- 1 - NC: 2025:KHC:8582 CRL.P No. 277 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 277 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI NARAYANAN LETCHUMANAN, SON OF L NARAYANA, AGED ABOUT 63 YEARS, PASSPORT NO. K 1922290D, OCI CARD NO. A574987 RESIDENT OF BLOCK 207, PETIR ROAD, 05-261 SINGAPORE 670 207 (CURRNTLY REMANDED TO JUDICIAL CUSTODY) …PETITIONER (BY SRI. R. KIRAN, ADVOCATE) AND: SPECIAL INVESTIGATION TEAM (SIT) KARNATAKA LOKAYUKTA REPRESENTED BY ITS INSPECTOR …RESPONDENT (BY SRI. B.S. PRASAD, SPL. PP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO a) SET ASIDE THE ORDER DTD 06.01.2025 PASSED BY THE HONBLE XXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (CCH-24) BENGLAURU IN DISMISSING THE BAIL APPLICATION FILED BY THE PETITIONER HEREIN U/S 439 OF CR.P.C., IN SPL.C.NO.2116/2022 FILED BY THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8582 CRL.P No. 277 of 2025 RESPONDENT SPECIAL INVESTIGATION TEAM, KARNATAKA LOKAYUKTHA FOR THE OFFENCES U/S 379 OF IPC, SEC.21 AND 23 R/W 4(1-A) OF THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957, (MMDR ACT) AT ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned Special Prosecutor appearing for respondent / Special Investigation Team (SIT), Karnataka Lokayukta and perused the material on record. 2. The learned Special Prosecutor has filed statement of objections to the petition. 3. This petition seeking bail is preferred by accused No.3 in the private complaint filed by the Police Inspector, SIT, Karnataka Lokayukta, Bengaluru. 4. It is the case of the complainant that an information was received from the customs and Karwar Port Authorities that M/s. Wilson International Trading - 3 - NC: 2025:KHC:8582 CRL.P No. 277 of 2025 (India) Pvt Ltd., had purchased 24,500 Metric Tones of iron ore from M/s. Claria Marketing Services Pvt. Ltd., without any permit and exported the same to other countries. Based on the complaint filed by the Enquiry Officer, case was registered in Special Case No.2116/2022 and the learned Sessions Judge took cognizance of the offence punishable under Section 379 of IPC and Section 4(1-A) read with Section 21 and 23 of Mines and Minerals (Development and Regulations) Act, 1957 (for short ‘MMDR Act’). 5. Petitioner is said to be one of the Director of M/s. Wilson International Trading (India) Pvt Ltd. As per statement of objections, it was revealed in the preliminary enquiry that, iron ore was illegally exported by the accused persons and the enquiry officer, after the completion of enquiry filed complaint as contemplated under Section 22 of the MMDR Act. 6. It is contended by the learned Special Prosecutor that the accused including the petitioners have - 4 - NC: 2025:KHC:8582 CRL.P No. 277 of 2025 failed to provide complete information about the procurement, DMG permits and royalty paid details of the iron ore, exported by them. He contended that the petitioner has absconded for 3 years and if bail is granted, he may not regularly appear before the Court, as he is a citizen of Singapore. 7. It is not disputed by the petitioner that he was a Director of M/s. Wilson International Trading (India) Pvt Ltd. However, it is his contention that he was Director in the year, 2003, but submitted his resignation on 05.07.2007. The said resignation was also intimated to the Registrar of company, Chennai. It is the contention of the learned counsel that, from the date of resignation, petitioner has no contact with the company or its Singapore based parent company. It is submitted that the summons and the non bailable warrant issued against the petitioner was never served upon him and he was totally unaware about the criminal proceedings initiated against him before the trial Court. He was apprehended by the - 5 - NC: 2025:KHC:8582 CRL.P No. 277 of 2025 Immigration Bureau at Bengaluru International Airport. Thereafter, he was produced before the Court and remanded to judicial custody. It is also submitted by the learned counsel that this Court in Criminal Petition No.1150/2025 has stayed all further proceedings initiated against the petitioner. 8. It is the further contention of the learned counsel that the maximum punishment prescribed for the alleged offence as on the date of commission of the offence is 3 years and this Court has granted interim bail and on his enlargement, petitioner has complied the conditions imposed. 9. The respondent / SIT has filed a private complaint alleging that M/s. Wilson International Trading (India) Pvt Ltd., had illegally exported 24,500 Metric Tones of iron ore having purchased the same from M/s Claria Marketing Services Pvt. Ltd., without any permit, resulting in loss of Rs.3,02,62,713.6/- to the State Exchequer. - 6 - NC: 2025:KHC:8582 CRL.P No. 277 of 2025 10. According to the learned counsel for petitioner, he resigned from the company on 17.07.2007 and since then he has no contact with the company/accused No.1 or its Singapore based parent company. The copy of the resignation letter and copy of the closer letter are produced in the petition as Annexures.F and F1. The Court attention is also drawn to Annexure.H wherein, the investigation officer has submitted his report under Section 173(5) of Cr.P.C stating that there is no role played by the petitioner in the alleged offence. 11. Considering the facts and circumstances of the case and also the quantum of punishment prescribed for the alleged offence, this Court vide order dated 16.01.2025 granted interim bail to the petitioner by imposing conditions. Petitioner has complied with the conditions. Further, vide order dated 05.02.2025 petitioner has undertaken to appear before the trial Court whenever the need arises and he is also permitted to file exemption application before the trial Court. - 7 - NC: 2025:KHC:8582 CRL.P No. 277 of 2025 12. Learned counsel for the petitioner has furnished a copy of the interim order passed by this Court in Criminal Petition No.1150/2025, staying the further proceedings in Spl.C.No.2116/2022 pending on the file of the Court of XXIII Additional City Civil and Sessions Judge and Special Judge for Prevention of Corruption Act, Bengaluru, (CCH-24). 13. For forgoing reasons, petition is allowed. 14. The interim bail granted by this Court on 16.01.2025 modified on 05.02.2025 is made absolute. Sd/- (MOHAMMAD NAWAZ) JUDGE AMM List No.: 1 Sl No.: 30