Karnataka High Court
Shri. Amrit Paul-Ips vs State By High Ground P.S on 18 September, 2025
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NC: 2025:KHC:39372
WP No. 25010 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
WRIT PETITION NO.25010 OF 2023 (GM-RES)
BETWEEN:
SHRI AMRIT PAUL-IPS
S/O. SHRI NETRAM BANSAL
AGED ABOUT 56 YEARS
RESIDING AT NO.F-34
CHITRAKOOT, CENTURY APTS
SAHAKARNAGAR
BENGALURU - 560 092
...PETITIONER
(BY SRI R. SWAROOP ANAND, ADVOCATE)
AND:
1. STATE BY HIGH GROUND P.S.
REPRESENTED BY H.C.G.P.
Digitally signed by
HIGH COURT OF KARNATAKA
LAKSHMINARAYAN
N
BENGALURU - 560 001
Location: High
Court of Karnataka
2. MR. NARASIMHAMURTHY P.
AGED ABOUT 47 YEARS
POLICE OFFICER
DY. S.P., FIU, CID
BENGALURU CITY - 560 001
3. THE DY. SUPERINTENDENT OF POLICE
FIU DIVISION, CID, BENGALURU
REPRESENTED BY S.P.P.
HIGH COURT OF KARNATAKA
BENGALURU - 560 001
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NC: 2025:KHC:39372
WP No. 25010 of 2023
HC-KAR
4. THE SUPERINTENDENT OF POLICE
FIU-CID, BENGALURU
REPRESENTED BY S.P.P.
HIGH COURT OF KARNATAKA
BENGALURU - 560 001
...RESPONDENTS
(BY SRI PRASANNA KUMAR P, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE INDIAN CONSTITUTION READ WITH SECTION
482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH
IN SO FAR AS THE PETITIONER CONCERNED THE VARIOUS
CHARGE SHEETS 7 CHARGE SHEETS (1 PRIMARY AND
6 ADDITIONAL) FILED BY THE RESPONDENT NOS.3 AND 4,
BENGALURU IN RESPECT OF CRIME NO.60/2022 OF HIGH
GROUNDS POLICE STATION, BENGALURU ARRAIGNING THE
PETITIONER AS ACCUSED NO.35, AND IMPUTING HIM OF THE
OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 36, 37,
119, 409, 420, 465, 468, 471, 201 READ WITH SECTION 34 OF
IPC, SECTIONS 7(a) (c), 7A, 8 AND SECTION 13(1)(A) READ
WITH SECTION 13(2) OF P/C ACT 1988 VIDE ANNEXURES-A, B,
C, D, E, F AND G RESPECTIVELY AND ETC.
THIS WRIT PETITION IS COMING ON FOR DICTATING
ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE J.M.KHAZI
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NC: 2025:KHC:39372
WP No. 25010 of 2023
HC-KAR
ORAL ORDER
Petitioner who is arraigned as accused No.35 has filed this petition under Article 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, to quash the criminal proceedings initiated against him in Spl.C.No.590/2023 on the file of XXIII Addl.City Civil and Sessions Judge, Bengaluru i.e., 1 primary and 6 additional charge sheets filed by respondent Nos.3 and 4 arising out of Cr.No.60/2022 of High grounds PS, for the offences punishable under Sections 120-B, 36, 37, 119, 409, 420, 465, 468, 471, 201 r/w Section 34 IPC and Sections 7(a) and (c), 8 and 13(1)(A) r/w 13(2) of Prevention of Corruption Act ('PC Act' for short).
2. For the sake of convenience, the parties are referred to by their ranks before the trial Court.
3. In support of the petition, accused No.35 has contended that the allegations in the charge sheet failed to show as to how actually accused No.35 conspired with the -4- NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR other accused. There is no evidence to show that accused No.35 is involved in conspiracy. Accused No.35 was not the only custodian of the keys of the Almirah, where the keys of kit box carrying OMR sheets were kept. CW-81 Smt.Sunitha Bai admitted of having another set of keys and she has left the keys of the kit box carrying OMR sheets in the Almirah using her own set of keys. As per the protocol, it was responsibility of CW-81 Smt.Sunitha Bai to check the seal of the Almirah and sign it as and when it was opened. No explanation is forthcoming anywhere in the charge sheet as to who has opened the Almirah to get the access to the kit box keys.
3.1 There is also statement of one Ismail to the effect that the Almirah keys were re-done since a set of keys were missing. There could be a chance that the said person has made more sets of keys and there was never a need for petitioner to get access to the Almirah keys. -5-
NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR 3.2 Accused No.31 has stated that 7 - one time locks were seized from his possession and as such there was possibility of duplicate keys of the kit boxes as well. There is no material in the charge sheet to show that CW-81 Smt.Sunitha Bai was not involved in the conspiracy though she was maintaining a log book having had access to the Almirah. In any case there is no evidence of handing over the keys.
