and thereby, cheated the complainant.

7. In Criminal Petition No.2186 of 2021,

Jnanabharathi Police registered a case in Crime No.13 of

2021 on the complaint of Govindaih alleging that, the

petitioner received Rs.30.00 lakh to secure a job at KMF

for his son-in-law as Marketing Manager and not provided

the job.
 10

8. The Cyber Crime Police arrested the petitioner on

17-12-2020 in Crime No.40 of 2020. The Police recovered

the documents, cash and other material from the

possession of the petitioner and he was remanded to

judicial custody. Subsequently, the Police have registered

the cases against the petitioner and the presence of the

petitioner was secured through body warrant. The Police

have already filed charge-sheet in Crime Nos.40, 74 and

75 of 2020 and they are yet to file the charge-sheet in

other cases.

9. Sri Tomy Sebastian, learned Senior counsel for

the petitioner, has contended that the petitioner is

innocent of the alleged offences and he has been falsely

implicated by the Police on the complaint filed by him

against the Joint Commissioner of Police, CCB, to

Lokayukta. Therefore, the petitioner was arrested in

Crime No.40 of 2020 and later, the Police have called the

complainants and received complaints from them and

 11

registered the cases against the petitioner. In fact, none

of the victims have lodged the complaint to the Police. The

petitioner approached this High Court for quashing

unregistered complaint by filing Writ Petition No.14454 of

2020 and subsequently, the Police developed the cases

and registered the cases by implicating the petitioner

falsely. The amounts received by the petitioner have been

already recovered by the Police and they have also seized

the Bank accounts of the petitioner. The Police have

already filed charge-sheet in Crime Nos.40, 74 and 75 of

2020 and in another three cases, the Police are likely to

file charge-sheet within short period. Hence, the presence

of the petitioner is no more required for investigation.

Wilson Garden Police registered a case in Crime No.125 of

2020 on the ground that he received Rs.8.50 crore from

Indrakala for getting a Central Government job and the

petitioner has been granted bail by the trial Court and in

the said case, the charge-sheet has already been filed.

The alleged offences are not punishable either with death

 12

or imprisonment for life. Keeping the petitioner in custody

will not serve any purpose. The petitioner is ready to abide

by any of the conditions that may be imposed by the Court

and will co-operate with the Investigating Officer for

further investigation, if any. The learned counsel has

relied upon the judgment of the Co-ordinate Bench of this

Court in the case of MOHAMMAD MANSOOR KHAN v.

THE DIRECTORATE OF ENFORCEMENT (Criminal

Petition No.4580 of 2020 disposed of on 19-10-2020),

wherein the accused therein has been granted bail and the

case of the petitioner is similar to that of the accused

therein. Hence, he prayed for allowing the petitions.

10. Sri V.M. Sheelavant, learned Special Public

Prosecutor-I, has seriously objected the bail petitions and

contended that, the petitioner cheated so many persons by

receiving huge money from them with false assurance to

provide jobs and not provided them. The Police have

recovered huge cash and filled cheques from the custody

 13

of the petitioner. The petitioner is a proclaimed offender

in a case registered by Upparpet Police in the year 2003

itself. He has cheated eight students with regard to

admission in Dental College. In the said cases, the

petitioner was absconding for almost 16 years. Split up

charge-sheets have been filed. The petitioner has changed

his name from Sevalal Sangana Basavaswamiji to Yuvaraj.

Though the Police have recovered documents and filled

cheques from the custody of the petitioner, but they are

yet to investigate the matter with regard to cash

transactions made and received by the petitioner. The

Police are required to file additional charge-sheet. The

petitioner is very influential person and is in contact with

Ministers and bureaucrats. The petitioner is yet to

disclose the names of the persons to whom he has paid

the money. Even, Income Tax Department and the

Directorate of Enforcement are also verifying the case for

taking cognizance of the offences and are making enquiry

to take the custody of the petitioner to further investigate

 14

in the case. The petitioner has done cash transactions of

Crores and has cheated many and most of them have not

lodged the complaint. The petitioner had 18 bank

accounts, 11 bank accounts in the name of his wife, 2

bank accounts in the name of his son-in-law and 2 bank

accounts in the name of his daughters and he has

purchased 26 properties out of the amount received from

the complainants. The Police are still trying to unearth

the cash and other offences committed by the petitioner.

If the petitioner is granted bail, he may tamper with the

prosecution witnesses, commit similar offences and

abscond from the case. Hence, he prayed for dismissing

the petitions.

