CENTRAL BUREAU OF INVESTIGATION Vs. T.KANNA RAO

JUDGEMENT

(1.) This is a petition filed under Section 439(2) of Cr.P.C. The petitioner is Central Bureau of Investigation. The XXI Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru (CCH-4) granted bail to the respondent on 04.02.2020 in Spl.C.C.No.36/2020. This petition has been filed seeking cancellation of bail.

(2.) The background is:

(3.) Sri P.Prasanna Kumar, Special Public Prosecutor appearing for the petitioner argues that while granting bail to the respondent, the Court below very clearly observed that the respondent had not at all co-operated with the investigating officer for completion of investigation and that his attitude would make it clear that he had no regard and respect for law to face the trial. It was also observed by the Court below that the apprehension of the investigating officer would appear to be genuine. That after committing fraud to the banking institution to the tune of more than Rs.80 crores, he must have transferred that money to foreign countries. Having made an observation like this, the trial Court's conclusion to grant bail merely for the reason that charge sheet has been filed, is nothing but arbitrary exercise of discretionary power. There was no case for granting bail, mere filing of charge sheet should not entail in granting of bail. Therefore the petitioner has approached this Court seeking cancellation of bail.