- 1 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 1576 OF 2024 (397(Cr.PC) / 438(BNSS)) C/W CRIMINAL REVISION PETITION NO. 1591 OF 2024 IN CRL.RP NO.1576/2024 BETWEEN: SRI PONNAVOLA VENU GOPAL REDDY AGED ABOUT 60 YEARS, S/O SRI GOPI REDDY PONNOVALA, RESIDING AT NO.108 SAMAYA SONATA APARTMENT, M S PALYA, VIDYARANYAPURA, BENGALURU-560097 …PETITIONER (BY SRI.P.A.KULKARNI, ADVOCATE) AND: CENTRAL BUREAU OF INVESTIGATION ANTI CORRUPTION BUREAU BENGALURU REPRESENTED BY THE BY SPECIAL PUBLIC PROSECUTOR, AT HONBLE HIGH COURT OF KARNATAKA BENGALURU-560001 …RESPONDENT (BY SRI. PRASANNA KUMAR P, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C (FILED U/S 438 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 28.10.2024 PASSED IN SPL.C.C.NO.107/2023 BY THE COURT OF THE XXXII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE FOR CBI AND ED CASED AT BENGALURU (CCH-34) ANNEXURE-A IN RESPECT OF THE PETITIONER / ACCUSED NO.6 AND GRANT DISCHARGE OF THE PETITIONER FROM SPECIAL C.C. 107/2023 ON THE FILE OF THE COURT OF THE XXXII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR CBI AND ED CASED AT BENGALURU (CCH-34) BY ALLOWING THE DISCHARGE PLEA MADE BY THE PETITIONER AS PROVIDED U/S 227 R/W 239 OF CR.P.C. IN CRL.RP NO.1591/2024 BETWEEN: SRI MACHUNURU RAMANA REDDY AGED 57 YEARS, SON OF LATE SRI. VENKATA SUBBAREDDY, RESIDING AT NO.4/16, VARADARAJUPALLI, ATLURU, KAMASAMUDRAM, KONARACHAPALLI, CUDDAPAH, ANDRA PRADESH-516501. …PETITIONER (BY SRI. P A KULKARNI, ADVOCATE) AND: CENTRAL BUREAU OF INVESTIGATION ANTI CORRUPTION BUREAU BENGALURU REPRESENTED BY THE BY SPECIAL PUBLIC PROSECUTOR AT HON'BLE HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY SRI. PRASANNA KUMAR P, ADVOCATE) - 3 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 28.10.2024 PASSED IN SPL.C.C.NO.107/2023 BY COURT OF THE XXXII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE FOR CBI AND ED CASED AT BENGALURU (CCH-34) ANNEXURE-A IN RESPECT OF THE PETITIONER / ACCUSED NO.6 AND GRANT DISCHARGE OF THE PETITIONER FROM SPL.C.C.NO.107/2023 ON THE FILE OF THE COURT OF THE XXXII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE FOR CBI AND ED CASED AT BENGALURU (CCH-34) BY ALLOWING THE DISCHARGE PLEA MADE BY THE PETITIONER AS PROVIDED UNDER SECTION 227 R/W 239 OF CR.PC. THESE PETITIONS, COMING ON FOR FINAL DISPOSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER These two petitions are filed under Section 397(1) Cr.P.C., challenging the separate orders of even dated 28.10.2024, passed by the trial Court, rejecting two sets of applications filed by accused Nos.6, 7 and 15 on one hand and accused No.12 on the other hand, in Spl.C.C.107/2023, on the file of XXXII Additional City Civil and Sessions, Judge and Special Judge for CBI and ED cases at Bengaluru (CCH-34). - 4 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 2. Since these two petitions are arising out of the same case and it involves common discussion, they are clubbed together and disposed of by a common order. 3. While Cr.R.P.No.1576/2024 is filed by accused No.6, Cr.R.P.No.1591/2024 is filed by accused No.12. 4. For the sake of convenience, parties are referred to by their ranks before the trial Court. 5. In support of their petitions, accused Nos.6 and 12 have contended that the trial Court has rejected their applications for discharge, only on the ground that several payments have been made from their bank account to accused No.1 and his family members and it leads to grave suspicion. There is no application of mind on the part of the trial Court, in respect of the legitimate plea for discharge made by the accused Nos.6 and 12. 6. There is nothing to indicate in the charge sheet to level the accusation for the offences punishable under - 5 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 Section 120-B IPC and Sections 8, 10 and 12 of Prevention of Corruption Act (for short "PC Act"). Accused No.12 was only doing piecemeal work entrusted by accused No.2. There is no direct or indirect material to establish criminal conspiracy or abetment of the alleged crime. 7. In the absence of material for accusation in the entire charge sheet attracting provisions of Section 7 and 7A of PC Act, there is no justification to arraign petitioners as accused. They ought to have been made as witnesses. Simply on the basis of bank transactions, petitioners are arraigned as accused. Without examining these aspects, the trial Court has rejected the applications filed by the petitioners and pray to allow the petitions and discharge them. 8. The learned counsel for CBI has justified the impugned order and sought for dismissal of the petitions. - 6 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 9. Heard arguments of both sides and perused the record. 10. At the relevant point of time, accused No.1- Ghanshyam Pradhan was working as XEN/CN/JRU from 15.11.2013 to 13.03.2016 and as XEN/CN/HVR from 14.3.2016 to 05.03.2019. During this period he handled/supervised projects in (1) Hosadurga–Chickjajur projects, (2) Hubli–Chickjajur doubling project. Based on the source report, case in RC No.12/2021 came to be registered. After detailed investigation, a charge sheet came to be filed against accused Nos.1 to 18 to the following effect: "CHARGE: 1. The investigation revealed that, Shri Ghanashyam Pradhan (A-1) was posted as XEN/CN/JRU from 15.11.2013 to 13.3.2016 and XEN/CN/HVR from 14.3.2016 to 05.3.2019 where he handled /supervised projects in (1) Hosadurga - Chickjajur projects, (2) Hubli-Chickjajur doubling project. 2. As per records with the Railway Department, Smt.Sudha Prava Pradhan (A-9) is the wife of Shri.Ghanashyam Pradhan (A-1). However, the documents collected during investigation showed Shri.Ghanashyam Pradhan (A-1) had a registered - 7 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 marriage with Smt.Sermista Pradhan (A-10), but the same was not intimated to the Railway Department. 2.1 The investigation revealed that, Smt. Sudha Prava Pradhan (A-9) was maintaining a Bank account No.54010696923 at SBI/Mysore. A joint account was also existing in the name of Smt. Sudha Prava Pradhan's (A-9) sister Ms.Sneha Prava Pattanayak & and her daughter Miss. Sangeetha Pattanayak bearing Bank Account No.54010695136 at SBI, Mysore. Smt.Sermista Pradhan (A-10) was maintaining Bank Account No.64042423410 at SBI/Brindhavan Extn branch, Mysore. Further, Shri Ghanshyam Pradhan (A- 1) was maintaining a joint A/c No.54003465054 at SBI, Vijayanagar Extension, Mysore in his name and in the name of his daughter Ms. Sigma Satapti. Shri.Ghanshyam Pradhan (A-1) was maintaining an account in SBI, Vishweswaranagar Branch jointly in the name of Shri Ghanshyam Pradhan (A-1), Miss Sigma Satapti and Miss Jigma Gangotri bearing A/c. No.54010668118. 2.2 The investigation revealed that, the above accounts were used by Shri Ghanshyam Pradhan (A- 1) who received payments from various contractors. 