Karnataka High Court
B Somashekar S/O Blc Boregowda vs The State Of Karnataka on 5 October, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC-D:11776
CRL.P No. 103755 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF OCTOBER 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 103755 OF 2022
BETWEEN:
1. B SOMASHEKAR S/O BLC BOREGOWDA
AGE.45 YEARS,
OCC. PRIVATE WORK
R/O.NO.261, 6TH MAIN ROAD
SRINAGAR PIPE LINE
BENGALURU-560050
2. DR. PRAVEEN KUMAR A.S. S/O SHIVAPPA
AGE.43 YEARS,
OCC. MEDICAL PRACTITIONER
R/O.NO.3, 5TH MAIN ROAD
RAGHAVENDRA LAY OUT
BANASHANKARI, 3RD STAGE
HOSAKEREHALLI
BENGALURU-560085
NOW R/O NO.3033, 1375, 95/2 AND95/3
ROSHAN GARDENIA APARTMENT
VIJAYALAKSHMI 36TH MAIN ROAD, POORNAPRGNA LAYOUT
M KANKUPPI
UTTARAHALLI, BENGALURU-560061
Digitally signed by ...PETITIONERS
VIJAYALAKSHMI M
KANKUPPI (BY SRI. T HANUMAREDDY, ADVOCATE)
Date: 2023.10.10
11:31:06 +0530
AND:
1. THE STATE OF KARNATAKA
THROUGH CID, BENGALURU
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
DHARWAD
2. DR. PREMKUMAR S/O KM DODDALINGAPPA
AGE.MAJOR,
OCC. VICE CHANCELLOR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE,
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NC: 2023:KHC-D:11776
CRL.P No. 103755 of 2022
KARNATAKA,H.NO.411 (A-2)
GHATAPRABHA BLOCK,
NATIONAL GAMES VILLAGE, HORAMANGAL,
BENGALURU-560034
...RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP FOR R1.
SRI. GANGADHAR J.M., ADV FOR R2.)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO ALLOW THIS PETITION AND QUASH THE COMPLAINT,
FIR IN CRIME NO. 56/2011 REGISTERED BY COWL BAZAR POLICE
STATION, BALLRI, CHARGE SHEET IN SPL C NO. 162/2012
REGISTERED FOR OFFENCES PUNISHABLE U/S
417,418,420,465,468,409,109,114,161 OF IPC AND SECTION
117,118,119,120,121 AND 138 OF KARNATAKA EDUCATION ACT
1983 AND U/S 13(1)(C).13(1)(d) R/W 13(2) OF P.C ACT 1988 AND
SUBSEQUENT ORDER OF TAKING COGNIZANCE DATED 20.12.2012
AND ALL FURTHER PROCEEDINGS DATED 20.12.2012 AND ALL
FURTHER PROCEEDINGS PURSUANT TO THEREIN IN RESPECT OF
THE PETITIONERS/ACCUSED 3 AND 9 HEREIN.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. The petitioners-accused Nos.3 and 9 are before this Court calling in question the proceedings in Spl.C.No.126/2012 registered for the offences punishable under Sections 417, 418, 420, 465, 468, 109, 114, 161 of the Indian Penal Code and Sections 117, 118, 119, 120, 121 and 138 of the Karnataka Education Act, 1983 and Sections 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act.
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2. Heard the learned counsel Sri. T. Hanumareddy appearing for the petitioner, the learned High Court Government Pleader Sri. V.S. Kalasurmath appearing for respondent No.1-State and learned counsel Sri. Gangadhar J.M. appearing for respondent No.2.
3. The learned counsel Sri. T. Hanumareddy appearing for the petitioners would submit that the second petitioner, who is accused No.9 stands on the same footing as the petitioner in Criminal Petition No.101186/2022 which has been disposed by the Co-ordinate Bench of this Court by quashing the proceedings. The petitioner, there, was a Doctor, who had solved the question papers. Petitioner No.2 in the case at hand is also a person who is appointed to solve the question papers. Therefore, petitioner No.2 stands on the same footing as the petitioner in Criminal Petition No.101186/2022. The Co-ordinate Bench has held as follows:
" Heard the learned counsel for the petitioner.
2. The petitioner/accused No.13 has sought -4- NC: 2023:KHC-D:11776 CRL.P No. 103755 of 2022 quashing of the proceedings initiated against him in Special Case No.126/2012 (Crime No.56/20211) pendingon the file of Principal District and Sessions Judge Court, Ballari, for the offences punishable under Sections 417, 418, 420, 465, 468, 409, 109, 114, 161 of IPC and Section 117, 118, 119, 120, 121 and 138 of Karnataka Education Act, 1983 and under Section 13(1)(c), 13 (1)(d) read with Section 13 (2) of Prevention of Corruption Act, 1988.
3. Learned counsel for petitioner submits that charge sheet filed against the petitioner-accused No.1 has been set aside by this Court in Crl.P.No.101258/2022 and as such the charge sheet filed against the petitioner- accused No.13 cannot be continued.
4. The learned counsel for respondent No.2 did not dispute that this Court in Crl.P.No.101258/2022 has quashed the impugned proceedings as against the accused No.1.
5. I have considered the submissions made by the learned counsel for parties.
6. So as to maintain parity and also to prevent abuse of process of law, the proceedings against the petitioner requires to be quashed. Accordingly, the petition is allowed. The proceedings initiated against the petitioner- accused No.13 in Special Case No.126/2012 pending on the file of Principal District and Sessions Judge, Ballari, is hereby quashed."-5-
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4. The learned counsel for the respondent-University though would submit that the petitioners are not innocent as are projected and would seek further proceedings to be continued against them.
5. Solely on the reason that an identically placed co-accused has been given the benefit of quashment of the proceedings, I deem it appropriate to follow the same and quash the proceedings despite the objection of the learned counsel Sri. Gangadhar J.M.
6. Insofar as the 1st petitioner is concerned, the petitioner is a temporary employee in the University whose job allotted was to issue Hall tickets to the concerned students. The role of the petitioner is restricted to issuing of the hall tickets. Therefore, issuance of hall tickets at the behest of other persons cannot become a crime for the offence so alleged. In the light of the fact that against the person, who had directed issuance of hall ticket, this Court has quashed the proceedings, in that light, the case against the 1st petitioner also would tumble down. -6-
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7. For the aforesaid reasons, the following :
ORDER i. The criminal petition is allowed.
ii. The proceedings in Spl.C.No.126/2012 pending on the file of the learned Principal District and Sessions Judge cum Special Judge, Ballari, stand quashed qua the petitioners.
Sd/-
JUDGE kmv Ct: bck