BA No.543/2024
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Order
MHCC020104742024
IN THE SPECIAL COURT FOR CBI AT GREATER BOMBAY
BAIL APPLICATION NO.543 OF 2024
IN
REMAND APPLICATION NO.807 OF 2024
Sandhya Rani Kadiyala
Age : 45 years,
Residing at : Room No.46, CKB Layout,
Marathahalli Kasavanahalli, Bangalore,
Karnataka Ц 560037
.. Applicant/accused
Versus
Central Bureau of Investigation,
Anti Corruption Branch, Mumbai
.. Respondent/prosecution
Ms. Roshni Singh, Advocate for applicant/accused
Shri. Vimal Soni, SPP for respondent/prosecution
CORAM :
S. H. GWALANI, SPECIAL JUDGE
COURT ROOM NO.48
DATED :
15th JULY, 2024
ORAL ORDER
Applicant/accused
Sandhya
Rani
Kadiyala
has
filed
this
application for bail under section 439 of the Code of Criminal Procedure
for offence punishable under sections 120-B, 420, 467, 468, 471 of the
Indian Penal Code and sections 7 and 7-A of the Prevention of
Corruption Act, 1988 (as amended in 2018).

BA No.543/2024
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Order
Case of the prosecution in brief as under:
2.

As per allegations in FIR, in October, 2022, complainant Ajay
Pandurang Patil was approached by his known Ajay Kumar, who told
that he knows some officers from various departments like Food
Corporation of India (FCI), Railways, GST, Income Tax etc. and he can
get job in any of these departments. Complainant discussed the same
with some of his known job-seekers and consequently, initially two
people i.e. Gaurav Gharate and Dinesh Jadhav, agreed to pay the said
security deposit as demanded by Ajay Kumar on behalf of Government
officials. After paying the said security deposit, both of them were given
job offer letter through email agmhrms@fcigov.org.in.
3.

After seeing the said two people getting job offer letters, other
people known to complainant also approached him for job. Accordingly,
complainant introduced 24 such needy people including Gaurav
Gharate and Dinesh Jadhav to Ajay Kumar as per his proposal. Out of
said 24 people, 18 people have already received offer letter through
various modes like email/post and said 18 people have undergone
training at various places like Dhanbad, Patna, Nokha, Arwal in Bihar,
Kolkatta and Mumbai. All 18 students joined the training, but none of
the student received salary regularly. As per selected job-seekers
version, few of them received salary in first 2-3 months either in cash or
through account. Further, complainant was told by said 18 people that
the place of training is being changed every now and then, and the
training given at the training centers is very basic and repetitive.
Therefore, as per feedback from said 18 people, complainant found the
jobs suspicious and hence, he consulted some Government Officials who
told him that no Government department takes security Deposit amount
before joining. Then, he countered Ajay Kumar about this fact who
BA No.543/2024
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Order
asked complainant not to worry as he is in touch with senior officers of
the above said department. Accordingly, complaint dated 02.11.2023
came to be filed by the complainant Ajay Pandurang Patil and on the
basis of said complaint, crime came to be registered on 08.11.2023 for
offence punishable under section 120-B of the IPC and section 7 and 7A of the PC Act, 1988 (as amended in 2018) against accused Ajay
Kumar, Rupesh, Biraba Patil, Abhishek, Deepak Mandal including
present applicant/accused Sandhya Rani Kadiyala as well as unknown
private persons and unknown public servants. During the course of
investigation, Sections 420, 467, 468 and 471 IPC were added as per
facts came on record.
Contentions of applicant/accused:
4.

As per contention of applicant/accused, she is innocent and has
been falsely framed in the instant matter. There is no specific role or
allegations assigned against her in the FIR. Main accused and other coaccused have been already granted default bail. She was only handling
some of the training institute and training the people who were coming
there but she was completely unaware of any such conspiracy being
hatched by Ajay Kumar and there is absolutely no material to link with
her. Out of 24 period, none of them have transferred any money into
her account. There is nothing against present applicant for which she
could be charged with allegation of conspiracy. Perusal of FIR prima
facie it appears that no role is attributed to her except making one
phone call to Mobile No. 8438403845. She has no criminal intent or
mens rea. She had no intention to cause wrongful gain to one person
and wrongful loss to another person. She has not done any fraudulent
act with intent to defraud and there was no intention to deceive. Prima
BA No.543/2024
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Order
faice no case is made out against her. None of the offences is made out
against her.
5.

Applicant further contended that present case is based on
documentary evidence and all necessary documents have already been
seized and collected by respondent. Applicant further contended that
she is suffering from various ailments, allergic asthama and treated with
ICS and also undergone surgery for her lungs and taking medicines
continuously. She cannot live without medicine as she is be ridden.
Remand paper shows that during interrogation, she has fully cooperated
with investigating agency. Accordingly, applicant prayed for her release
on bail.
Contention of prosecution :
6.

