Karnataka High Court
Mr Lakkappa vs State By Rammurthy Nagar P.S on 3 October, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:36165
CRL.P No. 3072 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3072 OF 2023
BETWEEN:
MR LAKKAPPA
S/O RAVUTAPPA
AGED ABOUT 33 YEARS
RESIDING AT NO.93
NEAR RAJKUMAR CIRCLE
SUDDUGUNTE PALYA
C.V.RAMAN NAGAR
BANGALORE - 560 011.
...PETITIONER
(BY SRI M.S. SHYAM SUNDAR, SR. COUNSEL FOR
SMT. VANDANA P.C., ADV.)
AND:
STATE BY RAMMURTHY NAGAR P.S.
Digitally CID POLICE, BANGALORE
signed by B A
KRISHNA REPRESENTED BY SSTATE
KUMAR PUBLIC PROSECUTOR
Location:
HIGH COURT HIGH COURT OF KARNATAKA
OF BANGALORE - 560 001.
KARNATAKA
...RESPONDENT
(BY SRI P PRASANNA KUMAR, SPL.P.P)
THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN THE CR.NO.415/2022 REGISTERED
RAMAMURTHY NAGAR POLICE STATION, BENGALURU CITYDISTRICT
FOR THE OFFENCE P/U/S 409, 420, 201, 120(B) R/W SECTION 36,
37, 149 OF IPC, PENDING ON THE FILE OF IST ADDNL. CHIEF
METROPOLITAN MAGISTRATE COURT AT BANGALORE.
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NC: 2023:KHC:36165
CRL.P No. 3072 of 2023
THIS PETITION COMING ON FOR ORDERS, THIS DAY THE
COURT MADE THE FOLLOWING:
ORDER
1. Accused no.1 in C.C.No.1465/2023 pending before the I Addl. Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.415/2022 registered by Ramamurthy Nagar Police Station, Bengaluru City, for the offences punishable under Sections 109, 114, 409, 420, 201, 120B read with Sections 34, 36, 37, 149 IPC, is before this Court under Section 439 Cr.PC.
2. Heard the learned Counsel for the parties.
3. The respondent-police have registered a case against the petitioner and others in Crime No.415/2022 on the complaint of Shivaprasad, Detective Sub-Inspector, CCD Division, CID, Bengaluru, for the offences punishable under Sections 109, 114, 120B, 409, 420, 34, 36, 37, 149 IPC, alleging that the State of Karnataka had issued notification for filling of 545 posts of Civil PSI and subsequently, it was noticed that some of the candidates had committed malpractice in the written examination by using Bluetooth devices while attending the examination and in this connection, an investigation agency was set up and during the course of investigation, it was -3- NC: 2023:KHC:36165 CRL.P No. 3072 of 2023 revealed that on 03.10.2022, the petitioner had used his mobile phone numbers 9900696296, 8147372577 and 8970115301 for the purpose of writing the examination and he had received answers through the Bluetooth device used by him at the time of writing the examination, and thereby he had committed malpractice in the written examination. Petitioner, a Police Constable, who was aspiring to the post of PSI, had got in contact with certain persons who were indulged in committing malpractice in the written examination for the post of PSI and with their aid, he had committed malpractice in the examination and it is under these circumstances, a complaint was lodged, based on which, FIR in Crime No.415/2022 was registered against the petitioner and other unknown persons for the offences punishable under Sections 109, 114, 120B, 409, 420, 34, 36, 37, 149 IPC.
4. During the course of investigation in the said case, petitioner was arrested on 13.10.2022. Investigation in the case is completed and charge sheet has been filed. Petitioner's bail application filed before the LI Addl. City Civil & Sessions Judge, Bengaluru, in Crl.Misc. No.1861/2023 was dismissed on 13.03.2023. Therefore, he is before this Court. -4-
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5. Learned Senior Counsel appearing for the petitioner submits that all the other candidates except the petitioner have been granted regular bail in the present case. He submits that R.D.Patil who is the kingpin in the present case is also granted regular bail in the matter. Investigation in the case is completed and charge sheet has been filed and petitioner who is a Government servant is in custody from 13.10.2022. He, accordingly prays to allow the petition.
6. Per contra, the Special Counsel appearing for the respondent has seriously opposed the petition. He submits that the mobile phones used by the petitioner for committing the malpractice in the examination have been seized and the call record history of the mobile numbers would go to show that the mobile phones were active at the relevant time when the petitioner was writing the examination. He, accordingly prays to reject the petition.