2.3 Investigation revealed that the partnership firm M/s. Krishi Infratech (A-3) was formed on 12.12.2011 with two partners Shri N. Kumar (A-5) and Shri.M.Suryanarayana Reddy (A-2) having equal share of 50%. The same was reconstituted through a partnership deed on 27.01.2012 with one more partner Shri. S. Hari Nath Choudhry with 35% share, - 8 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 Shri N.Kumar (A-5) with 30% share and Shri.M.Surya Narayana Reddy (A-2) with 35% share. From 27.01.2012, whatever tenders participated by M/s. Krishi Infratech (A-3) whether in Railways or any organisation were with three Partners. The investigation revealed that, M/s. Krishi Infratech (A-3) has got four UCC 73708, 73734, 73797 & 74115 tenders. The investigation revealed that in the two UCCs: 73708, 73734, the credentials of Shri.S.Harinath Choudhary was considered and the work was awarded as Shri. Kumar (A-5) and Shri M. Suryanarayana Reddy (A-2) did not have the required experience in structural steel. The Power of Attorney was given to Shri M. Surya Narayana Reddy (A-2) and Shri S.Hari Nath Choudhary having 35% partnership for UCCs 73708, 73797 and 73734. 2.4 The partnership firm was reconstituted again on 06.01.2014 and Shri N.Kumar (A-5) and Shri.M.Surya Narayana Reddy (A-2) became partners with equal share of 50%. At this stage they have participated in the tenders UCCs 73708, 73734 and 73797 without intimating the reconstitution of the Partnership deed which is a violation of railway contract units. 2.5 The investigation revealed that during the period 2013-2016, M/s. Krishi Infratech (A3) executed SWR construction works UCC Nos.73734, 73708, 73797, 74115 in Hosadurga-Chickjajur Patch Doubling work Project under the supervision of Shri Ghanashyam Pradhan (A-1) and received payments for the bills. Shri Ghanashyam Pradhan (A-1) as XEN/CN/HVR supervised the works of UCC Nos.73734, 73708, 73797, 74115 in Hosadurga-Chickjajur Patch Doubling - 9 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 work Project executed by M/s. Krishi Infratech (A-3) and also done 100% test check for the quantities recorded in measurement book. 2.6 The investigation revealed that, Shri.Suryanarayana Reddy (A-2) was maintaining M/s. Krishi Infratech (A-3) A/c No.931100000353 in Andhra Bank. Shri N. Kumar (A-5) was maintaining M/s. Krishi Infratech (A-3)A/c No. 931100001723. 2.7 The investigation revealed that, Shri Raja Reddy (A-11) was an accountant in M/s. Krishi Infratech (A- 3) office maintained by Shri M.Suryanarayana Reddy (A-2). Shri Raja Reddy (A-11) is having account No.009310100041280 in Andhra Bank, Chamarajpet Branch. 2.8 The investigation revealed that, Shri Vangala Suryanarayana Reddy (A-4) was a sub-contractor of Shri M. Suryanarayana Reddy (A-2), Partner of M/s. Krishi Infratech (A-3) who under took execution of part work of Holalkere in Hosadurga-Chickjajur project contracts during 2013-2016 of UCC 73797. It was also revealed that, Shri Ramana Reddy (A-12) was a Sub- contractor of M/s. Krishi Infratech (A-3) in the Holalkere-Chickjajur stretch of work during 2013- 2016. 2.9 The investigation revealed that, subsequent to the payment of bills in the above works based on the test checks conducted by Shri Ghanashyam Pradhan (A- 1), as a part of the conspiracy, M/s. Krishi Infratech - 10 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 (A-3) through its Partners, sub-contractors, employees paid illegal gratification to the various accounts of Shri Ghanashyam Pradhan (A-1), his relatives and other connected bank accounts. 2.10 The investigation revealed transfer of funds from the accounts of M/s Krishi Infratech (A-3) to the accounts of M/s RIDA Infra Pvt Ltd. The investigation revealed that Shri Ghanashyam Pradhan (A-1) purchased two vacant sites in Bhuvaneswar from M/s RIDA Infra Pvt. Ltd., Bhuvaneswar and thereafter construction of duplexes were made in the said vacant sites after making an agreement of construction with the same company/developer. In the construction agreement, the value of the proposed construction was Rs.70,00,000/- and Rs.65,00,000/- in the sites of Miss. Jigma Gangothri and Miss. Sigma Satapti respectively. It is revealed that, M/s. Balunkeswar Properties are the property developers of the private building by M/s. RIDA infra and where from them duplex flat was purchased. 2.11 The related CC Bill payments have been identified during the course of investigation. The investigation has revealed the fund trail from the railways to the contractor M/s. Krishi Infratech (A-3) and Shri.M.Suryanarayana Reddy (A-2) and further to the sub-contractor and thereafter, payment of undue advantage to the accounts of A-1 and his relatives and other related parties as detailed below: - 11 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 2.11.1 FROM M/s. KRISHI INFRATECH (A-3) AND SHRI M.SURYANARAYANA REDDY(A-2) TO A-1 AND HIS FAMILY MEMBERS/RELATED PARTIES Sl No. Date Amount Related CC Bill payment From To Shri G.S.Pradhan (A-1) Family Members / Related Parties Transaction Details 1 17.08.11 10,00,000 Bank guarantee of Andra Bank issued in the name of A-2 obtained by mortgage of property by A- 1. Andhra Bank A/c of Krishi Infratech account No. 9331100000353 maintained by Shri.M. Suryanarayana Reddy Shri. G.S Pradhan & Miss. Sigma Satapi SBI, Vijayanagar Branch, Mysore A/c 54003465054 2 12.02.14 2,00,000 UCC 73734 CC Bill 1 dated 29.01.14. Andhra Bank A/c of Krishi Infratech account No. 9331100000353 maintained by Shri.M. Suryanarayana Reddy Ms.Sneha Prava & Ms. Sangeetha Ms.Sneha Prava & Ms. Sangeetha SBI Vishweshwar Nagar A/c No. 54010695136 3 22.09.14 7,00,000 UCC 73708 CC 8 dated 04.08.2014 Andhra Bank A/c of Krishi Infratech account No. 9331100000353 maintained by Shri.M. Suryanarayana Reddy Ms.Sneha Prava & Ms. Sangeetha Ms.Sneha Prava & Ms. Sangeetha SBI Vishweshwar Nagar A/c No. 54010695136 4 17.10.15 1,80,000 UCC 73708 CC 8 dated 29.10.2014 Shri. M.Suryanarayana Reddy, SBI A/c 35016513074 Shri. G.S Pradhan Shri. G.S.Pradhan S Yadavagiri Branch, Mysore A/c No. 64026930815 5 28.10.16 14,85,000 CC 21 dated 19.07.16 of UCC 73708 Rs. 4,18,35,113/- of UCC 74125 Andhra Bank A/c of Krishi Infratech account No. 9331100000353 maintained by Shri.M. Suryanarayana Reddy Ms.Sneha Prava & Ms. Sangeetha Ms.Sneha Prava & Ms. Sangeetha SBI Vishweshwar Nagar A/c No. 54010695136 - 12 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 6 09.01.17 1,48,500 UCC 74115 CC 6 dated 29.12.16 Andhra Bank A/c of Krishi Infratech account No. 9331100000353 maintained by Shri.M. Suryanarayana Reddy Rida Infratech Transferred to UBI A/c No. 450501010035465 7 13.02.17 9,80,000 UCC 74115 CC 7 dated 31.01.17 Andhra Bank A/c of Krishi Infratech account No. 9331100000353 maintained by Shri.M. Suryanarayana Reddy Rida Infratech Transferred to UBI A/c No. 450501010035465 8 27.03.17 9,80,000 UCC 74115 CC 8 bill dated 28.02.17 Andhra Bank A/c of Krishi Infratech Account No. 9311100002892 Rida Infratech Transferred to UBI A/c No. 450501010035465 9 15.04.17 9,80,000 