CBI vide reply Exh.2, reiterated the case of prosecution, denied
the contention of applicant and strongly opposed the application by
contending that applicant/accused has committed the alleged crime in a
planned manner and with cool mind in connivance with other coaccused. These types of offences are more serious and harmful to the
Nation and society. Applicant was indulged in similar offence and she
was arrested in FIR No.725 of 2018 of Uppal Police Station, Telengana
and charge-sheet in the said case has been filed against her before the
District Court of Telengana. CBI has reasonable apprehension that in
case if applicant/accused is admitted to bail she would definitely try to
influence the prosecution witnesses. She may indulge in similar offences
and will tamper with the prosecution evidence. She will definitely flee
away and will not attend the trial. Accordingly, CBI prayed for rejection
of the application.

BA No.543/2024
7.

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Order
Heard learned advocate for applicant/accused and learned SPP
for CBI. Perused application, reply and relevant documents.
8.

Perusal of record shows that during investigation of the case,
prosecution recorded statement of 17 victims/job seekers and scrutiny
of bank accounts of accused/applicant Sandhya revealed that she had
collected aprroximately amount of Rs.28,00,000/- from them through
cash deposit machine, UPI transactions, RTGS and NEFT. The accused
persons shared ill-gotten money with each other either though banking
channels or in cash. Scrutiny of bank accounts of other co-accused Ajay
Kumar revealed that, applicant/accused has received Rs.6,00,000/from him out of total collected amount of Rs.1,17,00,000/-.

More so,
case diary and statement of the witnesses, speak that applicant/accused
has also received an amount of Rs.4,00,000/- from Shri. Ambekar and
Rs.7,50,000/- from Shri. Siddhaling Swami.
9.

It also appears that during interrogation of other co-accused in
police custody remand, it revealed that, applicant/accused K. Sandhya,
is the master mind of said Fake Job Scheme and she is the king pin of
this scam. Investigation till date and mobile CDR analysis revealed that,
applicant/accused was continuously in touch with other co-accused
persons during the period of offence. On her instructions, other coaccused namely Ajay Kumar and Birba Patil, have collected money from
job seekers in their account and further transferred it to other coaccused. Moreover, on her instructions, co-accused Aman Kumar build
set up of fake training center at Dhanbad, Mumbai, Nagpur, Bengaluru
and they planned to set up a new training center at Mangluru,
Karnataka.

BA No.543/2024
10.

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Order
It is pertinent to note that this Court has rejected the Anticipatory
Bail Application No.2475 of 2023 filed by the applicant vide order dated
08.12.2023. Thereafter, again, applicant has filed another Anticipatory
Bail application No.1301 of 2024. But, fact of rejection of earlier
anticipatory bail application has been suppressed by applicant. Said
anticipatory bail application has also been rejected by this Court vide
order dated 01.07.2024.
11.

It is also pertinent to note that applicant/accused was absconding
since registration of case and was hiding herself. She was regularly
changing her address and mobile numbers. After so many efforts by
CBI, applicant/accused was traced at Hyderabad and she was arrested
on 29.06.2024. Prima facie it appears that, applicant/accused has
committed the alleged crime in a planned manner and with cool mind
in connivance with other co-accused. These types of offences are more
serious and harmful to the Nation/society and as such, this type of
white collar crimes should be dealt with strictly and seriously.
Prosecution witnesses are mainly victims/ job seekers from rural area,
lower middle class family. Therefore, apprehension of CBI that in case,
if applicant/accused is admitted to bail, she would definitely try to
influence the prosecution witnesses, is well founded. Considering the
gravity of the offence and conduct of applicant/accused, I hold that
applicant/accused is not entitled for grant of bail. Hence, I pass
following order:
ORDER
Bail Application No.543 of 2024 stands rejected and disposed of
accordingly.
SHYAM
HARIRAM
GWALANI
Date : 15.07.2024
Digitally signed
by SHYAM
HARIRAM
GWALANI
Date:
2024.07.15
17:43:06 +0530
(S. H. Gwalani)
Special Judge, CBI
Gr. Bombay
BA No.543/2024
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Order
УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.Ф
15.07.2024, 5.40 p.m.
UPLOAD DATE AND TIME
Mrs. S. P. Pawar
Stenographer (Grade – I)
Name of the Judge (With Court H.H.J. Shri. S. H. Gwalani
Room No.)
C.R.No.48
Date of Pronouncement of
JUDGMENT/ORDER
15.07.2024
JUDGMENT/ORDER signed by P.O. 15.07.2024
on
JUDGMENT/ORDER uploaded on
15.07.2024