Bangalore District Court S Nagaprasad vs Cbieowchennai on 29 January, 2025 KABC010024182017 IN THE COURT OF THE XXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND PRINCIPAL SPECIAL JUDGE FOR CBI CASES, BENGALURU (CCH4) DATED THIS THE DAY OF 29th OF JANUARY, 2025. PRESENT: SRI. SHRIDHAR GOPALAKRISHNA BHAT XXI Addl. City Civil and Sessions Judge and Prl. Special Judge for CBI Cases, Bengaluru. Criminal Appeal No.110/2017 with Crl.A.No.248/2017 Appellant : Sri. S. Nagaprasad (Accused No.2) S/o. Late. R.Shivaram, in Aged 51 years, Crl.A.110/2017 No.253, 1st Floor, 7th Main, KSRTC Layout, JP Nagar II Phase, Bengaluru. No.401/1, Subedar Chatram Road, Sheshadripuram, Bengaluru 560 020. (By Sri.R.Nagendra Naik, Advocate) Appellant : Sri. A.B.Srivenkata (Accused No.5) S/o. Arunachalam Balakrishnan, in No.19, 1st Cross, Crl.A.248/2017 Bhashyam Nagar, Srirampuram, Bengaluru 560 021. (By Sri.B.Rajendra Prasad and Sri. S.M.Darshan, Advocates) Vs 2 Crl.A.110/2017 c/w. 248/2017 Respondent : State by CBI/EWO/Chennai. (By Sri.Shivanand Perla, Learned Sr. Public Prosecutor) COMMON JUDGMENT The appellants (accused Nos.2 and 5) being aggrieved by the judgment of conviction dated 24.01.2017, passed by the learned 17 th Addl. Metropolitan Magistrate Bengaluru, in CC No.273/2014 filed the present appeals under Section 374(3) of the Cr.P.C., praying to set aside their conviction and thereby to acquit them for the charges leveled against them. 2. There were six accused persons in CC No.273/2014 and out of them accused No.1, 4 and 6 were acquitted and accused Nos.2, 3 and 5 were convicted by the Learned Magistrate. Now, the accused No.2 and 5 have come up with the present appeals. The appellant in Crl.A. No.110/2017 is accused No.2 and the appellant in Crl.A.248/2017 is accused No.5 and the parties are referred to as per their ranking before the trial court. 3. The facts of the prosecution case in nutshell are as under; The accused No.1 Sri.B.T.Puttappa and one Sri. Ajay Naik were partners of a Firm by name M/s.K.Display Infrastructure, which was engaged in providing advertisement display structures. They approached the IDBI Bank, MSME Mission Road, 3 Crl.A.110/2017 c/w. 248/2017 Bengaluru for financial assistance and sanctioned with cash credit facility of Rs.150 lakhs and Bank Guarantee of Rs.50 lakhs on offering collateral security. However, cash credit of only Rs.78 lakhs was released as title of the collateral security of one of the properties was not clear. Thereafter, on 07.10.2009, accused No.1 and his wife Smt. Deepthi Nanaiah started a Partnership Firm by name M/s. K.Urban Infrastructure located at Banaswadi Main Road, Cox Town, Bengaluru. The said firm was engaged in the business of erecting display structures, sky walk etc., On 04.02.2010, accused No.2 Sri.S.Nagaprasad was inducted as partner of the said Firm. 4. Further during the year 2009 and 2010, accused No.1 and 2 being the partners of accused No.3 Firm M/s. K.Urban Infrastructure, accused No.4 Sri. C.Ethiraju, accused No.5 Sri.A.B.Srivenkata and accused No.6 Sri.Devaiah K.A. entered into a criminal conspiracy at Bengaluru to cheat IDBI Bank Ltd., Mission Road, Bengaluru. In pursuance of the said criminal conspiracy, accused Nos.1 and 2 had applied for sanction of cash credit limit in the name of accused No.3 Firm to the tune of Rs.5 Crores and offered the property bearing No.131 (Old No. 401/1), situated at Subedar Chatram Road, Sheshadripuram, Bengaluru, which was already alienated in the form of sale and mortgage to different persons as on 01.01.2010 as collateral security for availing the said loan in the Account Number of the accused No.3 Firm from IDBI Bank Ltd., Mission Road, 4 Crl.A.110/2017 c/w. 248/2017 Bengaluru knowing fully well that the same was already mortgaged to the State Bank of India, Bengaluru on 14.03.1987 by the father of the accused No.2 and also that the said property was alienated to the different persons. 5. In pursuance of the said criminal conspiracy, accused No.4