UCC 74115 CC 9 bill dated 30.03.17 Andhra Bank A/c of Krishi Infratech account No. 9331100000353 maintained by Shri.M. Suryanarayana Reddy Rida Infratech Transferred to UBI A/c No. 450501010035465 10 29.01.18 25,000 UCC 74115 CC 16 bill dated 09.01.18 Andhra Bank A/c of Krishi Infratech account No. 9331100000353 maintained by Shri.M. Suryanarayana Reddy Shri. G.S Pradhan & Miss Sigma Satapi Miss Sigma Satapi, SBI Vishweshwar Nagar A/c 54061465895 Total: 66,78,500 2.11.2 FROM SHRI M.RAMANA REDDY (A-12), SUB- CONTRACTOR OF M/S KRISHI INFRATECH / SHRI M.SURYANARAYANA REDDY TO A-1 AND HIS FAMILY MEMBERS Sl No. Date Amount Related CC Bill From To Shri G.S.Pradhan (A-1) & Family Members Transaction Details - 13 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 1 28.12.15 5,00,000 UCC 73708 CC 17 dated 11.11.15. HDFC Bank A/c No. 22751530007210 of Badvel Branch of Sri. M.Ramana Reddy Shri. G.S.Pradhan Shri. G.S. Pradhan Canara Bank, Industrial Suburb Branch, Belagula A/c 0461101011710 of Shri. Ghana Shyam Pradhan 2 22.03.16 2,50,000 -do- HDFC Bank A/c No. 22751530007210 of Sri. M.Ramana Reddy Shri. G.S Pradhan & Miss Sigma Satapi Miss Sigma Satapi, SBI Vishweshwar Nagar A/c 54061465895 3 27.05.16 50,000 CC 20 bill dated 28.03.16 HDFC Bank A/c No. 22751530007210 of Sri. M.Ramana Reddy Balunkeshwar Developers of Duplex house of Miss Sigma Satapi, d/o Shri. G.S. Pradhan Balunkeshwar NEFT to SBI Balunkeswar properties A/c No. 32670392698. Total: 8,00,000 2.11.3 FROM SHRI RAJA REDDY (A-11), ACCOUNTANT / EMPLOYER OF M/S KRISHI INFRATECH SHRI M.SURYANARAYANA REDDY TO A- 1 AND HIS FAMILY MEMBERS Sl No. Date Amount Related CC Bill From To Shri G.S.Pradhan (A-1) Family Members Transaction Details 1 23.03.2016 10,00,000 UCC 73734 CC 3 to CC 16 dated 19.02.16 Raja Reddy account No. 009310100012 80 of Andhra Bank Chamarajpet Branch Miss. Sigma Satapi Miss. Sigma Satapi account No. 54061465895 of SBI/Yadavagiri/ Mysuru branch. 2 13.05.2016 5,00,000 UCC 73734 FC 17 dated 21.04.16 Mr. Raja Reddy Account. Miss. Sigma Satapi Miss. Sigma Satapi D/o Shri.G.S Pradhan account No. 54061465895 of SBI/Yadavagiri/ Mysuru branch. 3 25.07.2016 10,00,000 UCC 74115 CC-1 dated Raja Reddy account No. Miss. Sigma Miss. Sigma Satapi D/o - 14 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 27.6.2016 009310100012 80 of Andhra Bank Chamarajpet Branch Satapi Shri.G.S Pradhan account No. 54061465895 of SBI/Yadavagiri/ Mysuru branch. 4 07.09.2016 9,90,000 UCC 74115 CC 23 dated 24.08.16 Mr. Raja Reddy Account No. 9310100041280 Miss. Sigma Satapi Miss. Sigma Satapi D/o Shri.G.S Pradhan account No. 54061465895 of SBI/Yadavagiri/ Mysuru branch. Total: 34,90,000 2.11.4 FROM SHRI VANGALA SURYANARAYANA REDDY (A-4). SUB- CONTRACTOR OF M/S KRISHI INFRATECH / SHRI M.SURYANARAYANA REDDY TO A-1 AND HIS FAMILY MEMBERS Sl No. Date Amount Related CC Bill From To Shri G.S.Pradhan (A-1) Family Members Transaction Details 1 20.06.14 50,000 UCC 73797 CC 1 bill dt 19.06.14 Shri. Vangela Suryanarayana Reddy, A/c No. 0453201000287 Canara Bank, Holalkere Branch Miss Sigma Satapi Miss. Sigma Satapi loan A/c No. 5134863813 of City Bank, Bangalore through CH No. 678410 2 14.07.14 2,00,000 UCC 73797 CC 1 Bill dtd 19.06.14 Shri. Vangela Suryanarayana Reddy, A/c No. 0453201000287 Canara Bank, Holalkere Branch through cheque No.678422 Smt. Sermista SBI account No. 64042423140 (D- 259) of Smt. Sermista Pradhan W/o Shri. G.S.Pradhan. 3 13.09.14 2,00,000 UCC 73797 CC 2 bill dated 25.08.14 Shri. Vangela Suryanarayana Reddy, A/c No. 0453201000287 Canara Bank, Holalkere Branch Miss. Jigma Gangothri & Shri. Pradhan Shri.G.S.Pradhan SBI, Yadavagiri Branch, Mysore a/c No. 64021930616 4 28.10.14 2,500 UCC 73797 CC 2 bill dated 25.08.14 Shri. Vangela Suryanarayana Reddy, A/c No. 0453201000287 Canara Bank, Holalkere Branch Miss. Jigma Gangothri & Shri. Pradhan Miss. Jigma Gangothri & Pradhan a/c No. 64021930616 through ch No. 678490 - 15 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 6 24.12.14 2,00,000 UCC 73797 CC 3 bill dated 09.02.14 Shri. Vangela Suryanarayana Reddy, A/c No. 0453201000287 Canara Bank, Holalkere Branch Smt. Sneha Prava & Smt. Sangeetha Smt. Sneha Prava Pattanaik a/c No. 54010695136 8 02.03.15 1,00,000 UCC 73797 CC 4 bill dated 16.02.14 Shri. Vangela Suryanarayana Reddy, A/c No. 0453201000287 Canara Bank, Holalkere Branch Smt. Sermista Smt. Sermistra Pradhan A/c No. 640402423410 (D- 259), State Bank of India, kaveri Extension, Kumbarkoppal, Metagally Post, Mysuru through ch No. 578930 10 04.04.15 4,00,000 UCC 73797 CC 5 bill dated 18.3.15 Shri. Vangela Suryanarayana Reddy, A/c No. 0453201000287 Canara Bank, Holalkere Branch Shri. G.S Pradhan Shri. G.S.Pradhan SBI, Yadavagiri Branch, Mysore a/c No.64026930815 through ch No. 578980 12 05.09.15 3,00,000 UCC 73797 CC 7 bill dated 10.08.15 Shri. Vangela Suryanarayana Reddy, A/c No. 0453201000287 Canara Bank, Holalkere Branch Shri. G.S Pradhan Shri. G.S.Pradhan SBI, Yadavagiri Branch, Mysore a/c No.64026930815 13 23.12.15 1,00,000 UCC 73797 CC 9 bill dated 17.11.15 Shri. Vangela Suryanarayana Reddy, A/c No. 0453201000287 Canara Bank, Holalkere Branch Shri. G.S Pradhan Shri. G.S.Pradhan SBI, Yadavagiri Branch, Mysore a/c No.64026930815 (D-142 MR No.390/2022/4) page through ch No. 751401 15 29.12.15 1,00,000 UCC 73797 CC 9 bill dated 17.11.15 Shri. Vangela Suryanarayana Reddy, A/c No. 0453201000287 Canara Bank, Holalkere Branch Smt. Sermista Smt. Sermistra Pradhan A/c No. 640402423410 (D- 259), State Bank of India, kaveri Extension, Kumbarkoppal, Metagally Post, Mysuru through ch No. 751403 18 05.10.16 1,50,000 UCC 73797 FCC 10 bill dated 26.09.16 From Sri Vangala Suryanarayana Reddy account of Karur Vysya Bank No. 1435155000036563 Shri. G.S.Pradhan & Miss Sigma Satapi To SBI account No. 54061465895 (D- 178, MR No. 443/2022/02) of Miss. Sigma Satapi through ch No. 000110 Total 18,02,500 - 16 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 2.12 The investigation revealed that, Shri Ghanashyam Pradhan (A-1), received illegal gratification to the tune o Rs.66,78,500/- from Shri.M.Suryanarayan Reddy (A-2) & M/s. Krishi Infratech (A-3) through bank account payments to the accounts connected to him and his family members. Further, they received an amount of Rs.34,90,000/- from Shri.Raja Reddy (A- 11) through his bank account. An amount of Rs.8,00,000/- was received from Sri.Ramana Reddy (A-12). Further, an amount of Rs.18,02,500/- was received from Sri.Vangala Suryanarayana Reddy (A-4) through his bank account. 