Bombay High Court
JEEVAN KARYAPPA BIJJANDA ALIAS B. K. JEEVANversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
Bail is granted to the applicant as there is no justification for continued custody after the investigation is complete and a substantial part of the proceeds has been seized.
Summary
The applicant, Jeevan Karyappa Bijjanda, was arrested on 22‑12‑2024 in connection with a fraud involving the diversion of approximately Rs 1.99 crore from a government department, allegedly facilitated by his wife, an accounts clerk. The prosecution alleged that the applicant received the proceeds in his bank account and used them to purchase immovable and movable assets, leading to charges under multiple sections of the Bhartiya Nyaya Sanhita and Section 66(c) of the Information Technology Act. The applicant contended that he was falsely implicated, that his account was misused without his knowledge, and that bail should be granted as seven co‑accused had already been released and the investigation was complete. The State argued that receipt and utilization of the illicit funds demonstrated the applicant’s participation in the offence and opposed bail. After reviewing the charge‑sheet, the court noted that a substantial portion of the proceeds had been traced and seized, but found no justification for continued custody given the completed investigation, and therefore granted bail on the condition of a bond and sureties.
Issues considered
- Whether the applicant, having received and allegedly utilized proceeds of crime, is entitled to bail despite the seriousness of the offences.
- Whether the completion of investigation and seizure of a substantial part of the proceeds justify release on bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 316(2), 316(5), 318, 318(4), 336(2), 336(3), 338, 340(2), 3(5), 45, 61(2)
- Information Technology Act, 2000 — s. 66(c)
Subjects
- bail
- economic offence
- money laundering
- fraud
- Information Technology Act
- seizure of property
- contract employees
- proceeds of crime
Judgment
2026:BHC-AUG:46650
RB1BA1667-26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1 BAIL APPLICATION NO. 1667 OF 2026
Jeevan Karyappa Bijjanda Alias B. K. Jeevan
VERSUS
The State Of Maharashtra
...
Mr. Barlota Ambar S., Advocate for the Applicant
Mr. S. V. Hange, APP for the Respondent-State
CORAM : HITEN S. VENEGAVKAR, J.
Dated : 5th October, 2026
PER COURT :-
1. Heard learned Advocate for the applicant and learned APP for
the Respondent State.
2. The applicant is seeking regular bail in connection with the
first information report bearing Crime No. 427 of 2024, registered with
Jawahar Nagar Police Station, District Chh. Sambhajinagar (Rural) for
the offences punishable under sections 316(2), 316(5), 318, 318(4),
336(2), 336(3), 338, 340(2), 61(2), 45, 3(5) of the Bhartiya Nyaya
Sanhita and under Section 66(c) of the Information Technology Act.
The applicant came to be arrested in connection with the present
offence on 22.12.2024. Investigation is complete and charge-sheet has
been filed. The prosecution alleges 9 accused persons to be involved in
the present offence. Record indicates that out of 9 accused persons, 7
accused have already been released on bail.
3. The prosecution case, in brief, is that the informant, who is
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serving as Sports Officer in the Department of Sport and Youth Services
at Aurangabad, alleges that since 2022, his department has availed
services of employees on contract basis from outsourcing agency M/s
Disha Facilities Pvt. Ltd. for daily maintenance and management
works. It is alleged that the original accused no.1 was appointed a
Computer Operator and thereafter, in the year 2023, accused No.2,
who happens to be the wife of the present applicant, was appointed as
Accounts Clerk. Both of them were appointed through the outsourcing
agency on contract basis for the daily official work, which is pertaining
to clerical, accounts, administrative work etc. It is the case of the
prosecution that in all 19 other employees were also appointed on the
contract basis.
4. It is alleged by the prosecution that during the tenure from
04.06.2024 to 07.12.2024, accused No.1 and accused no.2 had
fabricated the E-mail ID access of the Informant's office by forging
letter of Superior and thereby transferred an amount of
Rs.21,59,38,287/- in their accounts from the account of the department
and thereafter the said amount came to be transferred in the account
of different persons. The applicant is alleged to have been one of the
said beneficiaries whose accounts have been used for making a transfer
of almost about Rs. 1,99,00,000/-.
