Karnataka High Court
Somanagoud S/O Shankargouda Patil vs The State Of Karnataka on 1 December, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103385 OF 2022
BETWEEN:
SOMANAGOUD S/O. SHANKARGOUDA PATIL
AGE. 37 YEARS, OCC. AGRICULTURE,
R/O. KOLIGUDDA VILLAGE,
TQ. RAIBAG, DIST. BELAGAVI,
PIN 591220.
...PETITIONER
(BY SRI. G. C. KATTIMANI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY GOKAK TOWN POLICE,
REPRESENTED BY,
ADDITIONAL STATE PUBLIC, PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.PC., SEEKING TO ALLOW THE PETITION AND DIRECT
RESPONDENT POLICE TO RELEASE THE PETITIONER/ ACCUSED
ON BAIL IN THE EVENT OF HIS ARREST IN CC NO. 6731/2022
(ARISING OUT OF GOKAK TOWN P.S. CRIME NO. 96/2022) FOR
-2-
CRL.P No. 103385 of 2022
THE ALLEGED OFFENCE UNDER SECTIONS 120B, 411, 417,
420, 426, 406, 511, 116, 201 R/W. 34 OF IPC PENDING ON
THE FILE OF PRL CIVIL JUDGE AND JMFC GOKAK.
THIS C RIMINAL PETITION COMING ON FOR
ORDERS TH IS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the petitioner who is arrayed as accused No.5 in column No.13 of the charge sheet under section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.96/2022 of Gokak Town Police Station registered for the offences punishable under Sections 120B, 411, 417, 420, 426, 406, 511, 116 and 201 read with Section 34 of Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
-3-CRL.P No. 103385 of 2022
2. The case of the prosecution is that, one Sachin Shridhar Kamatar, SDA, P.U. Department has filed the complaint stating that he was deputed as subject admin for all government competitive exams by DDPI, Chikkodi. On 07.08.2022 the government had conducted the competitive examination for the post of Junior Grade Assistants in KPTCL and he was posted as subject admin. It is further stated that on 09.08.2022 in view of holiday he had been to his house and at 11.00 a.m., when he was at his house, he has been informed that during the course of examinations of KPTCL at JSS College, Gokak one student has committed offence of cheating while writing the examination paper and thereby he has immediately intimated the said fact to DDPU and in turn they came to the college and approached the said J.S.S. College and met Assistant Chief Superintendent and made phone call to Head Master and intimated -4- CRL.P No. 103385 of 2022 the said fact. In turn the Head Master sent supervisor of class Smt. S. A. Kalagudi and Assistant Chief Superintendent B.M. Hadimani and members of vigilance squad A.B. Gurakanavar to the college and after their arrival, he along with the said persons went towards Head Master room and checked the CCTV footage and found in the examination one student of 2 n d Hall has opened his smart watch and then he made enquiry with supervisor of that hall Smt. S.A. Kalagudi and in turn she told that on 07.08.2022 when she was discharging her duty, at that time she has heard beep sound from examination center 2 n d hall and them immediately she started watching all the students, at that time one student Siddappa Kempanna Madihalli resident of Naganur, Hall ticket No.DC14044 is behaving suspiciously, she made enquiry with him, he was holding smart watch which was switch on and then immediately -5- CRL.P No. 103385 of 2022 she told the said fact to the Head Master. Thereafter, the Assistant Chief Superintendent B.M. Hadimani has produced the documents of the said student Siddappa Kempanna Madihalli, such as hall ticket, true copy of aadhar card, examination question paper, copy of OMR sheet, KEA Board Notice copy, letter got written by student and smart watch of the student. Verifying the said material and student has stated in his letter that he has taken photocopy of question paper through smart watch device and sent the same to his friend Sanjeev through telegram app and looking to these aspects, suspected that the said student has committed offence. It is further stated that the said Sachin has intimated the same to DDPU through phone and as per their directions, he has filed the complaint. The said complaint came to be registered in Crime No.96/2022 of Gokak Town Police Station for the offences -6- CRL.P No. 103385 of 2022 punishable under Sections 406, 417, 420, 426 and 116 read with Section 34 of IPC against accused Nos.1 and 2. The police after completing the investigation has filed the charge sheet against 20 accused persons for the offences punishable under Sections 120B, 411, 420, 426, 406, 511, 116 and 201 read with Section 34 of IPC. This petitioner whose surname is mentioned in the remand yadi apprehending his arrest has filed Criminal Miscellaneous No.8174/2022 seeking anticipatory bail and the same came to be rejected by learned XII Additional Sessions Judge, Belagavi sitting at Gokak by order dated 21.10.2022. The petitioner's name has been shown as accused No.5 in the column No.13 of the charge sheet, therefore the petitioner is before this Court seeking anticipatory bail.