3.3 The statement of accused No.29 Harsha and accused No.31 Shantha Kumar with regard to handing over money are contradictory. The investigating officer has not seized CCTV footage from different offices around Oni Muneshwara Temple where the money was allegedly handed over to accused No.35. As per the 164 statement of CW-218 Shambulingaiah and CW-219 Channabasayya Swamy with regard to handing over Rs.41 lakhs to CID and prosecution is not clear from whom the recovery is made. The switch on and switch of records of CCTV -6- NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR footage does not pertain to accused No.35 and CCTV footage of his chamber was not in working condition. 3.4 The prosecution has a failed to demonstrate as to how the absence of accused No.35 on 07.10.2021 and 08.10.2021 would connect to the alleged crime. The call record details between accused No.35 and other accused indicate that there were hardly any calls between them. The investigating officer has also failed to unearth the money trail.
3.5 Only CW-81 AAO Smt.Sunitha Bai, CW-82 R.P Manjunath, CW-218 Shambulingaiah, CW-219 Channabasayya Swamy, CW-220 Divya P.Shenoy have given statement against accused No.35. However, their statements are not sufficient to connect him to the alleged crime.
3.6 The sanction is secured subsequent to the filing of the charge sheet and the same is not sustainable. Initially the provisions of PC Act was not invoked. Application to -7- NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR invoke the said provision was subsequently filed and the case was transferred to the Special Court. There is no provision to invoke new offences. In the supplementary charge sheet filed on 20.10.2022, the order of sanction of prosecution against accused No.35 was produced. The remand of accused No.35 before taking cognizance was illegal.
3.7 Cr.No.60/2022 came to be registered on the basis of complaint filed by Sri.Narasimha Murthy, Dy.S.P who was investigating Cr.No.48/2022 of Chowk PS, Gulbarga. Initially investigation was commenced by respondent No.1. However, State Government directed respondent Nos.3 and 4 to conduct investigation. They could not file the charge sheet as they are not officers incharge of Police station. Viewed from any angle the criminal proceedings are not sustainable and pray to quash the same.
4. In support of his arguments, learned counsel for petitioner has relied upon the following decisions; -8-
NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR
(i) Mr.Virendra Khanna Vs. State of Karnataka and another (Virendra Khanna)1
(ii) Sri Girishchandra and another Vs.The State of Lokayuktha Police Yadagir, (Girishchandra)2
(iii) Amitbhai Anilchandra Shah Vs. The Central Bureau of Investigation and Ors (Amitbhai Anilchandra Shah)3
(iv) T.T.Antony Vs State of Kerala and Ors (T.T.Antony)4
(v) Agri Gold Farm Estates India Private Limited Vs. Sate of Karnataka by CID, Bangalore (Agri Gold Farm Estates)5
(vi) Christy Fried Gram Industry and Ors Vs State of Karnataka and Ors (Christy Fried Gram)6
(vii) C.B.I Vs. Ashok Kumar Aggarwal (Ashok Kumar Aggarwal)7
(viii) Sri Anil Kumar B H and others Vs. The Lokayukta Police Shivamogga and another (Anil Kumar B H)8
(ix) L.Narayana Swamy Vs. State of Karnataka and Ors (L Narayana Swamy)9
(x) T P Munninarayanappa Vs. State by Karnataka Lokayukta (T P Munninarayanappa)10 1 WP No.11759/2020 dt. 12.03.2021 2 Crl.P.Nos.15941/2012 c/w 15852/2012 dt. 05.02.2013 3 AIR 2013 SC 3794 4 AIR 2001 SC 2637 5 Crl.P.No.1785/2016 dt. 05.04.2016 6 WP Nos.6225-26/2014 and other connected matters dt. 30.10.2015 7 Crl.A.No.1838/2013 dt. 22.11.2013 8 WP No.24574/2013 dt. 25.11.2021 9 Crl.A.Nos.721 and 722/2016 dt. 06.09.2016 10 WP No.19480/2022 dt. 29.03.2023 -9- NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR
(xi) M L Nagaraja Vs. The Deputy Superintendent of Police, Karnataka (M L Nagaraja)11
(xii) B A Padmanayan and another Vs Central Bureau of Investigation, (B A 12 Padmanayan)
(xiii) Smt Shreeroopa Vs. The State of Karnataka and others (Smt Shreeroopa)13
5. On the other hand, learned Special Public Prosecutor for respondent has filed statement of objections stating that petition filed by accused No.35 seeking quashing of 7 charge sheets filed by respondent No.3 Police in Spl.C.No.590/2023 for the offences punishable under Sections 120-B, 36, 37, 119, 409, 420, 465, 468, 471, 201 r/w Section 34 IPC and Sections 7(a) and (c), 7A, 8 and Sections 13(1A) r/w 13(2) of Prevention of Corruption Act and other consequential reliefs is not maintainable and liable to be dismissed in limini.
