IN THE COURT OF LD.

ADDITIONAL CHIEF METROPOLITAN

MAGISTRATE, 71st COURT, BANDRA, MUMBAI

APPLICATION NO. OF 2020

IN

CC NO. 1659/PW/2016

IN

C.R. No. 89/2014

IN THE MATTER OF:

KALEPALLI B. VENKATA ]
NARAYAN ]
Age 64years, Occu.: Service ]
Permanent R/o. ]
1255, Surya, 32-G-Cross ]
28-Main, 4-T-Block ]
Jayanagar, Bangalore ]
Presently residing at : ]
3B, Osborne Road, ]
Ikoyi, Lagos, NIGERIA ] …Applicant/Accused No. 5
VERSUS ]
THE STATE OF ]
MAHARASHTRA ]
vide its C.R.No.89 of 2014 ]
registered at ]
BKC Police Station, Mumbai ] …Respondent

APPLICATION SEEKING PERMISSION TO

TRAVEL ABROAD

MOST RESPECTFULLY SHEWETH:

1. That a criminal complaint came to be filed by IL&FS Transport Networks

Ltd., (ITNL) against Regional Airport – Holdings International Limited
(RAHI) and Ors. alleging commission of various IPC offences by them with

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 regard to the investment of ITNL in RAHI with BKC Police Station, Mumbai
and the same bears C.R.No. 89 of 2014.

2. That the first Charge Sheet was filed on 9th December, 2014 only against one
Mr. Umesh Kumar Baveja and one Mr. Rajgopal Joshi for alleged offences
under Sections 409, 420, 465, 467, 468, 471, 477(A), 120B, 107 Indian Penal
Code and under Section 66(A) & (D) Information Technology.A
supplementary Charge Sheet dated 12th August, 2015 has been filed wherein
the Applicant is arrayed as Accused No. 5, which is pending before this
Hon’ble Court as C.C. No. 1659/PW/2016.

3. That the Applicant is a Chartered Accountant/Company Secretary/Chartered

Management Accountant (UK) and has an impeccable career experience of
42years in Public Sector Undertakings/reputed international banking outfits
such as BPCL where the Applicant served as its Company Secretary and ING
Vysya Bank where the Applicant served as its Chief Financial Officer.

4. That the Applicant is a permanent resident of Bengaluru at the address given

hereinabove and is presently employed in Dangote Cement Plc, as its Regional
Chief Financial Officer based in Lagos, Nigeria.

5. That the Applicant filed for anticipatory bail before the Hon’ble Sessions
Court vide Anticipatory Bail Application No. 1900 of 2017 which came to be
rejected by order dated 4th January, 2018.Being aggrieved, the Applicant filed
Cri. Anticipatory Bail Application No. 2098 of 2018 before the Hon’ble High
Court, Bombay.

6. That by order dated 22/10/2018 read with the modified/corrected order dated
29th October, 2018, the Hon’ble High Court, Bombay was pleased to grant
interim anticipatory bail to the Applicant subject to the conditions that the
Applicant should return to India on or before 19/11/2018 and present himself
before the Investigating Officer on 21st and 22nd November, 2018 and
thereafter shall not leave the country without the permission of the Hon’ble
High Court.

7. That the Applicant duly complied with the above conditions and by order
dated 21st December, 2018, the Hon’ble High Court, Bombay was pleased to
confirm the anticipatory bail observing, inter alia, that the Applicant has duly
complied with the conditions for the grant of interim anticipatory bail and that
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 there is no need for custodial interrogation of the Applicant. The Applicant
craves leave to refer to and rely upon a copy of the said order dated 21 st
December, 2018 when produced.

8. That subsequently the Applicant appeared before this Hon’ble Court and
executed the PR bond and also provided sureties. This Hon’ble Court was also
pleased to cancel the NBW pending against the Applicant.

9. That the Applicant is working as Regional Chief Financial Officer of Dangote

Cement Plc from 13/8/2013. Annexed hereto and marked EXHIBIT “A” is a
copy of the certificate of employment from Dangote Cement Plc.

10.That the Applicant preferred Application No. 985/N/2018 of 2019 before this
Hon’ble Court seeking permission to travel back to Nigeria to resume his
employment. The Applicant submits that at the time of preferring the said
application, the Applicant had Work Permit from the Government of Nigeria
upto11/8/2019.

11.That by order dated 1st January, 2019 passed in the said Application No.
985/N/2018, this Hon’ble Court was pleased to permit the Applicant to travel
back to Nigeria to resume his employment and continue till August, 2019
subject to conditions stipulated therein. A copy of the said order dated 1 st
January, 2019 is annexed hereto and marked as EXHIBIT “B”.

