Karnataka High Court
Rudragouda Patil vs State Of Karnataka And Ors on 7 December, 2023
Author: K Natarajan
Bench: K Natarajan
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K NATARAJAN
CRIMINAL PETITION NO. 200189 OF 2023 (482)
BETWEEN:
RUDRAGOUDA PATIL @ R.D. PATIL,
S/O DEVENDRAPPA PATIL,
AGED ABOUT 38 YEARS,
R/O H.NO.42, HIG1, EAST WING,
OLD AIRPORT LAND,
AKKAMAHADEVI COLONY,
KALABURAGI-585107
...PETITIONER
(BY SRI.M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
SRI.ASHOK MULAGE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH STATION HOUSE OFFICER
CHOWK POLICE STATION, KALABURAGI
REPRESENTED BY ITS ADDITIONAL STATE
PUBLIC PROSECUTOR, KALABURAGI BENCH,
KALABURAGI-585101.
2. K.H.DILEEP KUMAR
INSPECTOR, FIU, CID, BENGALURU-560001.
3. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
STATION BAZAR POLICE STATION,
GULBARGA, REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
GULBARGA-585107.
2
4. SRI PRAKASH RATHOD
DEPUTY SUPERINTENDENT OF POLICE,
CID UNIT, BENGLAURU CITY-1,
KARNATAKA
5. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
STATION BAZAR POLICE STATION,
GULBARGA, REPRESENTED BY
ADDITIONAL STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
GULBARGA-585107.
6. SRI PRAKASH RATHOD
DEPUTY SUPERINTENDENT OF POLICE,
CID UNIT, BENGALURU CITY-01,
KARNATAKA
7. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
ASHOK NAGAR POLICE STATION,
GULBARGA, REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
GULBARGA-585107.
8. SRI SHIVAPRASAD NELLUR,
DETECTIVE SUB-INSPECTOR, C.C.D.,
C.I.D., BENGALURU-500001,
KARNATAKA.
9. STATE OF KARNTAKA
BY THE STATION HOUSE OFFICER,
ASHOK NAGAR POLICE STATION,
GULBARGA, REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
GULBARGA-585107.
10. SRI SHIVAPRASAD NELLUR,
DETECTIVE SUB-INSPECTOR, C.C.D.,
C.I.D., BENGALURU-500001
KARNATAKA.
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11. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
ASHOK NAGAR POLICE STATION,
GULBARGA, REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
GULBARGA-585107.
12. SRI SHIVAPRASAD NELLUR
DETECTIVE SUB-INSPECTOR, C.C.D.,
C.I.D., BENGALURU-500001
KARNATAKA.
13. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
ASHOK NAGAR POLICE STATION,
GULBARGA, REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
GULBARGA-585107.
14. SRI SHIVAPRASAD NELLUR
DETECTIVE SUB-INSPECTOR, C.C.D.,
C.I.D., BENGALURU-500001
KARNATAKA.
15. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
UNIVERSITY POLICE STATION,
GULBARGA, REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
GULBARGA-585107.
16. SRI SHIVAPRASAD NELLUR
DETECTIVE SUB-INSPECTOR, C.C.D.,
C.I.D., BENGLAURU-500001, KARNATAKA
17. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
RAMAMURTHY NAGAR POLICE STATION,
BENGALURU CITY, REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
GULBARGA-585107.
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18. SRI SHIVAPRASAD NELLUR
DETECTIVE SUB-INSPECTOR, F.I.U.,
C.I.D., BENGALURU-500001
KARNATAKA
19. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
KYATASANDRA POLICE STATION,
TUMKUR, REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
GULBARGA-585107.
20. SRI CHANDRAHAS T.N.,
DETECTIVE SUB-INSPECTOR, C.C.D.,
C.I.D., BENGALURU-500001
KARNATAKA.
21. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
DHARWAD SUB-URBAN POLICE STATION,
DHARWAD, REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
GULBARGA-585107.
22. SRI CHANDRAHAS,
DETECTIVE SUB-INSPECTOR, C.C.D.,
C.I.D., BENGALURU-500001,
KARNATAKA.