11 Crl.P.No.1383/2024 dt. 10.12.2024 12 Crl.P.Nos.1144/2020 C/w 1545/2020 dt. 24.08.2022 13 WP No.20132/2023 dt 04.10.2023
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR 5.1 Pursuant to the first information of respondent No.2 P.Narasimha Murthy, Dy.S.P, CID, Bengaluru, Cr.No.60/2022 came to be registered by respondent No.1 High Grounds Police on 30.04.2022 against accused Nos.1 to 22 and others for the offences punishable under Sections 420, 465, 468, 471, 120B r/w Section 34 IPC and investigation was taken up by the respondent No.1 High Grounds Police. Given the nature of offences and its seriousness and impact on the society, the State of Karnataka transferred the investigation to respondent Nos.3 and 4 i.e., CID, Bengaluru.
5.2 It is the case of the prosecution that a Notification to fill up 545 posts of Civil PSI was issued by the State of Karnataka. In reference to the illegalities committed in the process of the selection of candidates, a FIR was registered in Cr.No.48/2022 of Kalaburagi Chowk PS for the offence punishable under Sections 420, 465, 468, 471, 120B r/w Section 34 IPC and investigation was taken up. During the course of investigation 172 successful
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR candidates were called upon to produce their hall tickets and carbon copy of OMR result sheets. Except 4 candidates rest submitted their hall tickets and carbon copy of OMR result sheets and they were seized under mahazar. The carbon copy of OMR result sheets were sent to FSL and among them, it was found that in respect of 22 candidates, the original OMR result sheets did not tally with their carbon copy. It was identified that accused persons had tampered with the OMR result sheets of these candidates which resulted in awarding more marks than they had scored. Accordingly, the First Information was lodged with the High Grounds Police to take action against such candidates involved in the said crime. 5.3 The investigation further reveal that accused No.35 who is 1995 batch IPS Officer has discharged duties under various capacities including ASP, SP, ADGP in the State of Karnataka between 01.02.2020 to 27.04.2022. At the relevant point of time, he worked as ADGP, recruitment wing of Police Department. He was the Head
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR of the entire recruitment process of appointment of 535 PSI Civil posts 2021. He was appointed as the Head of the entire recruitment process. Investigation reveal that he hatched a conspiracy with the other accused to get the undeserving candidate selected and to make unlawful gain.
5.4 As a result of the conspiracy with accused No.3/ Dy.S.P, accused No.29/FDA, accused No.25/AHC, accused No.28/AHC, who worked in the recruitment wing, accused No.35 agreed to receive Rs.5 Crores to assist undeserving candidates in securing the appointment and in pursuance of the same, to tamper with the OMR answer sheets of question paper No.2 of the undeserving candidates of examination which was held on 03.10.2021. 5.5 Investigation reveal that accused persons had instructed the other accused who appeared for the exam to answer only 15-25 questions and also to specify the number of questions attended as 11 or 19 as total number
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR of questions answered in Column No.4. They were also instructed that they shall deliver the carbon copy of OMR sheets, call letter and the pen used in the examination to the other accused, who acted as their middlemen and the same were thereafter collected by accused No.29/FDA. 5.6 The investigation further reveal that after the examination, on 04.10.2021, all the answer sheets were collected, sealed and stored in kit boxes and the said kit boxes were locked with keys and stored in the strong room situated at the recruitment wing. The keys to the kit boxes were collected by Abraham George and placed in a sealed card board box and handed over to CW-82 Manjunath, RPI. It was the duty of accused No.35 to have safe custody of the keys to the kit boxes, where the answer sheets were stored. However, in furtherance of the conspiracy, accused No.35 left the office earlier than usual without receiving the said keys. Hence they were handed over to CW-82 Manjunath, RPI. On 05.10.2021, when accused No.35 failed to report his work, accused No.28
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR Sridhar H and CW-81 Smt.Sunitha Bai kept the said card board box containing the kit box keys in the Almirah of accused No.35 and locked the same.
5.7 The investigation further reveal that in furtherance of the conspiracy, on 04.10.2021 itself, accused No.35 had handed over key of his Almirah to accused No.31/Dy.SP. On 05.10.2021, accused No.31 by using the said key, took out kit box keys of 7 examination centres from the card board. During the said act, based on the instructions of accused No.35, accused No.31 has deliberately got the CCTV turned off. Thereafter, accused No.31 delivered the already collected carbon OMR sheets, pens and also the key to the kit box and key answers to accused No.25 and accused No.28 in order to facilitate the tamper of the said OMR Sheets.