12.That pursuant to the said permission of this Hon’ble Court, the Applicant
travelled back to Nigeria on 3rd January, 2019. Thereafter the Applicant briefly
visited India during the period 23rd May, 2019 to 9th April, 2019 when the
Applicant filed an application of discharge in the above matter before this
Hon’ble Court which is pending. The Applicant went back to Nigeria on 9 th
April, 2019.

13.That upon an application of theemployer of the Applicant the Government of

Nigeria has renewed the Work Permit of the Applicant upto10th August, 2020.
Annexed hereto and marked EXHIBIT “C” is a copy of the said Work Permit.

14.That in view of the impending expiry of the permission of this Hon’ble Court,
the Applicant, in the month of August, 2019, preferred an application being
Application No. 609/N/2019 for further permission to continue his travels
to/stay in Nigeria upon conditions deemed fit by this Hon’ble Court. By order
dated 3st August, 2019 passed in the said Application No. 609/N/2019, this
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 Hon’ble Court was pleased to permit the Applicant to continue his travels
to/stay in Nigeriatill end of February, 2020 subject to conditionsstipulated
therein. A copy of the said order dated 31 stAugust, 2019 is annexed hereto and
marked as EXHIBIT “D”.

15.That presently the Applicant is in Nigeria and due to exigency of his services
with his employer there, he is not able to travel to India before end of
February, 2020 to seek permission and travel back to Nigeria.

16.Thatthe Applicant submits that he is employed in Nigeria earning livelihood

for himself and his family.It is humbly submitted that if the Applicant is not
allowed to continue his travels to/stay in Nigeria, he would lose his
employment and at his current age, the Applicant will not get any suitable
reemployment in India. The Applicant has to be employed in order to provide
for the sustenance of his family and education of his daughter who is 19 years
old. Therefore, ends of justice would be served if the Applicant is permitted to
continue his travels to/stay in Nigeriaupon conditions deemed fit by this
Hon’ble Court. This is absolutely essential in the interest of the Applicant’s
professional and familial interests.

17.That the Applicant submits that restrictions on travels abroad are placed only
to ensure the availability of the accused for trial and that in this case,
considering the pendency of cases before thisHon’ble Court as well as various
quashing applications filed by the other accused, even framing of charges is
unlikely in the near future. As aforestated, the Applicant has also filed his
discharge application which is pending before this Hon’ble Court. The next
date of hearing before this Hon’ble Court is on 2ndApril, 2020 for the say of the
Respondent on the discharge application of the Applicant.

18.Thatthe Applicant is a law-abiding citizen and has got deep roots in the
society. As aforestated the wife of the Applicant and his daughter aged 19
years are staying here in Bengaluru.Therefore, there cannot be any
apprehension of the Applicant absconding.The Applicant has no antecedents to
his discredit.

19.That the Applicant submits that he would be represented by his Advocate

before this Hon’ble Court and undertakes not to dispute his identity. The
Applicant undertakes not to misuse the liberty of the permission to stay abroad

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 in Nigeria to pursue his employment and to submit himself to trial as and when
required or called to do so and undertakes to abide by the conditions that may
be imposed by this Hon’ble Court to grant the prayers.

20.That the Applicant submits that no prejudice would be caused to the

Respondent or to the trial if the Applicant is permitted to continue his travels
to/stay in Nigeriato pursue his employment whereas serious harm, loss, injury
and prejudice would be caused to the Applicant if such permission is not
granted.

21.That the Applicant craves leave to add to, alter, amend or vary all or any of the
aforesaid grounds.

22.That the Applicant submits that no other application/petition seeking the same
or similar relief as prayed for in the instant application is pending before this
Hon’ble Court or any other Court.

PRAYER

In the facts and circumstances of the case and in the interests of justice, the
Applicant prays that this Hon’ble Court may graciously be pleased to:
a. permit the Applicant to continue his travels to/stay in Nigeria till end of
August 2020 to pursue his employment upon terms and conditions deemed
fit by this Hon’ble Court in the interest of justice; and
b. pass any other order(s) as this Hon’ble Court may deem fit and proper in
the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE APPLICANT

SHALL AS IN DUTY BOUND EVER PRAY

APPLICANT/ACCUSED NO. 5
THROUGH

Mumbai
Dated Advocate for Applicant

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 IN THE COURT OF LD. ADDITIONAL CHIEF

METROPOLITAN MAGISTRATE, 71st COURT,

BANDRA, MUMBAI

APPLICATION NO. OF 2020

IN

CC NO. 1659/PW/2016

IN

C.R. No. 89/2014

Kalepalli B. Venkata Narayan … Applicant

Versus

State of Maharashtra … Respondent

APPLICATION FOR PERMISSION TO

TRAVEL ABROAD

Dated -

Adv for the Applicant

A R PARGAONKAR

KRISHNA C/602, VSKK CHSL,

THAKUR VILLAGE,

Kandivali East, Mumbai 400101

Mob- 9821048106
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