Karnataka High Court
R D Patil @ Rudragouda vs State Of Karnataka on 31 August, 2024
Author: K Natarajan
Bench: K Natarajan
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CRL.P No. 200969 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE K NATARAJAN
CRIMINAL PETITION NO.200969 OF 2024
(439(Cr.PC)/483(BNSS))
BETWEEN:
R. D. PATIL @ RUDRAGOUDA S/O DEVENDRAPPA,
AGED ABOUT 40 YEARS,
RESIDENCE AT SONNA VILLAGE,
AFZALPUR TALUKA,
KALABURAGI DISTRICT-585103.
AND NOW AT PLOT NO.42, AKKAMAHADEVI COLONY,
NEAR HIGH COURT RING ROAD, KALABURAGI.
(NOW IN JUDICIAL CUSTODY)
...PETITIONER
(BY SRI. SANDESH CHOWTA, SR. COUNSEL APPEARING
FOR SRI. PATIL SHIVAKUMAR DEVENDRAPPA,
Digitally signed by
SHIVALEELA SRI. SUNIL KUMAR S., ADVOCATES)
DATTATRAYA
UDAGI
Location: High AND:
Court Of
Karnataka
STATE OF KARNATAKA
BY ASHOK NAGAR P.S.,
REPRESENTED BY
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI-585105.
...RESPONDENT
(BY SRI. P. N. JAGADEESHA., ADDL. SPP A/W
SMT. ANITA M. REDDY, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF THE BHARATIYA NAGARIK SURAKSHA SANHITA-2023
PRAYING TO ENLARGE THE PETITIONER /ACCUSED NO.3 ON
REGULAR BAIL IN CRIME NO.160/2023 REGISTERED BY ASHOK
NAGAR P.S 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
KARNATAKA CONTROL OF ORGANIZED CRIME ACT-2000,
WHICH NOW PENDING IN SPECIAL CASE (KCOCA) NO.1/2024
ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE
AT KALABURAGI.
THIS CRIMINAL PETITION HAVING BEEN RESERVED FOR
ORDERS ON 21.08.2024, COMING ON FOR PRONOUNCEMENT
THIS DAY, MADE THE FOLLOWING..
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CORAM: HON'BLE MR. JUSTICE K NATARAJAN
CAV ORDER
(PER: HON'BLE MR. JUSTICE K NATARAJAN)
This petition is filed by the petitioner - accused No.3
under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita (for short 'BNSS') for granting regular bail in
Crime No.160/2023, registered by the Ashok Nagar Police
Station, Kalabuargi and charge-sheeted for the offences
punishable under Sections 409, 420, 120(B), 201, 109,
114, 36, 37 and 34 of IPC and under Sections 3 (1) (i) (2)
(3) (4) of the Karnataka Control of Organized Crimes Act,
2000 (KCOCA Act), which is now pending in Special Case
(KCOCA) No.1/2024 on the file of Prl. District and Sessions
Judge, at Kalaburagi.
02. Heard the arguments of learned Senior Counsel
Sri. Sandesh Chowta appeared for the petitioner and
Sri. P. N. Jagadeesha, the learned Additional SPP for the
respondent - State.
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03. The case of the prosecution is that on the
complaint of one Smt. Shilpa, the Assistant Lecturer at
Sharanabasav University, at Kalaburagi, the police have
registered the FIR alleging that when she was room
supervisor in the competent examination held in their
institution on 28.10.2023 for the recruitment of FDA posts.
There were 21 candidates in Room No.38. At about 11.30
a.m. the Deputy Director of Karnataka Education Authority
(for short 'KEA') came to the room along with the police,
wherein the accused No.1 is said to be writing the
examination by using the Bluetooth device, by receiving
the answers from outside from his brother - Ambrish
(accused No.2). On caught red-handed, he has revealed
the name of this petitioner who was helped the accused
No.1 for providing Bluetooth giving answer getting from
other persons and through brother of the accused No.1
who is sitting out of the campus in a car and giving
answers helping the accused No.1 for writing the
examination. After arresting the accused No.1 and others
while examination of recruitment of FDA posts, it was
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reveled that this petitioner / accused No.3 was received
money from the accused persons for helping them for
examination by proving Bluetooth device as well as correct
answers by collusion with the various accused persons.
During the investigation the police have arrested this
petitioner on 10.11.2023 at Solapur. He was remanded to
the judicial custody. The police have investigated the case
and filed the charge-sheet. The previous bail application of
this petitioner came to be rejected by this Court on
28.05.2024 in Criminal Petition No.200159/2024. Once
again this petitioner is before this Court for granting the
bail.