5. Investigation of the prosecution has led that the amount has
been received by the present applicant, which thereafter has been
utilized by him for purchase of several properties. As he was found to
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be beneficiary of the amount and also one of the accomplice of accused
nos. 1 and 2, he came to be arrested by the Investigating Agency.
6. The learned Advocate for the applicant submits that the
applicant has been falsely implicated in the entire offence. He submits
that his wife was working in the department and there are allegations
that accused no.2, in connivance with accused no.1, have siphoned off
the monies of the department and thereafter transferred the same in
different accounts. His account was also misused and therefore, he
cannot be said to be party to the offence. He submits that apart from
merits, the entire allegations of the prosecution is that the applicant is
in receipt of Rs.1,99,00,000/- of the proceeds of crime, out of which,
by way of different forms and modes, almost Rs. 1,50,00,000/- have
been recovered by the prosecution form his bank accounts, gold
ornaments and movable and immovable properties. Taking into
consideration that 7 accused persons have already been released on
bail and that the present applicant is lingering in custody since
22.12.2024, charge-sheet is filed and the investigation is complete, the
applicant deserves to be released on bail.
7. Per contra, the learned APP argues that the role of the
applicant is pertinent on the face of the record which shows that he
has received the amount of Rs.1.99,00,000/- in his bank account.
Subsequent indulgence of the applicant in utilizing the said proceeds of
crime, in purchasing properties for himself and enjoying the illegal
funds in itself is sufficient to infer that the applicant is involved in the
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present offence. He also argues that the wife of the applicant was
working in the department and therefore, in connivance with her, the
accused have obtained this illegal proceeds of crime in his account and
thus, have used it for his personal consumption. He submits that the
release of Accused No. 2 on bail is not of much significance, as she was
enlarged on bail primarily on account of the fact that she is a woman.
He argues that the present applicant’s movable and immovable
properties are seized and from that, it cannot be said that the entire
recovery has taken place. Even in another way, he argues that the
amount Rs. 50 lakhs is yet to be recovered from the applicant as the
entire work of the recovery is only to the tune of Rs.1,45,00,000/-. He
submits that this application be rejected and the trial be expedited.
8. I have perused the entire charge-sheet with the assistance of
both the learned counsel and have also perused the orders passed by
this Court while granting bail to the other co-accused persons.
9. It is not in dispute that the present applicant has received the
proceeds of crime in his account and prima facie, it appears that the
account of the present applicant was used in the present offence. The
investigation is completed and the record indicates that the properties
worth Rs.1,45,00,000/- has already been secured by the prosecution.
Though it is correct to say that the worth of the properties is tentative,
the fact remains that a substantial part of the proceeds of crime alleged
against the present applicant has been traced and seized by the
prosecution. Considering further that the applicant has been in custody
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since 22.12.2024 and that the investigation pertaining to the present
applicant is complete, I do not find any reason why the custody of the
present applicant should be continued. Hence, the following order:
ORDER
(i) Bail Application No. 1667 of 2026 is allowed.
(ii) Applicant- Jeevan Karyappa Bijjanda Alias B. K. Jeevanshall be
released on bail in Crime No. 427 of 2024, registered with
Jawahar Nagar Police Station, District Chh. Sambhajinagar
(Rural) for the offences punishable under sections 316(2),
316(5), 318, 318(4), 336(2), 336(3), 338, 340(2), 61(2), 45,
3(5) of the Bhartiya Nyaya Sanhita and under Section 66(c) of
the Information Technology Act on executing P.R. Bond of
Rs.50,000/- (Fifty Thousand only) with one or two solvent
sureties in the like amount.
(iii) The Applicant shall not pressurize the prosecution witnesses and
shall not tamper with the prosecution evidence, in any manner.
(HITEN S. VENEGAVKAR, J.)
JPChavan
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