3.0 The investigation revealed that, Shri N. Kumar (A- 5) is an independent railway contractor in his own name. He was also the main partner in M/s. Krishi Infratech (A-3) with 50% share. M/s. Krishi Infratech (A-3) was formed on 12.12.2011 with two partners Shri N. Kumar (A-5) and Shri M.Suryanarayana Reddy (A-2) having equal share of 50%. The same was reconstituted through a partnership deed on 27.01.2012 with one more partner Shri. S. Hari Nath Choudhry with 35% share, Shri N. Kumar (A-5) with 30% share and Shri M.Surya Narayana Reddy (A-2) with 35% share. M/s. Krishi Infratech (A-3) main account No. 009311100001723 in Andhra Bank, Chamarajpet branch was handled/maintained by him. 3.1 The investigation revealed that, M/s. Krishi Infratech (A-3) was awarded with four UCC 73708, 73734, 73797 & 74115 tenders and in two UCCs, 73708, 73734 the credentials of Shri S. Harinath Choudhary was considered for the award of contract. During investigation, third Partner Shri Harinath - 17 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 Choudhary was examined. It is revealed that, without his knowledge and consent, Shri. N. Kumar (A-5) had fraudulently removed Shri Harinath Choudhary from the partnership using his forged signature and cheated the Railways Department. Shri Harinath Choudhary has denied his signature in the reconstituted partnership deed dated 06.01.2014 whereby Shri N. Kumar (A-5) and Shri M. Suryanarayana Reddy (A-2) became partners with equal share. However, the change of partnership through the reconstituted partnership deed dated 06.01.2014 was not intimated to the Railways. The same is in violation of clause 3.10 of tender. It is pertinent to mention that the credentials of Shri Harinath Choudhary was used to get these works awarded. Further, M/s. Krishi Infratech (A-3) also participated in the tender notice CAO/CN/BNC/019/15 dated 16.11.2015 using the reconstituted partnership deed thereby cheating the Railways Department. 3.2 The investigation established that Shri.Venkatasubbaiah (A-18), former Railway employee, who is presently working with Shri N.Kumar (A-5) forged the signature of Shri Harinath Choudhary in the partnership deed dated 06-01-2014. As per 3.10 of tender clause, once the tender has been submitted, the constitution of firm shall normally not be allowed to be modified/altered/terminated during the validity of the tender as well as the currency of the contract except when modification becomes inevitable due to succession laws etc., in which case prior permission should be taken from Railway and in any case the minimum eligibility criteria should not get vitiated. 3.3 The investigation revealed that Shri N. Kumar (A- 5) was also a Partner in M/s. KPR Construction (A- - 18 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 17). Shri Katta Punna Rao (A-13)and Shri N. Kumar (A-5) were partners as per Partnership deed dated 25.02.2009 M/s KPR constructions (A-17). Shri K. Punna Rao (A-13) was the lead partner in M/s. KPR Construction(A-17). The investigation revealed that as per modified MoU dated 31.10.2015 Shri P. Katta Punna Rao (A-13) and Smt K.S. Sudha became partners of M/s. KPR Constructions (A-17) with share of 52% and 48%. Shri N.Kumar (A-5) who had share of 49% earlier was no more Partner of M/s. KPR Constructions (A-17) from modified MOU dated 31.10.2015. From the date of 31.10.2015 Shri N. Kumar (A-5)was not authorised to sign on behalf of KPR Constructions (A-17) once he quit from M/s. KPR Constructions (A-17) as a partner. However, during investigation, it was revealed that Shri N. Kumar (A- 5) continued to sign bills/MB's and the correspondence letters with Railway after 31.10.2015 thereby cheating the Railways by representing himself as the authorized signatory of M/s. KPR Constructions(A-17) and Partner. 3.4 The investigation further revealed that Shri N.Kumar (A-5), had used the forged signature of his partner Shri Katta Punna Rao (A-13) in KPR constructions (A- 17) and entered into JV with Shri P. Venugopal Reddy (A-6) Without the knowledge of Shri Katta Punna Rao (A-13) and fraudulently secured the work of UCC 73732, from Railways by mis- representation and cheating using forged documents. The signature of Shri Katta Punna Rao (A-13) found in the Letter of Consent dated 08.07.2013 and Power of Attorney dated 03.07.2013 submitted to the Railways at the time of award of the contract UCC732 is forged. 3.5 The investigation revealed that, a 3 BHK apartment was purchased by A-1 in the name of Kum. Jigma Gangothri, flat No. 113 ground floor B Block, Samaya Sonata apartments for a value of - 19 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 Rs.48,00,000/-. The sale consideration for the said property was Rs.48 lakhs as per the sale deed. 3.6 The investigation revealed that, Shri N. Kumar (A- 5) was the designated signing authority in Samaya Structurals, a civil construction company which constructed residential flats in the name of Samaya Sonata Apartments. Out of Rs.48,00,000/- fixed for the flat cheque No. 333406 dated 16.05.2019 of Rs.24 lakhs debit payment is not reflected in the statement of A/c No.5406146895 though the cheque belonged to this account. 3.7 The investigation revealed that in pursuance of the conspiracy, Shri N. Kumar (A-5) registered the said property in the name of Kum. Jigma Gangothri, D/o Shri G.S. Pradhan (A-1) without due consideration as an undue advantage and reward as he was supervising the railway contract works of Shri N. Kumar (A-5), Managing Partner of M/s. Krishi Infratech(A-3). Further, he transferred the amounts of Rs.8,82,000/- from Andhra Bank Chamarajpet A/c no.0093111000001811 of Samaya Structures operated by Shri N. Kumar (A-5)to UBI A/c No. 450501010035465 M/s. RIDA Infra, for the property purchased by daughters of Shri G.S.Pradhan (A-1). 4.0 The investigation revealed that, Shri Ponnavala Venugopal Reddy (A-6)is a railway contractor on his own and also a partner of KPR-Venu (JV). He had joined with A-5 without the knowledge of Shri Katta Punna Rao (A-13), lead partner of KPR construction (A-3)by colluding with Shri N. Kumar(A-5). They formed a JV agreement and grabbed the contract of UCC 73732 by misrepresenting and cheating the Railway Department. They opened JV bank account at Holalkere branch in the name of M/s. KPR-Venu (JV) without the knowledge of Shri Katta Punna Rao (A- - 20 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 13) and A-5 took power to sign the cheques and maintain this account. 4.1 The investigation revealed that, Shri Ponnavala Venugopal Reddy (A-6) transferred bribe amount to the accounts of public servant and his family members amounting to Rs.25,73,030/- as detailed below: 4.1.1 FROM SHRI VENUGOPAL REDDY (A-6), RAILWAY CONTRACTOR OF KPR-VENU JV TO A-1 AND HIS FAMILY MEMBERS Sl No. Date Amount Related CC Bill From To Shri G.S.Pradhan (A-1) Family Members Transaction Details 1 22-07-14 5,00,000 Venugopal Reddy From Venugopal Reddy 0064133052430 - SBI,Holalkere Branch through ch No.654297 Ms. SnehaPrava & Ms.Sangeetha Ms. Sneha Prava Patnayak & Miss Sangeetha Patnayak Bank A/c No. 54010695136 SBI, Vishweshwar Nagar,Mysore. 