5.8 The investigation further reveal that in furtherance of the conspiracy accused No.35 did not attend to work from 05.10.2021 to 10.10.201. As per the
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR directions issued by accused No.35 on 07.10.2021, 08.10.2021 and 16.10.2021, accused Nos.25 and 28 with the aid of accused Nos.29 and 31, entered the strong room between 6.30 a.m and 9.30 a.m and by using the said keys, gained access to the answer sheets and tampered with the original OMR of the other accused, who appeared as candidates in the said examination. Accused No.35 had directed accused No.31 to switch off the CCTV camera and also to destroy the one time locks and also the blue coloured one time gumming cover used in keeping the original OMR sheets in the kit boxes. 5.9 The investigation further reveal that during the month of October, accused No.29 delivered a sum of Rs.1.35 Crores which was collected from the candidates and their middlemen to accused No.31. In turn accused No.31 delivered the same to accused No.35 near Sri.Oni Muneshwara Temple. During the course of investigation a sum of Rs.2,20,89,500/- is recovered from the custody of accused No.28 who also worked in the recruitment wing.
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR Further a sum of Rs.30,00,000/- were recovered from the custody of accused No.23 and 24 who were part of the conspirency hatched by accused No.35.
5.10 The investigation further reveal that accused No.35 handed over Rs.1.35 Crores which was received from accused No.29 & 31 to CW-218 Sri.Shambulingaiah Swamy for investment. The said CW-218 Sri.Shambulingaiah Swamy invested majority of the said amount in the name of Accused No.35 and produced balance sum of Rs.41 lakhs before the investigating officer. The same was seized. Thus a total sum of Rs.3,11,89,500/- being the part of amount involved in commission of the crime has been seized. Accused No.35 had formatted his cell phone and thereby destroyed the evidence. On account of the offences committed by the accused persons, CW's 110 to 122 and others who are eligible candidates are deprived of being appointed to the post.
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR 5.11 After completing the investigation, the concerned police has filed charge sheet as under:
Sl. Charge sheet Date Accused Offences No No.
1. Preliminary Charge 26.07.2022 A1-6, 8, U/s Sec. 120B, 201, sheet (Vol No.1 to 10) 10-16, 409,420, 465, 468, 471 & 19-34 34 of IPC.
U/s Sec. 120B, 36, 37, 119, 409,420, 465, 468, 471, 201 & 34 of IPC
2. 1st Supplementary 26.09.2022 A35 Which included the Charge sheet (Vol prosecution sanction U/s. No.11 to 17) 197 of Cr.PC and Sec. 170 of Karnataka Police Act, 1963.
U/s Sec. 120B, 36, 37, 119, 409,420, 465, 468,
3. 2nd Supplementary 20.10.2022 A7, 9, 471, 201 & 34 of IPC and Charge sheet (Vol 17,18, Sec. 7(a) & (c), & 7A, 8 No.18 to 19) 38-41 and Sec. 13(1)(a) r/w 13(2) of PC Act, 1988.
U/s Sec. 120B, 36, 37, 119, 409,420, 465, 468,
4. 3rd Supplementary 27.10.2022 A25, 26, 471, 201 & 34 of IPC Charge sheet (Vol 28-34 Which included the No.20) prosecution sanction U/s.
Sec. 19 of PC Act, 1988.
U/s Sec. 120B, 36, 37, 119, 409,420, 465, 468,
5. 4th Supplementary 14.12.2022 A36, 37, 471, 201 & 34 of IPC and Chargesheet (Vol 43 Sec. 7(a) & (c), & 7A, 8 No.21) and Sec. 13(1)(a) r/w
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR 13(2) of PC Act, 1988.
U/s Sec. 120B, 36, 37, 119, 409,420, 465, 468,
6. 5th Supplementary 20.06.2023 A42 471, 201 & 34 of IPC and Charge sheet (Vol Sec. 7(a) & (c), & 7A, 8 No.22 to 25) and Sec. 13(1)(a) r/w 13(2) of PC Act, 1988.
U/s Sec. 120B, 36, 37, 119, 409,420, 465, 468, 471, 201 & 34 of IPC and Sec. 7(a) & (c), & 7A, 8 and Sec. 13(1)(a) r/w
7. 6th Supplementary 01.08.2023 A35 13(2) of PC Act, 1988 Charge sheet (Vol Which included the No.26) prosecution sanction U/s.
197 of Cr.PC and Sec. 170 of Karnataka Police Act, 1963 and 19 of PC Act, 1988.
U/s Sec. 120B, 36, 37, 119, 409,420, 465, 468, 471, 201 & 34 of IPC and
8. 7th Supplementary 21.11.2023 A35 Sec. 7(a) & (c), & 7A, 8 Charge sheet (Vol and Sec. 13(1)(a) r/w No.27) 13(2) of PC Act, 1988 Which included the sanction U/s. 19 of PC Act, 1988.
5.12 During the course of investigation, the investigation officer has seized several material from the possession of accused persons and reported to the learned magistrate. As per the FSL reports dated 28.04.2022 and
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR 21.05.2022, the forensic analysis of the OMR answer sheets pertaining to accused candidates reveal that the same have been tampered and they have been awarded excess marks than the questions answered by them during the course of examination. Accused No.35 being the head of the recruitment wing and responsible to the safe custody of answer sheets has actively colluded with other accused person in committing the crime. 5.13 The FSL report dated 28.04.2022 and 21.05.2022 along with other independent material clearly indicates that the accused persons who appeared as candidates had answered few questions and additional questions have been answered subsequently in collusion with the other accused persons. The FSL report of accused candidates clearly states that there has been alterations on the OMR answer sheets with regard to the total number of questions answered by the accused candidates and also the OMR answers.