7. Petitioner who is a Police Constable is in custody since 13.10.2022. Investigation in the case is completed and charge sheet has been filed. As per the charge sheet allegations, petitioner had joined Police Department in the year 2018 and -5- NC: 2023:KHC:36165 CRL.P No. 3072 of 2023 he was one of the applicant for the post of PSI and in his earlier two attempts, the petitioner was unsuccessful. It is in this background, petitioner allegedly contacted R.D.Patil from Afzalpur and as per the demand made by accused no.3 - R.D.Patil, petitioner had agreed to pay a sum of Rs.30 lakhs to him and had conspired to commit malpractice in the written examination that was to be held for the post of PSI. In furtherance of the conspiracy hatched, petitioner allegedly had paid a sum of Rs.10 lakhs to accused no.3 and inturn he was handed over with a Bluetooth device and a half sleeve shirt which was designed for inserting the Bluetooth device. By using the aforesaid articles provided by accused no.3, petitioner allegedly had appeared for the written examination and had answered the questions as tutored by accused no.5 - Sunil Goundi over mobile phone. The allegations made against the petitioner is required to be proved in a full-fledged trial to be held against him. The alleged offences against the petitioner are triable by the court of Magistrate and the maximum punishment for the said offences is imprisonment by seven years.
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8. The Hon'ble Supreme Court in the case of SATENDAR KUMAR ANTIL VS CENTRAL BUREAU OF INVESTIGATION & ANOTHER - (2022)10 SCC 51, has laid certain guidelines for grant of bail, which are as under:
A. Offences punishable with imprisonment of 7 years or less not falling in category B and D. B. Offences punishable with death, imprisonment for life, or imprisonment for more than 7 years.
C. Offences punishable under Special Acts containing stringent provisions for bail like NDPS (S.37), PMLA (S.45), UAPA (S.43D(5)), Companies Act, 212(6), etc. D. Economic offences not covered by Special Acts.
9. The Hon'ble Supreme Court in the case of SANJAY CHANDRA VS CENTRAL BUREAU OF INVESTIGATION - (2012)1 SCC 40, has set out certain parameters for consideration of bail and it is held that gravity alone cannot be the decisive ground to deny bail. It is also held in the said case that any imprisonment before conviction has a substantial punitive content and it would be improper for any court to -7- NC: 2023:KHC:36165 CRL.P No. 3072 of 2023 refuse bail as a mark of disapproval of former conduct whether the accused has been convicted for it or not or to refuse bail to an unconvicted person for the purpose of giving him in a taste of imprisonment as a lesson.
10. Similarly situated other candidates who had committed similar malpractice in the examinations have been already enlarged on bail in the present case. Even accused no.3 who is the kingpin in the matter who had provided the Bluetooth device and the half sleeve shirt to the petitioner to be used for the purpose of committing malpractice in the examination has already been granted bail in the present case. Petitioner is a Government servant, and therefore, there cannot be any apprehension that he could flee from justice. He is in custody from 13.10.2022 onwards. Investigation in the case is completed and charge sheet has been filed. Under the circumstances, I am of the view that the petitioner has made out a case for grant of regular bail. Accordingly, the following order:
11. The petition is allowed. Petitioner/accused no.1 in C.C.No.1465/2023 pending before the I Addl. Chief -8- NC: 2023:KHC:36165 CRL.P No. 3072 of 2023 Metropolitan Magistrate, Bengaluru, arising out of Crime No.415/2022 registered by Ramamurthy Nagar Police Station, Bengaluru City, for the offences punishable under Sections 109, 114, 409, 420, 201, 120B read with Sections 34, 36, 37, 149 IPC, shall be enlarged on bail, subject to the following conditions:
(i) Petitioner shall execute a personal bond in a sum of Rs.5,00,000/- (Rupees five lakhs only) with two sureties for likesum to the satisfaction of the jurisdictional court;
(ii) Petitioner shall furnish proof of their residential address and shall inform the court, if there any change in the address;
(iii) Petitioner shall not directly or
indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iv) Petitioner shall not tamper with the prosecution witnesses and shall not influence or intimidate any of the Investigating Officers of this case;-9-
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(v) Petitioner shall not travel outside India without prior permission of the jurisdictional court;
(vi) Petitioner shall cooperate with the further investigation of the case, if any;
(vii) Petitioner shall appear before the Trial Court on all dates of hearing, unless exempted for any genuine reason.
15. The observations made in this order are confined to the disposal of this petition and shall not influence trial of the case in any way.
SD/-
JUDGE KK