2 15-11-14 2,50,000 Venugopal Reddy from KPR Venu JV Venugopal Reddy a/c 0064130890893 -SBI, Holalkere Branch through ch No. 119254 Ms.Sneha Prava & Ms.Sangeetha Ms Sneha Prabha Pattanayak & Miss Sangeetha Pattanayak A/c No. 54010695136 3 01-01-15 1,50,000 Venugopal Reddy from the SBI account No.64130890893 of Shri P. Venugopal Reddy through ch No.836956 Ms.SnehaPrava &Ms.Sangeetha SBI Visheshwar Nagar A/c.54010695136 of Smt. Sneha Prava Patnaik 4 07-04-15 3,25,000 Venugopal Reddy frorn KPR Venu JV Venugopal Reddy a/c 0064130890893 -SBI, Holalkere Branch Ms.Sneha Prava & Ms.Sangeetha Smt. Snehaprabha Pattanayak a/c 54010695136. The SBI account No.64130890893 through ch no. 837006 5 17-10-15 4,00,030 Venugopal Reddy SBI of Holalkere branch A/c.0000006413089089 3 of KPR-Venu (JV) Shri G S Pradhan & Ms.Sudha Prava cheque No.022387 of M/s. KPR-Venu (JV)signed by Shri P. Venugopal Reddy issued to Shri G.S.Pradhan - 21 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 credited to SBI/Visweswarnagar branch joint account of Sudha Prava Pradhan/Ghanashya m Pradhan No.54010696923 amount vide cheque No.022387 dated 17.10.2015 of M/s. KPR-Venu (JV) 9 30-01-16 2,00,000 Venugopal Reddy Andhra Bank, Chamarajpet A/c of Venugopal Reddy Shri G.S.Pradhan Shri G.S.Pradhan SBI account No.64026930815 11 08-11-16 1,00,000 Venugopal Reddy Andhra Bank, Chamarajpet A/c of Venugopal Shri G S Pradhan & Miss.Sigma Satapti Miss Sigma Satapti D/o Shri G.S. Pradhan SBI/Yadavagiri account No.54061465895 14 02-03-17 1,98,000 Venugopal Reddy Venugopal Reddy A/c no. 50200022460631 of HDFC/Badvel Shri G.S.Pradhan & Miss.Sigma Satapti Miss Sigma Satapti D/o Shri G.S.Pradhan SBI/Yadavagiri account No.54061465895 17 10-05-17 25,000 Venugopal Reddy Venugopal Reddy A/c no. 50200022460631 of HDFC/Badvel Shri G.S.Pradhan Received from HDFC Bank, Badvel of Venugopal Reddy 22 04-08-18 25,000 Venugopal Reddy From Venu Gopala Reddy NETT, HDFC Bank 50200022908846 Ms.Sneha Prava & Ms.Sangeetha SBI account No.54010695136 of Smt. Sneha Prava Pattanayak &Miss Sangeetha Pattanayak sister in law and her daughter of Shri Ghanshyam Pradhan. 31 31-05-19 4,00,000 Venugopal Reddy From Venu Gopala Reddy NEFT, HDFC Bank 50200022908846 Ms.Sneha Prava & Ms.Sangeeth a SBI account No. 54010695136 of Ms. Sneha Prava Pattanayak & Miss Sangeetha Patnayak. Total 25,73,030 - 22 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 5.0 The investigation revealed that, Shri N. Ramakrishna (A-7)was proprietor of NRK constructions and JV was formed with Shri P.Venku Reddy as M/s. NRK-PVR (JV)(A-15).The work of UCC 74229 was awarded to the JV. Shri P.Venku Reddy one of the partner has expired. 5.1 Investigation revealed that Railway Vigilance Department conducted a surprise check on the works executed in UCC 74229 and during their surprise check it was found that huge payments are done without execution of tie work and based on the report of the Vigilance Department of Railways, it was instructed for recovery of excess payment for the works not done. Accordingly in CC10 bill dated 09.8.2019 for Rs. 2,65,26,792 after statutory deductions an amount of Rs.1,29,73,484/- and including recovery amount of Rs. 1,12,24,552.77 debited from contractor's bill on 17.8.2019. For this reason of proceedings, Shri. Ghanshyam Pradhan (A-1)was transferred on 18.2.2019 from the project work to headquarters, which was considered to be a non-sensitive post of XEN/Genl vide order No.P(CN)675/I/Gaz/Pt/PC dt.18.02.2019 and relieved on 05.03.2019. 5.2 The investigation revealed that from NRK-PVR (JV)(A-15) account, Shri N.Ramakrishna (A-7)and Shri Sudhir Reddy (A-8),S/o Late Shri P.Venku Reddy transferred huge amounts as undue advantage to Shri G.S. Pradhan and his family members accounts as per the details furnished below: 5.2.1 FROM SHRI N. RAMAKRISHNA (A-7), RAILWAY CONTRACTOR, MANAGING PARTNER OF NRK-PVR JV AND TO A-1, HIS FAMILY MEMBERS, BALUNKESHWAR PROPERTIES AND RIDA INFRA LTD. - 23 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 Sl No. Date Amount CC Bill payments From (NRK & PVR(JV)) To Shri G.S.Pradhan (A-1) & Family Members Transaction Details 1 9-1-18 15,00,000 CC No.1 dated 26.12.17 Corporation Bank account No.510101004548298 Rida Infratech transferred to UBl A/c No. 450501010035465 2 2-2-18 1,20,000 CC No.1 dated 26.12.17 Corporation Bank account No.510101004548298 Ms. Sneha Prava & Ms. Sangeetha Ms Sneha Prava. Pattanayak & Miss Sangeetha Patnayak SBI Vishweshwar Nagar, Mysore branch account No. 54010695136 3 04-04- 18 2,50,000 CC No.3 dated 26.03.18 from Corporation Bank account No. 510101004548298 through Ch.No. 89001 Ms.SnehaPrava & Ms.Sangeetha Ms Sneha Prava Pattanayak & Miss Sangeetha Patnayak SB] Vishweshwar Nagar, Mysore branch account No. 54010695136 4 30-08- 18 15,00,000 CC No.4 dated 21.08.18 Corporation Bank account No.510101004548298 Rida Infratech transferred to UBI A/c No. 450501010035465 5 07-09- 18 1,80,000 CC No.5 dated 12.11.18 Corporation Bank account No.510101004548298 Ms Sneha Prava & Ms. Sangeetha Ms Sneha Prava Pattanayak & Miss Sangeetha Patnayak SBI Vishweshwar Nagar,Mysore branch account No.54010695136 through ch no.149978 Total 35,50,000 5.2.2 FROM SHRI VENUKA REDDY SUDHIR REDDY (A-8), RAILWAY CONTRACTOR, MANAGING - 24 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 PARTNER OF NRK-PVR JV AND TO A-1, HIS FAMILY MEMBERS Sl No. Date Amount CC Bill payments From (NRK & PVR(JV)) To Shri G.S.Pradhan (A-1) & Family Members Transaction Details 1. 22- 05-18 1,20,000 SSC and Sudhir JV SSC and Sudhir J Axis Bank, Ms.Sneha Prava and Ms.Sangeetha Ms. Sneha Prava Pattanayak and Miss Sangeetha Patnayak SBI Vishweshwar Nagar, Mysore branch account No.54010695136 Total 1,20,000 6.0 The investigation revealed that, Shri K Punna Rao (A -13) is the Lead Partner of M/s. KPR Constructions (A-17) and had executed Hosadurga-Chickjajur project contracts during 2013-2016 and was awarded the word UCC 74130. The Investigation revealed that, Shri K Punna Rao (A-13) transferred the following payments from his account to the accounts of the family members and of the related real estate concerns of A-1. 6.1 FROM SHRI KATTA PUNNA RAO (A-13), RAILWAY CONSTRACTOR, MANAGING DIRECTOR OF KPR CONSTRUCTIONS (A-17) AND TO A-1, HIS FAMILY MEMBERS, BALUNKESHWAR PROPERTIES AND RIDA INFRA LTD., Sl No. Date Amount CC Bill payments From (NRK & PVR(JV)) To Shri G.S.Pradhan (A-1) & Family Members Transaction Details 1 04-04- 17 10,00,000 CC 7 dt 28.02.17 From Andhra Bank (now union Bank) Account of KPR construction No: 021411011001010 Rida Infratech Transferred to UBI Acc No. 45050101003546 - 25 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 2. 01-07- 17 10,00,000 CC 10 dt 19.06.17 From Andhra Bank account No.021411011001010 of Andhra Bank, Hubli-Dharwad maintained by Shri Kattapunna Rao Balukeshwar SBI ….. A/c …. No. 326703992698 builders Balukeshwar properties, Bhubaneswar 3. 