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR 5.14 During the course of investigation, the mobile phone of accused No.35 is seized and sum of Rs.30 lakhs were recovered from accused Nos.23 and 24 through mahazar dated 15.05.2022. A sum of Rs.2.2 Crores is recovered from the custody of accused No.28. A sum of Rs.41 lakhs was recovered from the custody of CW-218 Sri.Shambulingaiah Swamy, who was the custodian of money belonging to accused No.35. The investigating officer has also seized laptops, hard discs and pen drives from the possession of CW-218 Sri.Shambulingaiah Swamy, which contains incriminating material as against accused No.35 and the same are reported in PF.35/2022 dated 05.08.2022. Thus, in all Rs.3,11,89,500/- is recovered from the accused persons. During investigation statements of CW-21 Smt.Jaya Arya, CW-219 Channabasaiah Swamy, CW-220 Smt.Divya P.Shenoy and CW-218 Sri.Shambulingaiah Swamy were recorded under Section 161 Cr.P.C., who have stated about the involvement of accused No.35 and others in the offence.
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR The statements of CW-81 Smt.Sunitha Bai, AAO, CW-82 Manjunath, Special RPI, CW-89 Sunil Kumar.L, CW-91 Naveen.P, CW-218 Sri.Shambulingaiah Swamy, CW-22 Divya P.Shenoy, CW-103 Muralidhar Kumarappa - APC, CW-105 Mallesha K.K, PC, CW-104 Kushamardhi PC are recorded by the judicial Magistrate under Section 164 Cr.P.C, wherein they have categorically revealed the complexity of the above crime and also involvement of accused No.35 and others in the said crime.
6. The investigation also reveal the following material aspects:
"* The petitioner/A35 is an IPS ranked officer, who was the Head of the Recruitment Wing, and was entrusted with the responsibility of conducting the above- mentioned examination. However, the petitioner/A35 entered into conspiracy with A31/DySP, A25/PA to DIGP, A28/AHC & A29/FDA and conspired to commit tampering of OMR sheets of co-accused candidates and make unlawful gain for themselves with an intention to help the undeserving candidates in securing the PSI Post.
* The petitioner/A35 demanded a sum of Rs 5 crores from the co-accused persons and instructed them to divide the rest of the amount among themselves.
* The petitioner/A35 was the custodian of the Ante- chamber almirah key where the keys to the kit boxes
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR containing the original OMR Sheets were kept in the strong room.
* On 04.10.2021 the petitioner/A35 handed over the Ante-chamber almirah key to the A31/Dy SP who was in-charge of supervising the security of the kit boxes. The A31 in compliance with the already hatched conspiracy, by using the almirah key of petitioner/A35 took out the kit box keys of 7 examination centers where the co-accused candidates had attended the examination and in-turn delivered the same to A25 & A28 along with carbon OMR sheet, pen, which were collected by the co-accused including the onetime locks and key answers.
* In the month of October 2021, A29/FDA handed over a sum of Rs 1.35 crores which was collected by co- accused persons to A31/Dy. SP. The A31 / Dy. SP in turn delivered the said sum of Rs 1.35 crore to the petitioner/A35 near Oni Muneshwara Temple.
* The petitioner/A35 had handed over the above- mentioned amount to one CW218-Shambulingaiah who was his Finance Manager. During the course of investigation, a sum of Rs 41 lakhs has been recovered from the possession of CW218-Shambulingalah and the same has been reported under PF No. 36/2022 dated 08.08.2022 (Volume-11/Page 2995). Further, the respondents/ Police have also seized laptops, hard discs & pen drives from the possession of CW218- Shambulingaiah Swamy and the same are reported in PF No. 35/2022 dated 05.08.2022 (Volume-11/Page 2949).
* During the course of investigation, the respondents/ Police had obtained the details regarding the sanctioned leave opted by the petitioner/A35. The State Govt under its letter-dated 19.07.2022 informed the Respondents/ Police that the petitioner/A35 had not availed any leave during the period of commission of offence (Volume- 12/Page 3118). Further, the Respondents/ Police had also obtained clarification letter dated 23.09.2022 from
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR Navachethana Hospital which opined that the petitioner/A35 had not booked any appointments during the commission of the crime (Volume-17/Page 4092). Copy of the letter dated 19.07.2022 is herewith produced as ANNEXURE-R23. Copy of the letter dated 23.09.2022 is herewith produced as ANNEXURE-R24.