11. In reply, the learned Senior counsel has

contended that, on the basis of the complaints of the

students, who were admitted in Sevalal College of Dental

Science and Hospital in anticipation of the confirmation of

the pending affiliation to Rajiv Gandhi University, as the

 15

affiliations were not materialised during the academic year

of the admission of those students, cases were registered

against the petitioner. However, amounts have already

been settled by the petitioner in the year 2009 itself.

Since the affiliation was not granted, it is not the fault of

the petitioner and that issue has nothing to do with the

present cases. Hence, he prayed for granting bail.

12. Upon hearing the arguments of the learned

Senior counsel in all the cases and learned SPP for the

State and on perusal of the allegations made against the

petitioner in Crime No.40/2020 registered by the Cyber

Police Station, investigation has been taken by the CCB,

Bengaluru. The allegation made against the petitioner by

the complainant is that one Sudhindra Reddy, filed a

complaint on 14.12.2020 alleging that the petitioner-

Yuvaraj and one Madhuraj-Accused No.2 got introduced

themselves and made the complainant to believe that they

are making arrangement to get the post of Chairman of

 16

KSRTC and demanded Rs.1.5 Crores through cash and

bank transfer. The complainant has paid Rs.1.00 crore by

way cash as well as bank transaction in the year 2020.

He has also given his bio-data to the accused. It is also

alleged that the accused has assured that if job is not

provided, the amount will be given back. When the

accused failed to comply the promise, they dodged for

refund of the money. When the complainant questioned

the same, they threatened to kill him. After registering the

case and arresting the petitioner, the Police seized

Rs.6,10,000/- and Rs.20,00,000/- subject to the PF

No.25/2020 and Rs.27,00,000/-, Rs.5,10,000/-,

Rs.94,90,000/- totally Rs.1,27,00,000 has been recovered

by the Police.

13. Crl.P.No.1959/2021 in respect of Crime

No.74/2020 registered by the High Grounds Police on the

complaint by Dr. Gururaj Ravi. It is alleged that the

accused received Rs.6,50,00,000/- with an assurance to

 17

settle the property dispute that the accused is having

property worth of Rs.150.00 Crores and if the complainant

invest the money, he will get more profit while selling the

said lands. After receiving Rs.6.50 Crores, the accused

cheated the complainant. After the arrest of this

petitioner, the Police recovered Rs.10,00,000/- from

Yaswanth subject to PF No.9/21 and another

Rs.10,00,000/- from one Gurudeva subject to PF

No.11/2021.

14. In Crl.P.No.1958/2021 in respect of Crime

No.75/2020 registered by the High Grounds Police on the

complaint of one Ananda Kumar where the complaint

came to be filed on 21.12.2020 alleging that the petitioner

received Rs.1,50,00,000/- through RTGS and assured him

to provide the post of Chairman in Central Silk Board in

Karnataka. They obtained body warrant of this petitioner

on 27.01.2021.
 18

15. Whereas, Crl.P.No.2269/2021 in respect of

Crime No.4/2021 registered by High Grounds Police on

the complaint of Enith Kumar M.C. It is alleged that the

petitioner received Rs.30.00 lakhs through RTGS assuring

to provide post of Chairman in the Silk Board. In this

case, petitioner is arrested on 03.02.2021.

16. Whereas, Crl.P.No.2331/2021 in respect of

Crime No.12/2021 registered by Jnanabharathi Police on

the complaint of Dr.G.Narasimha Swamy, where the

accused petitioner obtained Rs.30.00 lakhs by cash and

assured to provide a post of Assistant Executive Engineer.

In this case, the petitioner is arrested on 22.01.2021.

17. Crl.P.No.2186/2021 in respect of Crime

No.13/2021 registered by Jnanabharathi Police on the

complaint of one Govindaiah wherein it is alleged that the

petitioner received Rs.30.00 lakhs through cash as well as

RTGS and cheques assuring to provide the post of

 19

Marketing Manager in KMF. The petitioner is arrested on

08.02.2021.