10-11- 17 7,00,000 CC 13 dt 02.11.17 From M/s KPR Construction Union Bank Account No.021411011001010 Ms.Sneha Prava & Ms. Sangeetha SBI account No.54010695136 231 MR No. (451/2022/03) of Sneha Prava Patnay & Miss Sangeetha Pattanayak sister in law and her daughter of Shri Ghanshyam Pradhan 4 24- 01-18 5,00,000 CC 14 dt 29.12.17 From M/s KPR Construction Union Bank Account No: 021411011001010 Ms.Sneha Prava & Ms.Sangeetha Transferred through NEFT to SBI account No.54010695136 (D- 231, MR No.451/2022/03) of Ms Sneha Prava& Ms.Sangeetha Pattanayak sister in law and her daughter of Shri Ghanshyam Pradhan 5 03- 03-18 5,00,000 From Andhra Bank (Now Union Bank) account of KPR construction No:021411011001010 Rida Infratech Transferred to UBI A/c No.450501010035465 of builders RIDA Infra Pvt. Ltd. 6 18- 08-18 5,00,000 CC 19 dt 01.08.18 From Andhra Bank A/c of account No.021431100000636 in the name of M/s KPR Constructions Rida Infratech Transferred to UBI A/c No.450501010035465 7 21- 08-18 40,000 CC 19 dt 01.08.18 From Andhra Bank account No.021411011001010 of Andhra Bank Hubli- Dharwad maintained by Shri Kattapunna Rao Ms.Sneha Prava & Ms.Sangeetha SBI account No.54010695136 (D- 231, MR No.451/2022/03) of Ms Sneha Prava& Ms.Sangeetha Pattanayak sister in law and her daughter of Shri Ghanshyam Pradhan - 26 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 8 16- 02-19 2,35,000 CC 22 dt 05.12.18 From M/s KPR Construction Andhra Bank account No.009331100000238 (D-172, W) in the name of M/s KPR constructions of Union Bank of India Chamrajpet Branch, Bangalore Ms.Sneha Prava & Ms.Sangeetha BI account No.54010695136 (D- 231, MR No.451/2022/03) of Smt. Sneha Prava& Smt.Sangeetha Pattanayak sister in law and her daughter of Shri Ghanshyam Pradhan 9 08- 04-19 5,00,000 CC 25 dt.29.03.2019 From Andhra Bank A/c of account No.021431100000636 in the name of M/s KPR Constructions Rida Infratech UBI A/c No.450501010035465 (D-87, MR No.313/2022/1, P-15, W-18) from Andhra Bank A/c of account No.021431100000636 in the name of M/s KPR Constructions 10 18- 10-19 5,00,000 CC 26 dt. 05.07.19 From M/s KPR Construction Andhra Bank account No.009331100000238 in the name of M/s KPR constructions of Union Bank of India, Chamrajpet Branch, Bangalore Ms.Sneha Prava & Ms.Sangeetha SBI account No.54010695136 of Smt.Sneha Prava Pattanayak & Miss Sangeetha Pattanayak sister in law and her daughter of Shri Ghanshyam Pradhan Total 54,75,000 7.0 The Investigation revealed that, Shri Katturi Srinivas (A-14) was a partner in Sahasra Enterprises (A-16) in which Shri K Punna Rao (A- 13) was the Lead partner and the firm had executed one of the Hosadurga-Chickjajur project contract work of UCC 74024. The investigation revealed that, on 11-01-2016, Shri Katturi Srinivas (A-14) transferred an undue advantage of Rs.4,00,000/- from the account of M/s Sahasra Enterprised (A-16) which was maintained in Andhra Bank, Hubli-Dharwad Branch OD Account No.021431100000247 to the account of Shri G.S - 27 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 Pradhan (A-1) Acc No.64026930815 of SBI Yadagiri Branch. 8.0 The investigation has revealed that, A-1 and his family members have received illegal gratification from various contractors through bank accounts. The bank account statements, account opening form, debit instruments collected clearly reflect the above transactions. The same can be summarised as under: 8.1 ACCUSED RAILWAY CONTRACTOR WISE BREAK-UP: Sl. No. Contractor Name S/Shri Illegal Gratification/undue advantage paid 1 Kattapunna Rao (A-13) 5475000 2 M Ramana Reddy (A-12) 800000 3 M Suryanarayana Reddy (A-2) 6678500 4 NRK & PVR (JV) (A-15) 3550000 5 Raja Reddy (A-11) 3490000 6 Sahasra Enterprises(A-14) 400000 7 Samaya Structures - N Kumar (A-5) 882000 8 SSC and Sudhir JV (A-8) 120000 9 Vangala Suryanarayana Reddy (A-4) 1802500 10 Venugopal Reddy (A-6) 2573030 Total amount received by A1 and his family members 25771030 8.2 The account-wise receipt of illegal gratification can be summarized as under: Sl. No. Receipts of Illegal Gratification in the A/C Sum of Amount 1 Balunkeshwar properties account 1050000 - 28 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 held at SBI Bubaneshwar A/c No.32670392698 2 Shri G.S Pradhan(A-1) & Miss Jigma Gangotri, D/o A-1 account held at SBI, Yadavagiri Branch, Mysore A/c No.64091930616 202500 3 Shri G.S Pradhan(A-1) account held at SBI, Yadavagiri Branch, Mysore A/c No.64086930815 and at Canara Bank, Industrial Suburb Branch, Belagula A/c 0461101011710 2105000 4 Shri. G.S.Pradhan (A-1) & Miss. Sigma Satapi, d/o A-1 joint account held at SBI, Vijayanagar Branch, Mysore A/c 54003465054. 5213000 5 Shri. G.S.Pradhan (A-1) & Sudha Prava Pradhan (A-9) - joint account held at SBI/ Visweswarnagar branch joint account No.54010696923 400030 6 Rida Infratech, Bhubaneswar - account held at UBI Bhubaneswar A/c No. 450501010035465. 9470500 7 Smt. Sermista Pradhan (A-10) W/o Shri.G.S Pradhan (A-1) - SBI Account No.64042423410- SBI Kaveri Extension Branch, Kumbarkoppal, Metagally Post, Mysuru. 400000 8 Miss Sigma Satapi d/o A-1 - Loan A/c No. 5134863813 of City Bank, Bangalore. 50000 9 Smt. Sneha Prava Pattanayak & Smt. Sangeetha - Account No. 54010695136 at SBI, Mysore 6880000 GRANT TOTAL 25771030 9.0 The investigation has clearly established that, Shri.Ghanashyam Pradhan (A-1) being the public servant - 29 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 was supervising the works undertaken by these accused contractors in the said period and he entered into a conspiracy with these contractors to receive illegal gratification / undue advantage from these contractors as a motive and reward in exercise of his official functions as XEN/CN/JRU from 15.11.2013 to 13.3.2016 and XEN/CN/HVR from 14.3.2016 to 05.3.2019. In pursuance of the conspiracy he abused his official position as a public servant and obtained for himself pecuniary advantage in the form of illegal gratification from these contractors. These payments were found to be co-related to the CC bills paid by the Department to the Railways. A-1 had done 100% test check in the Measurement Books of these works Thus, it is clear that the accused public servant was receiving these amounts as reward for the certification and payment of the bills. He was the Supervisory Officer of these works. 