* The call detail records of the petitioner/A35 would reveal that he was in constant touch with the co-accused persons during the period of commission of the offence (Volume-25/Page 2066).
* The State Government upon considering the materials collected in the present case was pleased to accord sanction under Sec.170 of the Karnataka Police Act, 1973 & Sec. 197 of Cr. PC., under their Govt order bearing no. DPAR/209/SPS/2022, Bengaluru dated 13.10.2022 (Volume-19/Page 4474). Further, the Central Government looking into the materials collected by the Respondents/Police during the investigation, accorded sanction dated 28.06.2023 U/s. 19 of PC Act, 1988 as against the petitioner/Accused No. 35 herein (Volume-26/Page 18). Copy of the Sanction dated 13.10.2022 is herewith produced as ANNEXURE-R25. Copy of the Sanction dated 28.06.2023 is herewith produced as ANNEXURE-R26.
* The Sec. 161 Cr. PC statements of CW81/Sunita Bai/AAO, CW82/Manjunath/RPI, CW221-Jayariah, CW219-Channabasaiah Swamy, CW220-Divya P Shenoy, CW218-Shambulingaiah Swamy and others would reveal the complexity of the above-mentioned crime and also the involvement of the petitioner/A35 herein. Further, the statements under Sec. 164 of Cr. PC recorded by the Hon'ble Magistrate of CW81/Sunitha Bai-AAO, CW82/Manjunatha-RPI, CW89-Sunil Kumar L, CW91- Naveen P, CW218-Shambulingaiah, CW220-Divya P Shenoy, CW103-Muralidhara Kumarappa, CW105- Mallesha KK, CW104-Kushamardhi would reveal that the
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR above-mentioned crime was committed in active connivance of the petitioner/A35 herein (Volume-17).
* The FSL reports dated 28.04.2022 and 21.05.2022 issued by the State Forensic Science Laboratory, Madiwala would categorically indicate that the OMR sheets and also the carbon OMR copies used in the said examination belonging to co-accused candidates have been subjected to alterations and over-writings (Volume-7 & 8).
* The Respondents/State have obtained the CCTV analysis report dated 13.12.2022 submitted by the FSL, Bengaluru would indicate that the CCTV cameras of the strong room were turned off during the relevant time i.e., on 07.10.2021, 08.10.2021, & 16.10.2021 (Volume-22/Page 0263, 0293, 0322). Copy of the relevant portion of the FSL Report dated 13.12.2022 is herewith produced as ANNEXURE-R27.
* During the course of investigation, the respondents/ Police have recovered several one-time locks from the possession of A31/Dy. SP which were used during the commission of the above-mentioned offence and the same are reported under PF No. 10/2022 dated 14.05.2022 (Volume-3/Page 304). Copy of the PF No. 10/2022 dated 14.05.2022 along with the mahazar is herewith produced as ANNEXURE-R28. Further, the CDR of the petitioner/Accused No. 35 collected during the course of investigation reveals the complexity of the crime and the active involvement of the petitioner herein. Copy of the CDR of the petitioner is herewith produced as ANNEXURE-R29.
* The petitioner/A35 has deleted the entire data available in his mobile phone.
* Apart from the incriminating materials, a total sum of Rs 3,11,89,500/- has been seized & recorded by the respondents/ Police from the possession of the accused persons which is involved in the present case. The
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR respondents/ Police are under the process of unearthing the money trail involved in the present case."
7. The investigation makes out a strong prima facie case against all the accused persons including petitioner/accused No.35. A sum of Rs.41 lakhs was recovered from the active possession of accused No.35 and subjected to PF.36/2022 dated 08.08.2022. During the interrogation, accused No.35 has claimed that on 04.10.2021 after leaving office earlier, he visited the hospital for treatment. However, during investigation the letter dated 23.09.2022 issued by Navachethana Hospital, Bengaluru reveal that accused No.35 had not booked any appointment during the period from 04.10.2021 to 10.10.2021. Thereby it fortify the case of the prosecution regarding his involvement and conspiracy in deliberately remaining absent from his office and aided in commission of the crime. The letter dated 19.07.2022 issued by the office of the Director General and Inspector General of Police, Karnataka State regarding sanctioned leave opted by accused No.35 reveal that he has not opted for any
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR sanctioned leave during the period of commission of the offences and thereby pointing towards the guilt of accused No.35. In the light of prima facie material on record, the criminal proceedings against accused No.35 cannot be quashed. It requires a full fledged trial wherein the prosecution is to be provided with opportunity to prove the allegations against all the accused persons including the petitioner/ accused No.35.
8. As held by the Hon'ble Apex Court time and again, the validity of sanction cannot be raised in a petition under Section 482 Cr.P.C or at the stage of discharge and the same has to be tested during trial. Section 197 Cr.P.C would clearly indicate that when the person is employed in connection with the affairs of the State, State Government is entitled to issue sanction. In the present case, the sanction issued under Section 170 of the Karnataka Police Act against accused No.35 cannot be found fault with. As per Section 3 and 4 of the PC Act, only the Court which is notified under the Act is empowered to
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR try the offences punishable under the PC Act and other offences which may be charged at the same trial. Since offences under the provisions of PC Act are involved, requisition was given to the Magistrate to include the said offences and rightly the Special Court directed Magistrate to made over the case to the Special Court and the same cannot be found fault with.