04. The learned Senior Counsel for the petitioner
has urged the following various grounds as under :-
I. That the police have already investigated the matter
and filed the charge-sheet against the petitioner. He
is no more required for any investigation.
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II. It is contended that the alleged offences at the time
of registering the FIR were punishable with up to 07
years. There is non-compliance of provision of
Section 41 (A) of Cr.P.C. Notice was not issued to the
petitioner prior to arrest. As per the Judgment of the
Hon'ble Supreme Court in the case of Satender
Kumar Antil vs. Central Bureau of Investigation
and another, reported in (2022) 10 SCC 51, if the
notice is not issued to the petitioner and non-
compliance of the provision of Section 41 (A) of
Cr.P.C., the petitioner is entitled for bail.
III. The learned Senior Counsel for the petitioner has
also contended that at the time of arrest of the
petitioner the grounds for arrest was not made
known to the petitioner, as per Section 50 of Cr.P.C.
(Section 47 of BNSS). Therefore, on all these
grounds the petitioner is entitled for bail.
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IV. The learned Senior Counsel for the petitioner also
contended that there were 137 witnesses cited in the
charge-sheet. There is no possibility of early trial in
this case and trial may be delayed. There is no
chance of starting the early trial. Therefore, the
petitioner may be granted bail.
V. The learned Senior Counsel for the petitioner also
contended that now the stage of the case before the
Trial Court is hear before Charge. The matter will be
taken up by delayed manner and framing of charge
also may be delayed.
VI. The petitioner is in custody for almost 09 months and
he cannot be kept in Jail as a pre-trial punishment.
VII. The co-accused persons were already granted bail by
the Coordinate Bench of this Court. Therefore, he is
entitled for bail on the ground of parity.
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VIII. The police have inserted the KCOCA Act, which is
questionable. This Court previously rejected the bail
application of this petitioner mainly on the ground
that the Section 22 (5) of the KCOCA regarding Bar
for granting the bail. In fact the said provision has
been declared as ultra vier, as per the judgment of
the Hon'ble Supreme Court. Therefore, he is entitled
for bail.
05. The learned Senior Counsel also contended that
in over all Karnataka there were 6,17,930 candidates have
appeared for examination for 670 posts for 04
departments. Only 08 cases were noted at Kalaburagi in
respect of the malpractice. It will not effect the entire
examination system. They are attempted to commit the
malpractice and he is in custody. The police have arrested
this petitioner by violating the fundamental right of the
petitioner. Hence, prayed for granting the bail. He has
relied upon various judgment of the Hon'ble Supreme
Court in support of his arguments.
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06. The learned Addl. SPP. has objected the bail
petition contending that:-
I. That the grounds urged by the learned Senior
Counsel for the petitioner regarding Section 41 (A) of
Cr.P.C., the police have complied the provisions by
issuing notice to the petitioner. He was not available
for service. Hence, the notice was affixed on the door
belongs to the petitioner house on 03.11.2023 itself.
He was absconding. Therefore, on this ground the
petitioner is not entitled for bail.
II. The learned Addl. SPP also contended that the
petitioner was arrested by the police only after
obtaining the NBW from the jurisdictional Court as he
was absconding. The police have got information that
he is out of the State. Therefore, by filing of
application before the learned Magistrate obtained
the NBW. Thereafter, the police have went to
Solapur, arrested the petitioner and brought to
Kalaburagi.
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III. It is also contended by the learned Addl. SPP. that
the police have given intimation regarding grounds of
arrest, on the NBW issued by the Court. Therefore,
the grounds urged by the learned Senior Counsel for
the petitioner for granting the bail, does not arises.
There is no violation of any guidelines issued by the
Hon'ble Supreme Court or Cr.P.C.
IV. The learned Addl. SPP also contended that the
accused have criminal antecedents. There were 08
cases registered against him in Kalaburagi District for
the PSI Scam and also 08 cases registered in entire
Kalaburagi District, as well as Yadgiri District, during
the FDA recruitment examination. He is having past
history of committing the similar offences. He is a
habitual offender.
V. The petitioner has been granted bail in PSI scam by
imposing conditions, but he has violated the bail
conditions and committed similar offences.
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Therefore, if he is enlarged on bail, he will commit
the similar offences and obstacle for future
examination conducted by the State Government.
VI. The petitioner is repeated offender on various
examination scam. There were 08 cases at
Kalaburagi District, 03 cases, one each at Bengaluru,
Dharwad and Tumkuru. Subsequently, he was
involved in 03 cases at Kalaburagi and 05 cases in
Yadgiri in respect of FDA examination. Therefore, the
police have invoked the KCOCA Act against him. If he
has granted bail he will tamper the prosecution
witnesses and commit the similar offences, which is
not ruled out. The KPSC examination is aheading, if
he is granted bail, he may commit the similar
offences. He is also involved in Junior Engineering
Examination Scam, wherein a case was registered
against him in Annapurneshwari Nagar Police
Station, at Bengaluru which is pending. Therefore,
prayed for dismiss the petition.
