Karnataka High Court
Imamsab vs The State Of Karnataka on 17 July, 2018
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF JULY 2018
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.200570/2018
BETWEEN:
IMAMSAB S/O SIKANDARA NADAF
AGE: 30 YEARS OCC: STUDENT
R/O: MOTOLI VILLAGE
TQ: AFZALPUR DIST: KALABURAGI
PIN CODE NO.585301.
... PETITIONER
(BY SMT.ANURADHA.M.DESAI, ADVOCATE FOR
SRI.MAHANTESH.DESAI ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH ROZA POLICE STATION
REPRESENTED BY ADDL. S.P.P.
HIGH COURT OF KARNATAKA
KALABURAGI BENCH.
... RESPONDENT
(BY SRI.MALLIKARJUN SAHUKAR, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C. PRAYING TO ALLOW THE
BAIL PETITION AND RELEASE THE ACCUSED/
PETITIONER ON BAIL IN CRIME NO.24/2018 OF ROZA
POLICE STATION KALABURAGI FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 406, 417, 418, 420
AND 188 OF IPC PENDING BEFORE THE HON'BLE
PRL. JMFC AT KALABURAGI.
THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
The petitioner is arraigned as accused No.9 in Crime.No.24/2018 registered by the respondent-police for the offences punishable under Sections 406, 417, 418, 420 and 118 of Indian Penal Code.
2. The brief factual matrix of the case are that:-
The complaint lodged by the Deputy Director of DDLR Kalaburagi alleging that, on 25.02.2018 at about 3 01.15 p.m. he visited the National B.Ed College sub centre and enquired with Chief Supervisor Dr.Rahena Begum with regard to number of question papers supplied to the center and how much those question papers have been circulated to the candidates and how much question papers were unused. The accused No.1 has not given satisfactory answers. The complainant also found that, there were unused three question papers produced and it was found that, seals of those question papers were tampered and one of the question paper was missing at National B.Ed. College. Suspecting the conduct of the accused Nos.1 and 2 police have registered a case and investigated the matter. During the course of the investigation it revealed that petitioner was also involved and he use to answer the question papers and supply the same to the students. On those allegations the police have investigated the matter. 4
3. The main allegations are made against the accused Nos.1 and 2 are that, they are the persons who have tampered the seal on the covers of question papers and made question papers leak out, outside the examination hall for the purpose of getting answers to the said question papers and supply the same to the students for wrongful gain. The accused Nos.1 and 2 have approached the III Additional Sessions Judge, at Kalaburagi for grant of anticipatory bail under Section 438 of Criminal Procedure Code in Crl.Misc.No.310/ 2018. In fact giving detailed reasons the trial Court has granted the anticipatory bail to those accused persons. This petitioner in fact was arrested by the police and after interrogation he was produced before the jurisdictional Court and thereafter remanded to judicial custody. As on the date, the petitioner is in judicial custody. Under the above circumstances the petitioner stands on better footing than that of accused Nos.1 and 2 who are already released on bail. Even on the ground 5 of parity also the petitioner is entitled to be enlarged on bail. Though the offences are serous in nature, but they are not punishable either with death or imprisonment for life. Therefore, with assurance that petitioner will available to the Court and police as and when required, petition deserves to be allowed. Hence, the following:
ORDER Petition is allowed.
The petitioner shall be released on bail in connection with Crime No.24/2018 for the offences punishable under Sections 406, 417, 418, 420 and 188 of Indian Penal Code, on the file of Prl. J.M.F.C. at Kalaburagi, on following conditions:
i. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court.6
ii. The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses. iii. The petitioner shall make himself available to the Investigating Officer as and when required for the purpose of further investigation and interrogation, etc. iv. The petitioner shall attend the Court on all the future hearing dates, unless exempted for any genuine reason by the Court. v. The petitioner shall not leave the jurisdiction of the trial Court, without prior permission of the trial Court till the case registered against him is disposed off.
Sd/-
JUDGE KJJ