10.0 Investigation established that the railway department had awarded different contracts viz. UCC 73734, UCC 73708, UCC 74115, UCC 73797, UCC 73732, UCC 74229, UCC 74130, UCC 74187 and UCC 74024 to the contractors who are accused No.2,3,5,6,7,8,13,14,15,16 & 17 as mentioned in the previous paras; A-4 & A-12 were sub- contractors of A-2. Out of the said contract works, many bills were raised by these contractors. The bill amount raised in the different bills were credited to the accounts of Krishi Infratech (A-3), KPR-Venn JV, KPR Constructions (A- 17), NRK-PVR JV (A-15) and Sahasra Enterprises (A-16). These accused contractors and their sub-contractors/ employees as a part of the conspiracy with A-1 transferred undue advantage to the accounts of A-1, A-9, A-10 and his family members. Therefore, in total A-1 received an amount of Rs.2,57,71,030/- either directly to his account or to the account of his relatives. - 30 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 11.0 Further, A-1 being a public servant, accepted valuable thing without consideration in as much as he derived, the benefit of Rs.24,00,000/- in respect of cheque issued in favour of Samaya Structures for the purchase of the 3 BHK apartment purchased in the name of Kum. Jigma Gangothri, flat No. 113 ground floor B Block, Samaya Sonata apartments for a value of Rs.48,00,000/- The sale consideration for the said property was Rs.48 lakhs as per the sale deed. Shri N. Kumar (A-5) was the designated signing authority in Samaya Structurals, a civil construction company which constructed residential flats in the name of Samaya Sonata Apartments. Out of Rs.48,00,000/- fixed for the flat, cheque No.333406 dated 16.05.2019 of Rs.24 lakhs debit payment is not reflected in the statement of A/c No.5406146895 though the cheque belonged to this account. Though A-1 had not remitted full amount for the flat the registration was done giving undue benefit to Shri G.S. Pradhan (A-1) got benefit of Rs.24,00,000/- in respect of cheque issued in favour of M/S Samaya Structures, since they have not realised the cheque issued by (A-1). 12.0 The above said acts of A-1 amount to abuse of official position and gaining wrongfully from the contractors to whom the, railway department had allotted the government works. The A-2 to A-8 and A-11 to A-14, being the contractors have transferred illegal gratification to the A-1 through their accounts. Therefore, they also assisted the A-1 for criminal misconduct and abuse of official position by him. Further, A-18 forged the signature of Shri Harinath Choudhary in the partnership deed dated 06-01-2014 and A-5 used the same and secured the Railway Contracts by cheating the Railway Department. The investigation has thus clearly revealed offences of, criminal misconduct by Public Servant, acceptance and delivery of undue advantage, falsification of records, - 31 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 cheating and abetment causing wrongful loss to the Government of India and wrongful gain to the accused persons. 13.0 Hence, the charge-sheet is filed against the following accused for the offences as narrated below: (i) Shri Ghanashyam Pradhan (A-1) under Section 120-B of IPC r/w Sections 7, 13 (2) r/w 13(1)(a),(d) of PC Act, 1988 and Section 7, 11 of PC Act (as amended in 2018). (ii) Shri M. Suryanarayana Reddy (A-2) and M/s. Krishi Infratech (A-3) u/s.120-B r/w Section 12 of PC Act, 1988. (iii) Shri Vangala Suryanarayana Reddy (A-4), Shri Raja Reddy (A-11), Shri Ramana Reddy (A-12) u/s.120-B IPC r/w Section 12 of PC Act, 1988. (iv) Shri N. Kumar (A-5) u/s.120-B IPC r/w 420, 467 and r/w 468 of IPC and Section 12 of the PC Act, 1988 and Section 8 of PC Act (as amended in 2018). (v) Shri P. Venugopal Reddy (A-6) u/s. 120-B of IPC r/w Section 12 of PC Act, 1988 and Section 8, 10 of PC Act (as amended in 2018). (vi) Shri N. Ramakrishna (A-7) & Shri Sudheer Reddy (A-8), u/s. 120-B of IPC r/w Section 12 of PC Act, 1988 and Section 8 & 10 of PC Act (as amended in 2018). (vii) Ms. Sudha Prava Pradhan (A-9) and Ms. Sermista Pradhan (A-10) u/s. 120-B of IPC and Section 12 of PC Act, 1988 and Section 12 of PC Act (as amended in 2018). (viii) Shri K. Punna Rao (A-13) and Shri Katturi Srinivas (A-14) u/s. 120-B of IPC r/w Section 12 of PC Act, 1988 and Section 8 & 10 of PC Act (as amended in 2018). - 32 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 (ix) NRK PVR JV (A-15) u/s. 120-B of IPC r/w Section 12 of PC Act, 1988 and Section 9 of PC Act (as amended in 2018). (x) Sahasra Enterprises (A-16) u/s. 120-B of IPC r/w Section 12 of PC Act, 1988 and Section 9 of PC Act (as amended in 2018). (xi) KPR Constructions. (A-17)u/s. 120-B of IPC r/w Section 12 of PC Act, 1988 and Section 9 of PC Act (as amended in 2018). (xii) Shri Venkatasubbaiha (A-18) u/s.120-B IPC r/w, 420, 467 & 468 of IPC and other substantive offences. 14.0 It is submitted that prosecution sanction was accorded by competent authority against Shri Ghanshyam Pradhan (A-1) for the prosecution of above offences. 15.0 It is humbly prayed to permit the prosecution to file supplementary reports, list of witness statements and list of documents /material objects, if any, during the trial of this case. 16.0 It is humbly prayed that this Hon'ble Court may be pleased to take cognizance of he aforesaid offences, issue process and dispose of the case as per law and thus render justice." 11. Perusal of the charge sheet makes it amply clear that accused No.1 being a public servant is indulged in corrupt practice of demand and receipt of illegal gratification and has received the same directly as well as - 33 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 through the family members. The remaining accused for the purpose of getting contracts have paid the illegal gratification through Bank accounts and also cash in hand. 12. Admittedly, accused No.6 is the contractor and accused No.12 is the sub-contractor. 13. The allegation against accused No.6 is punishable under Section 120-B IPC, r/w Section 12 of PC Act and Sections 8 and 10 of PC act (as amended in 2018). 14. Similarly, the allegation against accused No.12 are punishable under Section 120-B IPC, r/w Section 12 of PC Act. 15. As rightly relied by the trial Court, in Neeraj Dutta Vs. State (Government of NCT of Delhi) (Neeraj Dutta)1, the following question (issue) was referred to the Full Bench of the Hon'ble Supreme Court. While answering 1 (2023) 4 SCC 731 - 34 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 the same in the affirmative, the Hon'ble Supreme Court held as under: “The issue before the five-Judge Bench was: Whether, in the absence of evidence of the complainant/direct or primary evidence of demand of illegal gratification, it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Sections 7 and 13(1)(d) read with Section 13(2) based on other evidence adduced by the prosecution? “Answering the same, in the affirmative the Hon’ble Supreme Court Held: The principles on the issue before the Court can be summarised as under: (1) Proof of demand and acceptance of illegal gratification by a public servant as a fact in issue by the prosecution is a sine qua non in order to establish the guilt of the accused public servant under Sections 7 and 13(1)(d)(i) and (ii) of the Act. (2) In order to bring home the guilt of the accused, the prosecution has to first prove the demand of illegal gratification and the subsequent acceptance as a matter of fact. This fact in issue can be proved either by direct evidence which can be in the nature of oral evidence or documentary evidence. (3) Further, the fact in issue, namely, the proof of demand and acceptance of illegal gratification can - 35 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 also be proved by circumstantial evidence in the absence of direct oral and documentary evidence. (4) In order to prove the fact in issue, namely, the demand and acceptance of illegal gratification by the public servant, the following aspects