IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7438/2018 BETWEEN:
Kovvur Somasekhar Aged about 51 years, S/o K. Subramanyam, Director, M/s. ILC Industries & M/s. ILC Iron & Steel Pvt. Ltd., R/at A-9, Dwarakamaye, Ward No.31, Jolatharashi Gudda, Vivekananda Colony, Behind RTO, Hospet, Bellary District-583 201. ...Petitioner (By Sri Ravi L. Vaidya, Advocate-Absent) AND:
Directorate of Enforcement, Rept. by its Assistant Director, Directorate of Enforcement, Government of India, 3rd Floor, B Block, BMTC, Shanti Nagar, TTMC, K.H. Road, Bengaluru-560 027. ...Respondent (By Sri P. Prasannakumar, Special PP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest by them in connection with the said Spl.C.C.No.596/2018 on the file of the learned XLVI Additional City Civil and Sessions Judge and Special Judge, for CBI cases, CCH-47, at Bengaluru for offences punishable under Sections 3, 4, 45 & 8(5) of the Prevention of Money Laundering Act, 2002.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER Though this case is listed on day to day basis, the learned counsel for the petitioner has remained absent.
2. I have heard the learned Special Public Prosecutor for respondent-State.
3. It is the submission of the learned Special Public Prosecutor that the learned Special Judge took cognizance and issued the summons. The summons were duly served to the petitioner-accused on the date of hearing on 17.09.2018. The application came to be filed under Section 317 of Cr.P.C for exempting his presence. The said application was rejected by the Special Court holding that no proper reasons have been assigned, on the first day of appearance. Thereafter, the court below had issued the warrant as against the petitioner-accused and the said order has been challenged in Crl.P.No.7944/2018 before this Court and this Court has issued an interim order of stay in favour of the petitioner-accused. There is no apprehension of the petitioner-accused being arrested in pursuance of the said warrant.
4. The said submission is placed on record.
Accordingly, petition is disposed of.
Sd/- JUDGE HA/-