Mumbai, Maharashtra – April 18, 2024 – Harish Kumar J. Jayaramaiah N K, a resident of Bangalore, Karnataka, has been granted bail by the Sessions Court for Greater Bombay in connection with a forgery and cheating case registered at the DCB CID Unit XII (corresponding to Dindoshi Police Station).

Background of the Case:

Jayaramaiah, identified as Accused No. 3, was arrested and charged under sections 420 (cheating), 465 (forgery), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) in connection with C.R. No. 68/2023 (corresponding to C.R. No. 787/2023).

The prosecution alleged that the accused cheated the complainant by presenting forged release orders from the Reserve Bank of India (RBI) and forged test reports from the Bhabha Atomic Research Centre (BARC). They further alleged that the accused had also created forged documents from the Defence Research and Development Organisation (DRDO) and obtained money from witnesses based on these forged documents. They claimed Jayaramaiah was a key accused and was found in possession of the forged RBI release order and BARC test report.

Arguments Presented:

Jayaramaiah, through his advocates Falake, Sarfare, and Kusalkar, argued that he was falsely implicated in the case. They highlighted that co-accused had already been granted bail and sought bail on the ground of parity. They asserted that no specific role was attributed to Jayaramaiah, nothing was to be recovered from him, and the investigation was nearly complete. They also stated that he was a permanent resident of his given address.

The prosecution, represented by Additional Public Prosecutor (APP) Iqbal Solkar, opposed the bail application. They argued that Jayaramaiah’s release would affect the collection of evidence, the investigation was incomplete, and there was a possibility of witness tampering and repetition of the crime. They also expressed concerns about him fleeing from justice.

Court’s Decision and Rationale:

Additional Sessions Judge Rajesh A. Sasne granted bail to Jayaramaiah. The court noted that the role attributed to Jayaramaiah was that he was found in possession of the forged RBI release order and BARC test report. The court also observed that the investigation was complete, and the charge sheet had been filed.

The court acknowledged that the trial would take its own course and time to conclude. It noted that Jayaramaiah had been in custody since November 3, 2023, and that further incarceration was not warranted. The court concluded that imposing reasonable conditions would entitle him to bail.

Bail Conditions Imposed:

The court granted bail to Harish Kumar J. Jayaramaiah N K on the following conditions:

• Personal Bond and Surety: He must furnish a personal bond and surety bond of Rs. 30,000 with one or two sureties.
• No Tampering with Witnesses and Evidence: He must not tamper with prosecution witnesses and evidence.
• Court Attendance: He must attend every court hearing until the conclusion of the trial unless specifically exempted.
• No Leaving India: He must not leave India without prior permission from the court.
• Bail Execution: The bail must be furnished before the learned trial court.

Significance of the Decision:

This decision underscores the court’s consideration of the completion of the investigation and the filing of the charge sheet when determining bail applications. The court’s decision to grant bail, despite the serious nature of the offenses, reflects its assessment that further detention was unnecessary, given the progress of the case. This case also highlights the courts consideration of length of time served in detention when considering bail.