9. As held by the Hon'ble Supreme Court in Mukesh Singh Vs. State (Mukesh Singh), merely because the investigation officer is the complainant could not vitiate the proceedings. Since during the investigation in Cr.No.48/2022 of Chowk PS, Gulbarga, the investigating officer therein came to know about the larger conspiracy involving other accused, he has rightly given the complaint, based on which investigation is taken up. As per G.O.No.HD.83.PEG.69 dated 13.02.1970, the Sub- inspectors and Officers superior in rank in CID are competent to undertake investigation at any place in the State and they shall be deemed as Officer in-charge of the
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR police station within the limits of which such place is situated. The investigation officer/Dy.SP is competent to file the charge sheet. The ground regarding the CID not being a police under as defined under Section 2(s) of Cr.P.C is considered and stayed by the Hon'ble Apex Court in State of Karnataka and M.G.Gopal and Anr and other connected matters [SLP(Crl)No.2157-2158/2021 dated 12.03.2021 and 01.04.2021]. Therefore, accused No.35 cannot urged the said ground. Viewed from any angle accused No.35 is not entitled for any releifs and pray to dismiss the petition.
10. Heard arguments and perused the record.
11. It is not in dispute that accused No.35 is IPS cadre officer and at the relevant point of time was working as ADGP, police recruitment wing and he was entrusted with the responsibility of conducting the examination for the appointment of 545 police inspectors (Civil Force) in State of Karnataka vide Notification No.98/Recruitment-
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR 2/2020-21. It is also not in dispute that accused No.31/Dy.SP, accused No.25 PA to DIGP, accused No.28/AHC and accused No.29/FDA were entrusted with specific responsibilities in connection with said examination. Out of 1,42,636 candidates applied for the said post, 1,28,598 appeared for the physical test.
12. The evidence collected during investigation reveal that accused No.35 entered into conspiracy with accused No.31/Dy.SP, accused No.25 PA to DIGP, accused No.28/AHC and accused No.29/FDA to tamper the OMR sheets of co-accused candidates and to make unlawful gain in order to select the undeserving candidates through illegal means. For this purpose accused No.35 demanded a sum of Rs.5 Crores from co-accused and instructed them to share the rest of the amount among themselves.
13. The investigation further reveal that on 03.10.2021, when the written examination was conducted 54,104 candidates appeared for the written examination
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR which was conducted in 91 centers in the State, out of which 21 centers were situated within the Bengaluru city. The said examination consists of 2 papers i.e, Paper-I for 50 marks (descriptive) and Paper-II for 150 marks (MCQs).
14. The investigation further reveal that in furtherance of the conspiracy co-accused candidates were instructed to mark answers for minimum 10 questions of which they knew the right answers and to write total number of questions answered in column No.4 of OMR sheets as 11 or 19, so that it could be tampered (changed) easily. The investigation reveal that after examination, the answer booklets of Paper-I and filled OMR sheets of Paper- II were kept and sealed in kit boxes in the examination centres and the boxes were locked using 2 locks viz., pad lock and one time lock and sent to the recruitment office. On 04.10.2021, the kit boxes were received at the recruitment office i.e., on the next day of the examination. CW-190 Abraham George, DCP, with the assistance of
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR accused No.28, CW-82 RPI collected the kit boxes and keys. The kit boxes were stored in the strong room situated within the Cellar of recruitment wing. The keys were kept in one card board box and sealed. As entrusted with the responsibility of conducting the examination, accused No.35 was the custodian of the said keys and CW- 190 was supported to hand over the keys to accused No.35. As per the conspiracy, accused No.35 already parted with keys of his anti chamber Almirah to accused No.31 and instructed him to complete the task of tampering the OMR sheets as already planned.
15. On 04.10.2021 before receiving the card board box containing the keys to the kit boxes, accused No.35 left the office and without any alternative, on 05.10.2021 CW-190 Abraham George handed over card board containing the keys to CW-81 Smt. Sunitha Bai and she along with accused No.28 kept the card board box containing the kit box keys in the Almirah of accused No.35 and locked the same. The investigation reveal that
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR in order to escape from the liability, accused No.35 took a false plea of ill health and as such he had to leave early and went to the hospital. Admittedly, he has not informed his higher up about his ill health and requested somebody else to place incharge of his work. The investigation also makes it clear that though he claims to have visited Navachethana Hospital, the information collected from the said hospital reveal that he has not booked any appointment from 04.10.2021 to 10.10.2021, which goes to show that he has taken a false plea of ill health. He has also not availed any leave for this period.
