Karnataka High Court
R D Patil @ Rudragouda vs The State Of Karnataka on 2 May, 2025
-1-
NC: 2025:KHC-K:2591
CRL.P No. 200434 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF MAY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 200434 OF 2025
(439(Cr.PC)/483(BNSS))
BETWEEN:
R D PATIL @ RUDRAGOUDA
S/O DEVINDRAPPA,
AGE 40 YEARS, OCC: CLASS-I CIVIL CONTRACTOR
R/O SONNA VILLAGE, TQ.AFZALPUR,
DIST.KALABURAGI, AT PRESENT PLOT NO.42,
AKKAMAHADEVI COLONY,
HIGH COURT RING ROAD,
KALABURAGI - 585107.
...PETITIONER
(BY SRI RAJESH DODDAMANI, ADVOCATE)
Digitally signed
by RENUKA AND
Location: HIGH
COURT OF THE STATE OF KARNATAKA,
KARNATAKA
ASHOK NAGAR POLICE STATION, KALABURAGI,
NOW REPRESENTED BY
THE ADDITIONAL STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH - 585105.
...RESPONDENTS
(BY SRI B.N. JAGADEESH, ADDL. SPP) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD) U/SEC 483 OF BNSS, PRAYING TO, ALLOW THIS PETITION AND -2- NC: 2025:KHC-K:2591 CRL.P No. 200434 of 2025 RELEASE THE PETITIONER ON BAIL/ ACCUSED NO.3 AS PER CHARGE SHEET ON BAIL IN CONNECTION WITH CRIME NO.160/2023 OF ASHOK NAGAR POLICE STATION, KALABURAGI REGISTERED FOR THE OFFENCES PUNISHABLE U/S 409, 420, 120(B), 201, 109, 114, 36, 37, 34 OF INDIAN PENAL CODE AND U/S 3(1), (II)(2), (3)(4) OF KCOCA ACT, NOW PENDING IN SPL C (KCOCA) NO.1/2024 PENDING BEFORE SPECIAL JUDGE AND PRL. DISTRICT AND SESSION JUDGE, KALABURAGI.
THIS PETITION HAVING BEEN HEARD AND RESERVED ON 04.04.2025 AND COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH CAV ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by accused No.3 seeking regular bail in Crime No.160/2023, registered by the Ashok Nagar Police Station, Kalaburagi for the offences punishable under Sections 409, 420, 120(b), 201, 109, 114, 36, 37 and 34 of IPC and Sections 3(1), (ii)(2), (3) (4) of the KCOCA Act, now pending in Spl. C. (KCOCA) No.1/2024, before the Special Judge and Principal District and Sessions Judge, Kalaburagi.
2. Factual matrix of the case are as under: -3-
NC: 2025:KHC-K:2591 CRL.P No. 200434 of 2025 A complaint came to be registered against the petitioner herein stating that when the examination was going on, which was conducted by the Karnataka Examination Authority, it was noticed that malpractice in the examination was being held and some of the outsiders were supporting the candidates to write their examination by using the electronic devices. The specific allegation against the present petitioner is that accused No.1 had revealed that his brother Ambrish is sitting outside in the car and answering the questions and also revealed that R.D. Patil, who is the petitioner herein and others are helping in the written examination. Based on the statement, a case came to be registered against Trimurti, Ambrish and R.D. Patil and others. During the investigation, it is stated that other persons were also involved in the examination scam. After registering the case, the police have invoked KCOCA Act. The investigation is completed and the charge-sheet is submitted.-4-
NC: 2025:KHC-K:2591 CRL.P No. 200434 of 2025
3. Heard Sri Rajesh Doddamani, learned counsel for the petitioner and Sri B.N. Jagadeesh, learned Additional SPP, for the respondent.
4. It is the submission of the learned counsel for the petitioner that the petitioner is a law abiding citizen and he is no way connected to the case. The petitioner is suffering from some medical disorders and he needs medical supervision. It is further stated that he has been arrested on 10.11.2023. Though he has been subjected to medical examination on several occasions, the doctor opined that the petitioner herein needs medical supervision. Hence, he prays to consider the bail application and grant him bail. Making such submissions, he prays to allow the petition.
5. Per contra, the learned Additional State Public Prosecutor filed statement of objections by stating that even though the petitioner is suffering from medical ailments, care will be taken by the jail authority. The petitioner is involved in heinous offences and many cases have been filed against him. In fact, the petitioner and others were not allowing to -5- NC: 2025:KHC-K:2591 CRL.P No. 200434 of 2025 conduct fair and transparent examination for the welfare of the aspirants. The petitioner and others are trying to defame the dignity and sanctity of the Karnataka Examination Authority.
6. It is further submitted that many youths are waiting for suitable jobs at the hands of the government. When the government entrusted the work in respect of conducting the examination to the Karnataka Examination Authority, and the said authority, when conducting the examination, if such incidents happen, many students, who are aspirants of jobs, may lose faith in the system. Therefore, the petitioner is not entitled for any relief as prayed for. Making such submissions, he prays to dismiss the petition.
7. Having heard the learned counsel for the respective parties and also perused the medical certificate made available by the learned counsel for the petitioner, it appears that on 03-04-2025, the Medical Officer, Central Prison Hospital, Central Prison, Kalaburagi submitted report stating that Rudragouda @ R.D. Patil S/o Devindrappa Patil, -6- NC: 2025:KHC-K:2591 CRL.P No. 200434 of 2025 aged about 40 years, as an under trial prisoner was sent to Kalaburagi Institute of Medical Sciences Hospital, Kalaburagi for medical examination. After conducting the medical examination, he advised bed rest for 4 to 5 weeks with physiotherapy.
8. On going through the facts and circumstances of the case, I am of the considered opinion that the petitioner is not entitled for bail. However, a suitable direction may be issued to the jail authority to provide suitable medical facilities to the petitioner that would take care of the health of the petitioner. With these observations, the petition stands disposed off.
In view of disposal of the main petition, interlocutory application, if any, stands disposed off.
Sd/-
(S RACHAIAH) JUDGE RSP List No.: 3 Sl No.: 1 Ct: PK