18. Learned counsel for the petitioner has

contended that the petitioner was arrested only in one

case in Crime No.40/2020 and purposely they have

inserted Section 66 of the Information Technology Act in

order to take over the investigation by the CCB Police. On

perusal of the cases registered against the petitioner for

the offences under Sections 420, 406, 419, 506, 120B of

IPC and it is also revealed from the arguments of the

learned Senior counsel that a case in Crime No.125/2020

registered by Wilson Garden Police on the complaint of

one Indrakala for having paid Rs.8,50,00,000/- through

RTGS for assuring the post of Governor in which the

Magistrate said to have granted bail to the petitioner. Of-

course, the Police after arresting the petitioner on

17.12.2020 in Crime No.40/2020 where the complaint

was filed on 14.12.2020, subsequently almost 7 cases

 20

were registered against the petitioner other than Crime

No.125/2020. In one case, the Police are yet to take body

warrant of this petitioner.

19. On perusal of the allegations, the petitioner

obtained Crores of rupees from various persons assuring

to provide the post of Governor, post of Chairman in Silk

Board, Chairman of KSRTC, Post of AEE, post of

Marketing Manager in KMF and real estate business or

settling the land disputes. The voluntary statement and

the recovery panchanama prepared by the Police reveal

that there were lot of filled-in cheques and blank cheques

found in possession of the petitioner which were for

different amounts like Rs.25.00 lakhs, Rs.50.00 Lakhs

each and Rs.30.00 Lakhs apart from various passbooks

and this petitioner is having 18 bank accounts, 11 bank

accounts in his wife’s name, two in his son’s name and

two accounts in his daughter’s name and 26 properties

have been purchased by this accused out of the amount

 21

received from the complainants. Though he has stated in

his voluntary statement that he has paid some amounts to

the politicians and other persons and assured to provide

jobs, but the petitioner seems to be a middleman and

highly influential person having contact with Ministers

otherwise, it is not possible to promise or assure for

providing or securing jobs like Governor, Chairman of

Boards and Transport Corporation and also other posts do

not arise. He is suppressing the names of the persons to

whom he has paid the money for securing the posts.

20. Learned SPP rightly contended that the

petitioner is having very influential power with Ministers

and Bureaucrats and if he is released on bail, he may

tamper with the prosecution witnesses. That apart, the

Income Tax Department and Enforcement Directorate are

also verifying the case for taking cognizance to further

investigate the matter and the Police have also stated that

the petitioner is required for further investigation as he is

 22

involved in cheating so many other persons also. The

persons who are all paid money to the accused through

cheques, RTGS other than these complainants were also

under investigation. The properties which were recovered

from the petitioner show almost 111 items. He has

committed heinous offence of cheating the educated

people as well a retired High Court Judge. It is

unfortunate that the learned Magistrate granted bail in

Crime No.125/2020 where the accused received Rs.8.50

Crores for securing the post of Governor. It is most

unfortunate that the State has not chosen to file any

application for cancellation of the bail granted by the

Magistrate. It is also most unfortunate that a former

Judge of the High Court has paid bribe to the petitioner

for securing the Post of Governor which act of the

complainant not only lowered the prestige of a Judge and

also affect the image of Governor’s post.

 23

21. Looking to the entire facts and circumstance of

the case, I am of the view that if this petitioner is granted

bail, he will tamper with the prosecution witnesses and

committing similar offences is not ruled out. He is a very

influential person and he may threaten the prosecution

witnesses and cause hurdle to the investigation by the

Police. If he is granted bail, there will be a wrong message

sent to the Society that a person having money can buy

post in the Government. Hence, he does not deserve for

grant of any bail.

22. Apart from that, he is an absconding accused

in CC No.5011/2007 and the case was spilt against him

and the name of the accused was Sevalal Sanganna

Basava Swamiji and after absconding he is said to have

obtained bail and again he absconded and NBW was

issued against him. Though he is said to have settled the

candidates by paying money in the year 2008 itself, but

the fact remains that he has changed his name as Yuvaraj

 24

and if bail is granted, again he may change his name and

absconding from the case is not ruled out. Though a co-

ordinate Bench of this Court granted bail to the accused

who is MD of I Monetary Advisory (IMA) collected

investments from the public and he is unable to repay the

same wherein the accused is having investments and

repaying to the public through Administrator. But that

case cannot be compared with this case. Here in this

case, the petitioner is notorious and having so much

influence with the political parties and cheating the

persons under the guise of providing posts in government

organisations and that too to the level of assuring for

providing post of governor. Such being the case, I am of

the view that the petitioner is not entitled for bail in all the

petitions.
 25

23. Accordingly, all the Criminal Petitions No.1958

of 2021 connected with 1671, 1959, 2186, 2269 and 2331

of 2021 are dismissed.

Sd/-
JUDGE
kvk/GBB/mv