The seventh accused in the OMC case, Khan, presently under judicial remand, had earlier filed bail petition under section 167 (2) of CrPC before a special CBI court.
The CBI investigating the OMC case in its counter contended that Khan's bail plea was not maintainable as the court had already taken cognisance of the chargesheet filed by the agency on charges of criminal conspiracy, criminal breach of trust and other relevant sections of IPC.
The CBI had named mining baron and former Karnataka minister Gali Janardhan Reddy, who has been lodged in a jail here since his arrest, his brother-in-law B V Srinivas Reddy and three others in the chargesheet filed December last year. The agency later added the name of suspended IAS officer Y Srilakshmi.
The accused were booked under section 409 of IPC (criminal breach of trust by public servant, or by banker, merchant or agent) among others.
Arguing against granting any relief to Khan, the CBI today said that he not only facilitated the offence but was also a partner in the acts of the main accused in illegal mining.
"The petitioner cannot claim that section 409 of IPC is not applicable to him at this stage," the agency said.
"There is ample proof and documentary evidence to show the active involvement of Khan in the offences and he can not claim as to whether offence under section 409 of IPC is attracted or not," the CBI said, adding the investigation is at a crucial stage and Khan being an influential person is likely to influence witnesses and tamper with the evidence if released.
The court posted the matter to tomorrow. (More)PTI VVK NSK
HKS