have to be borne in mind: (i) If there is an offer to pay by the bribe-giver without there being any demand from the public servant and the latter simply accepts the offer and receives the illegal gratification, it is a case of acceptance as per Section 7 of the Act. In such a case, there need not be a prior demand by the public servant. (ii) On the other hand, if the public servant makes a demand and the bribe-giver accepts the demand and tenders the demanded gratification which in turn is received by the public servant, it is a case of obtainment. In the case of obtainment, the prior demand for illegal gratification emanates from the public servant. This is an offence under Sections 13(1)(d)(i) and (ii) of the Act. (iii) In both cases of (i) and (ii) above, the offer by the bribe-giver and the demand by the public servant respectively have to be proved by the prosecution as a fact in issue. In other words, mere acceptance or receipt of an illegal gratification without anything more would not make it an offence under Section 7 or Sections 13(1)(d)(i) and (ii), respectively of the Act. Therefore, under Section 7 of the Act, in order to bring home the offence, there must be an offer which emanates from the bribe-giver which is accepted by the public servant which - 36 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 would make it an offence. Similarly, a prior demand by the public servant when accepted by the bribe-giver and in turn there is a payment made which is received by the public servant, would be an offence of obtainment under Sections 13(1)(d)(i) and (ii) of the Act. (5) The presumption of fact with regard to the demand and acceptance or obtainment of an illegal gratification may be made by a court of law by way of an inference only when the foundational facts have been proved by relevant oral and documentary evidence and not in the absence thereof. On the basis of the material on record, the court has the discretion to raise a presumption of fact while considering whether the fact of demand has been proved by the prosecution or not. Of course, a presumption of fact is subject to rebuttal by the accused and in the absence of rebuttal presumption stands. (6) In the event the complainant turns "hostile", or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or the prosecution can prove the case by circumstantial evidence. The trial does not abate nor does it result in an order of acquittal of the accused public servant. (7) Insofar as Section 7 of the Act is concerned, on the proof of the facts in issue, Section 20 mandates the court to raise a presumption that the illegal gratification was for the purpose of a motive or reward as mentioned in the said section. - 37 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 The said presumption has to be raised by the court as a legal presumption or a presumption in law. Of course, the said presumption is also subject to rebuttal. Section 20 does not apply to Sections 13(1)(d)(i) and (ii) of the Act. (8) We clarify that the presumption in law under Section 20 of the Act is distinct from presumption of fact referred to above in Principle (5), above as the former is a mandatory presumption while the latter is discretionary in nature. The Hon’ble Supreme Court further held that “There is no conflict in the three-Judge Bench decisions of the Supreme Court in B. Jayaraj, (2014) 13 SCC 55 and P. Satyanarayana Murthy, (2015) 10 SCC 152 with the three-Judge Bench decision in M. Narsinga Rao, (2001) 1 SCC 691 with regard to the nature and quality of proof necessary to sustain a conviction for the offences under Sections 7 or 13(1)(d) (i) and (ii) of the Act, when the direct evidence of the complainant or "primary evidence" of the complainant is unavailable owing to his death or any other reason. The position of law when a complainant or prosecution witness turns "hostile" is also discussed and the observations made above would accordingly apply in light of Section 154 of the Evidence Act. In view of the aforesaid discussion, there is no conflict between the judgments in the d aforesaid three cases.” 16. In the light of the above discussion, the Hon’ble Supreme Court answered the question (Issue) which was referred as under:- - 38 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 “In the absence of evidence of the complainant (direct/primary, oral/ documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act based on other evidence adduced by the prosecution.” 17. Accused No.15 is a commercial organization. Accused No.6 and 7 are its representatives. The offences alleged against accused Nos.6, 7 and 15 are punishable under Sections 120 IPC and Sections 8, 9, 10 and 12 of the PC Act. Therefore, the provisions of Sections 9 and 10 of PC Act are attracted, if the offence is committed by the commercial organization. Though the case came to be registered on 26.10.2021, the investigation revealed that the material placed on record indicate that even before the 2018 amendment, the offences have been committed and payments are being made and therefore the amending Act of 2018 is also applicable. Since accused No.1 was the public servant supervising the contract, interested person, in the absence of any other plausible explanation, it goes - 39 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 without saying that the payments made were towards legal gratification. 18. Accused Nos.2 to 8 and 11 to 17 are contractors, who have agreed and accepted the demand offer and advantage by accused No.1 and transferred illegal gratification to accused No.1 through their accounts. In all a sum of ₹8 lakhs is transferred from the account of accused No.12 to the account of accused No.1 and his family members. It is also the case of the prosecution that accused No.1 and his family members have offered their properties as security in favour of several contractors and received more than ₹2,00,00,000/-, and they have also purchased properties. At this stage except holding that these transactions are illegal and result of conspiracy between the parties to enrich themselves at the cost of public money, no other explanation is forthcoming. In the light of detailed investigation and charge sheet, there is prime facie material to proceed against all the accused persons including the petitioners. Considering all these - 40 - NC: 2025:KHC:11015 CRL.RP No. 1576 of 2024 C/W CRL.RP No. 1591 of 2024 aspects, the trial Court has rightly rejected the applications filed by the petitioners. This Court finds no perversity or illegality in the impugned orders, calling for interference. In the result, the petitions fail, and accordingly the following: ORDER 1. Both petitions filed by accused No.6 and 12 are rejected. 2. The impugned orders dated 28.10.2024 in Spl.CC.No.107/2023 on the file of XXXII Addl. City Civil and Sessions Judge and Spl. Judge for CBI and ED cases, Bengaluru (CCH-34), are confirmed. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 64