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07. Having heard the arguments and perused the
records, the points that would arises for my consideration
as:-
Whether the petitioner has made out a sufficient
grounds for granting the bail under Section 439
of Cr.P.C. (483 of BNSS).?
08. On perusal of the records, which reveals that as
per the complaint made by one Smt. Shilpa to the police
on 28.10.2023 a case in Crime No.160/2023 was
registered by the Ashok Nagar Police Station against the
petitioner and others. It is alleged that when the
complainant was supervisor in Examination Block at Room
No.38, the Deputy Director of KEA and the police brought
the accused No.1 - Trimurti. On enquiry, he was found
writing examination by using the Bluetooth Device. On
enquiry with, he has revealed that accused No.2 - Ambrish
was giving answer from outside. The police have arrested
both the accused Nos.1 and 2. Based upon the
confessional statement, this petitioner was implicated as
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accused No.3. It was revealed that this petitioner has
received Rs.3,00,000/- from the accused Nos.1 and 2 and
agreed to receive another Rs.4,00,000/- from the accused
No.1, after the examination for helping them in the
examination by providing Bluetooth as well as answers.
09. During the investigation it is also revealed that
the accused No.19 who said to be a first division assistant
prepared the answer by obtaining the question papers
illegally from the petitioner and given to the petitioner and
in turn this petitioner supplied to various accused persons
for writing their examination of FDA recruitment
examination conducted by KEA. Accordingly, there were
03 cases registered against the petitioner in Kalaburagi
District and 05 cases were registered in Yadgiri District.
Totally 08 cases were registered in different examination
centre in two districts. This petitioner was named as
Kingpin in the crime registered in all 08 cases.
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10. The investigation papers also reveals that the
petitioner used to collect the huge lakhs of money from
the aspirants of the post and helped them for getting the
examination. This petitioner has not received the money
directly, but he has given the account number of kith and
kins and known persons and received the money from the
candidates. Thereafter, used to withdraw through transfer
and used to kept in F.D. and UTI fund etc., Accordingly,
the petitioner was arrested on 10.11.2023 at Solapur. His
earlier bail petition was dismissed on 28.05.2024 in
Criminal Petition 200159/2024.
11. Now, the learned Senior Counsel for the
petitioner has contended that there is violation of Section
41 (A) of the Cr.P.C. Therefore, the petitioner is entitled
for bail, as per the judgment of the Hon'ble Supreme Court
in case of Satendar Kumar Anitil, as referred above. The
Hon'ble Supreme Court has held that the offences
punishable with 07 years or less then bail shall be granted
to the accused persons. At Para No.25 of the judgment it
has held that non-compliance of Section 41 (A) of Cr.P.C.
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would entitle the accused to grant the bail. The learned
Senior Counsel has contended that there is no notice
served under Section 41 (A) of the Cr.P.C. on the
petitioner. Therefore, he is entitled for bail.
12. In this regard the Addl. SPP has contended that
on 03.11.2023 the police have got issued the notice under
Section 41 (A) of Cr.P.C. when the notice was taken to the
house of the petitioner, the door was locked and he was
found absconding. Therefore, the police have affixed the
notice on the door and taken the photograph, in order to
show that they have complied the Section 41 (A) of
Cr.P.C. The copy of the panchanama and photographs of
police officers are produced before the Court, which
reveals that the under Section 41(A) of Cr.P.C. the notice
was duly affixed on the door of the house of the petitioner.
Therefore, the contention of the learned Senior Counsel for
the petitioner, cannot be acceptable that there is non-
compliance of notice under Section 41 (A) of Cr.P.C.
Therefore, on these grounds the petitioner is not entitled
for bail.
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13. The another contention raised by the petitioner
is that the ground of arrest was not intimated to the
petitioner. In this regard the learned counsel for the
petitioner has contended that grounds of arrest was not
made known to him. Therefore, the petitioner is entitled
for bail.
14. On the other hand, the learned Addl. SPP has
taken the contention that the accused purposely
absconding from the case and not available even for
serving the notice. Therefore, the police have obtained the
warrant from the concern Magistrate. Thereafter, they
went to Solapur and arrested the petitioner. Subsequently,
the arrest intimation was given. In this regard, the learned
Addl. SPP produced copy of the arrest memo before this
Court and also followed the guidelines issued by the
Hon'ble Supreme Court in the case of D.K. Basu case and
even arrest intimation to the relative of the petitioner.