16. The investigation reveal that during his absence, on 07.10.2021, 08.10.2021 and 16.10.2021, accused Nos.25 and 28 with the aid of accused Nos.29 and 31 entered the strong room between 6.30 a.m to 9.30 a.m and by using the keys, available in the Almirah of accused No.35 gained access to the OMR answer sheets and tampered with the original OMR of other accused, who appeared as candidates in the said examination. During
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR this period, the CCTV camera was switched off and the one time locks and blue coloured one time gumming cover used for keeping the original OMR sheets in the kit boxes were destroyed.
17. The investigation reveal that accused No.29 delivered Rs.1.35 Crores, which was collected from the candidates and their middlemen to accused No.31. In turn accused No.31 has delivered the same to accused No.35 near Oni Muneshwara Temple. A sum of Rs.2,20,89,500/- is recovered from the custody of accused No.28 who worked in the recruitment wing. Further a sum of Rs.30 lakhs was recovered from the custody of accused No.23 and 24 who are the party of the conspiracy hatched by accused No.35. The investigation also reveal that accused No.35 has handed over Rs.1.35 Crores to CW-218 Shambulingaiah Swamy and in turn he has invested majority of the said amount in the name of accused No.35 and Rs.41 lakhs were recovered from him. The fact of
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR accused having formatted his phone also point out towards his guilt and thereby he has destroyed the evidence.
18. The FSL evidence regarding the OMR answer sheets and the carbon copy of the answer sheets collected from the accused candidates clearly indicates that as per instructions given to the said candidates, they answered only few questions and specified the number of questions attended as 11 or 19 as the total number of questions answered in Column No.4. The FSL report also reveal that additional questions have been answered in collusion with the other accused persons. The FSL report of the accused candidates clearly reveal that there has been alterations on the OMR answer sheets with regard to total number of questions answered by the accused candidates and also the OMR answers.
19. As a responsible officer, accused No.35 was supposed to receive the card board box with the keys of kit boxes containing the OMR answer sheets and keep
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR them in safe custody till evaluation is completed. He owes an explanation as to how his Almirah was accessed. He cannot just wash off his hands by saying that he left the office early and as such he did not receive the keys to the kit boxes. His conduct of taking a false plea of ill health and not attending to the duty till 10.10.2021, investment in his name and recovery of part of the crime proceeds through CW-218 Shambulingaiah and also formatting his cell phone supports his complicity.
20. At the stage of considering the petition under Section 482 Cr.P.C, the question of validity of sanction cannot be raised. Since at the relevant point of time, accused No.35 was under the services of State Government, it is empowered to issue sanction and as such the sanction issued under Section 170 of Karnataka Police Act is valid. When the complaint was filed, only the irregularity in conducting the examination was surfaced and the angle of involvement of Police Officers and receipt of bribe was not in picture and as such at the stage of
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR registering the crime, provisions of PC Act were not invoked. Consequently, the FIR was presented to the Magistrate. Only after subsequent developments, the provisions of PC Act are invoked and therefore, the Special Court has rightly directed the Magistrate to hand over the case to the Special Court.
21. As held by the Hon'ble Supreme Court in Mukesh Singh Vs. State (Mukesh Singh), merely because the investigation officer is the complainant could not vitiate the proceedings. Since during the investigation in Cr.No.48/2022 of Chowk PS, Gulbarga, came to know about the larger conspiracy involving other accused, he has rightly given the complaint, based on which investigation is taken up. As per G.O.No.HD.83.PEG.69 dated 13.02.1970, the Sub-inspectors and Officers superior in rank in CID are competent to undertake investigation at any place in the State and they shall be deemed as Officer in-charge of the police station within the limits of which such place is situated, the investigation
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR officer/Dy.SP is competent to file the charge sheet. The ground regarding the CID not being a police under as defined under Section 2(s) of Cr.P.C is considered and stayed by the Hon'ble Apex Court in State of Karnataka and M.G.Gopal and Anr and other connected matters [SLP(Crl)No.2157-2158/2021 dated 12.03.2021 and 01.04.2021]. Therefore, accused No.35 cannot urged the said ground. Viewed from any angle accused No.35 is not entitled for any releifs and pray to dismiss the petition. Therefore the accused cannot urge the said ground.
22. Having regard to the facts and circumstances of the case, the decisions relied upon by the accused No.35 are not applicable to the case on hand.
23. In the light of the overwhelming evidence placed in the charge sheet, there is a strong prima facie case to proceed against all the accused persons, including the petitioner/ accused No.35. Certainly, this is not a case
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NC: 2025:KHC:39372 WP No. 25010 of 2023 HC-KAR for quashing the criminal proceedings and accordingly the following order:
ORDER
(i) Petition filed by the petitioner/accused No.35 under Section 482 Cr.P.C is hereby rejected.
(ii) The Registry is directed to send a copy of this order to the trial court through e-mail.
Sd/-
(J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 35