-7-CRL.P No. 103385 of 2022
3. Heard the arguments of learned counsel appearing for the petitioner and learned High Court Government Pleader for the respondent-State.
4. Learned counsel for the petitioner would contend that the name of this petitioner is not forthcoming in the complaint and FIR. This petitioner's name has been shown as accused No.5 in column No.13 of the charge sheet and therefore he is apprehending his arrest. It is his further submission that no serious accusations are made against this petitioner and there is no direct involvement of this petitioner in the alleged offence. As the petitioner's name is shown in column No.13 of the charge sheet as accused No.5, he apprehending his arrest as it is stated that further investigation in respect of names mentioned in column No.13 of the charge sheet is required. It is his further submission that the -8- CRL.P No. 103385 of 2022 petitioner is ready to co-operate with the Police in investigation. With this, she prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that the materials already collected by the prosecution shows involvement of this petitioner in commission of alleged offence and his presence is required for custodial interrogation. The voluntary statement of accused No.10 who is the vice principal and voluntary statement of accused No.11 who is the son of accused No.10 revealed that this petitioner had contacted them and paid them money for leakage of the question paper. It is his further submission that this petitioner is also in contact with accused No.2. It is his further submission that the Investigating Officer has mentioned the name of this petitioner in column No.13 of the -9- CRL.P No. 103385 of 2022 charge sheet stating that further investigation is required to be conducted in respect of names of the persons mentioned in the column No.13 of the charge sheet. It is his further submission that this petitioner is required for custodial interrogation to ascertain his involvement in any other cases like question paper leakage etc. If the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submissions made by learned counsel for the petitioner and learned High Court Government Pleader, this Court has gone through the charge sheet records and the order passed by the Sessions Court.
- 10 -
CRL.P No. 103385 of 2022
7. The name of this petitioner has not been mentioned in the complaint and FIR. This petitioner whose surname is mentioned in the remand yadi apprehending his arrest has sought anticipatory bail before the Sessions Court, which came to be rejected. The Investigating Officer has filed the charge sheet against 20 accused persons for the offences punishable under Sections 120B, 411, 420, 426, 406, 511, 116 and 201 read with Section 34 of IPC. The name of this petitioner has been shown in column No.13 of the charge sheet as accused No.5 and further investigation is pending in respect of accused persons whose names are mentioned in column No.13 of the charge sheet. Accused No.10 is the vice principal, accused No.11 is the son of accused No.10 and accused No.12 is the supervisor in the concerned competitive exams. The voluntary statements of accused Nos.10 and 11 revealed that they are in
- 11 -
CRL.P No. 103385 of 2022 contact with this petitioner and this petitioner has given them money for leakage of the question paper. Even the voluntary statement of accused No.2 revealed the name of this petitioner. There are serious accusations made against this petitioner and his involvement in leakage of question paper therefore, this petitioner is required for custodial interrogation. If the petitioner/accused No.5 is granted anticipatory bail, there is a threat that he will hamper the further investigation and tamper the prosecution witnesses. This petitioner/accused No.5 has not made out any grounds for grant of anticipatory bail. Hence, the petition is dismissed.
Sd/-
JUDGE SMM