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15. The learned Addl. SPP. has also produced the
order sheet of the Trial Court for obtaining the warrant
from the Magistrate for arresting the accused. Therefore,
once the accused was willfully avoided the arrest by the
police and he has absconded and went to some other
State, the police have obtained the arrest warrant from
the Court in the form of Non-Bailable-Warrant, then they
arrested the petitioner on 10.11.2023. Therefore, it is
contended that the police have followed the guidelines
issued by the Hon'ble Supreme Court. Considering the fact
on this ground the petitioner is not entitled for bail.
16. As regards to the contention of the learned
Senior Counsel for the petitioner, the previous bail petition
was rejected by this Court on the ground that there is a
Bar under Section 22 (5) of the KCOCA Act. The learned
Senior Counsel for the petitioner has brought notice of this
Court that the Hon'ble Supreme Court has declared that is
a ultra vier in the case of State of Maharastra vs.
Bharat Shanti Lal and others, reported in (2008) 13
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SCC 5, wherein the Hon'ble Supreme Court has held that
the Section 21 (5) of MCOCA Act, is arbitrary and
discriminatory and struck down the same. Based upon the
such judgment, the Hon'ble Supreme Court in the case of
Rajesh Nayak and others vs. State by Vitla
PoliceBantiwal, Taluk, in Criminal Appeal
No.20/2018 dated 05.01.2018, has taken the similar
view that the Section 22 (5) of KCOCA Act is ultra vier.
This Court by following the Section 22 (5) of the KCOCA
Act, rejected the bail petition. However, Section 22 (5) of
the KCOCA Act was struck down by the Hon'ble Supreme
Court. But this Court rejected the bail petition not only
under Section 22 (5) of KCOCA Act, but also some other
grounds that the petitioner was involved in PSI
recruitment scam, junior engineer examination scam and
presently FDA recruitment scam and he is a habitual
offender and continuously involved in the scam in
recruitment conducted by the State Government of various
authorities.
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17. On perusal of the other grounds that he is in
judicial custody for 09 months, investigation is already
completed, the charge-sheet is also filed, the co-accused
were already on bail, the Hon'ble Supreme Court has
granted bail to the accused persons who are involved in
more cases etc., but herein this case the petitioner is
involved in the following cases:-
(A) Junior Engineering Examination Scam, where a
case was registered in Annapurneshwari Nagar
Police Station, at Bengaluru,
(B) There were 08 cases were registered in Kalaburagi
District in respect of PSI Recruitment Scam,
(C) 03 cases were registered in PSI Recruitment
Scam, 01 at Kalaburgi, 02 at Dharward and 03 at
Tumkuru.
(D) 05 cases were registered in Yadgiri District in FDA
Recruitment Examination Scam and
(E) 03 cases in Kalaburagi including this case.
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18. This petitioner is on one or the reason is
continuously involved in the recruitment scam and
received crores rupees from various candidates and
helping them from getting the examination by providing
Bluetooth Device and giving answer to the candidates from
outside in collusion with the Head of the Institution, Head
Masters, Supervisors, Peon etc., Now, the State
Government is likely to conduct KPSC examination for
selection of KAS officers and other staffs for Government
Department and various recruitment are also going to
conduct examination in near future. Such being the case,
at this stage if the petitioner is granted bail, once again he
will involve in the examination scam especially he will spoil
the KPSC examination conducted by the State Government
for selection of Tahasildar, Assistant Commissioner and
etc.,
19. It is well settled principle of Hon'ble Supreme
Court that 'bail is a rule, rejection is a exception'. But here
in this case, this petitioner falls under the category of
'exceptional cases' where the petitioner is not deserves for
the bail at present stage, when other KPSC examination
are going to be held in near future.
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20. Of course there are 137 witnesses and more
than 2,000 pages charge-sheet is filed, but that itself is
not a ground for to say that the Trial Court will not
commence the Trial in near future. If the accused persons
cooperate for trial, the Trial Court can conduct the trial in
day to day basis and dispose the matter as early as
possible. However, by keeping in mind that upcoming
KPSC examination, this Court having apprehension that he
will once again involve in the examination scam.
Therefore, at this stage this petitioner is not entitled for
bail. Accordingly, I proceed to pass the following;
ORDER
Accordingly, the successive bail petition filed by the petitioner - accused No.3 - Sri. R. D. Patil, under Section 483 of BNSS, is hereby dismissed.
Sd/-
(K NATARAJAN) JUDGE KJJ List No.: 1 Sl No.: 46 CT:SI