...RESPONDENTS
(BY SRI.B.N.JAGADEESHA, ADDL. SPP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO CLUB/MERGE THE FIRST INFORMATION REPORTS
AND CHARGE SHEETS IN CRIME NO.48/2022 OF CHOWK POLICE
STATION, KALABURAGI, PENDING ON THE FILE OF PRINCIPAL
SESSIONS JUDGE, KALABURAGI, IN SPL. CASE (CORRUPTION)
NO.7/2022 AND ETC.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 28.11.2023, THIS DAY, THE COURT PRONOUNCED
THE FOLLOWING:
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ORDER
This petition is filed by the petitioner-accused No.14 under Section 482 of Cr.P.C., praying this Court (i) to club/merge the FIR and charge sheet in Crime No.48/2022 of Chowk Police Station, Kalaburagi, pending on the file of Principal District and Sessions Judge, Kalaburagi, in Special Case (Corruption) No.7/2022 with the following:
a) Crime No.57/2022 of Station Bazar Police Station, Kalaburagi, for the offences punishable under Sections 120-B, 409, 420 r/w Sections 34, 36 and 37 of IPC, and charge sheet in C.C.No.15193/2022 pending on the file of Principal JMFC, Kalaburagi.
b) Crime No.79/2022 of Station Bazar Police Station, Kalaburagi, for the offences punishable under Sections 120-B, 409, 420 r/w Sections 34, 36 and 37 of IPC and charge sheet in C.C.No.17174/2022 pending on the file of Principal JMFC, Kalaburagi.6
c) Crime No.96/2022 of Ashok Nagar Police Station, Kalaburagi, for the offences punishable under Sections 120-B, 109, 201, 204, 411, 420 r/w Sections 34, 36 and 37 of IPC, and charge sheet in C.C.No.18934/2022 pending on the file of V-Additional JMFC, Kalaburagi.
d) Crime No.97/2022 of Ashok Nagar Police Station, Kalaburagi, for the offences punishable under Sections 120-B, 109, 201, 204, 411, 420 r/w Sections 34, 36, 37 and 149 of IPC, and charge sheet in C.C.No.18935/2022 pending on the file of V-Additional JMFC, Kalaburagi.
e) Crime No.98/2022 of Ashok Nagar Police Station, Kalaburagi, for the offences punishable under Sections 120-B, 109, 201, 204, 411, 420 r/w Sections 34, 36, 37 and 149 of IPC, and charge sheet in C.C.No.18937/2022 pending on the file of V-Additional JMFC, Kalaburagi.7
f) Crime No.99/2022 of Ashok Nagar Police Station, Kalaburagi, for the offences punishable under Sections 120-B, 109, 201, 204, 411, 420 r/w Sections 34, 36, 37 and 149 of IPC, and charge sheet in C.C.No.18938/2022 pending on the file of V-Additional JMFC, Kalaburagi.
g) Crime No.182/2022 of University Police Station, Kalaburagi, for the offences punishable under Sections 120-B, 109, 114, 409, 420 r/w Sections 34, 36 and 37 of IPC, and charge sheet in C.C.No.18573/2022 pending on the file of III-Additional JMFC, Kalaburagi.
h) Crime No.415/2022 of Ramamurthy Nagar Police Station, Bengaluru City, for the offences punishable under Sections 120-B, 109, 114, 409, 420, 201 r/w Sections 34, 36, 37 and 149 of IPC, and charge sheet in C.C.No.1465/2023 pending on the file of I-A.C.M.M., Bengaluru.
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i) Crime No.247/2022 of Kyatasandra Police Station, Tumkur, for the offences punishable under Sections 120-B, 201, 409, 420 r/w Sections 34 and 37 of IPC, and charge sheet in C.C.No.148/2023 pending on the file of Principal Civil Judge and JMFC, Tumkur.
j) Crime No.216/2022 of Dharwad Sub-
Urban Police Station, Dharwad, for the offences punishable under Sections 120-B, 201, 409, 420 r/w Sections 34 and 37 of IPC, and charge sheet in C.C.No.42/2023 pending on the file of Principal Civil Judge and Principal JMFC, Dharwad.
(ii) and pass any other reliefs to which the petitioner is entitled under the facts and circumstances of the case.
2. Heard Sri.M.S.Shyam Sundar, learned Senior Counsel appearing on behalf of the petitioner's counsel and Sri.B.N.Jagadeesha, learned Additional State Public Prosecutor for the respondents-State.
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3. Case of the petitioner is that Chowk Police, Kalaburagi, registered FIR against the petitioner and others in Crime No.48/2022 for the offences punishable under Sections 109, 114, 119, 120-B, 201, 202, 204, 212, 409, 411, 420, 465, 468, 471, r/w Sections 34, 36, 37 and 149 of IPC, alleging that the petitioner is involved in helping the candidates who wrote PSI examinations conducted on 03.10.2021 by receiving huge money and by providing Bluetooth to the candidates and also in collusion with other accused tampered the OMR sheets and facilitated the candidates to get more marks in the examination for selecting to the post of PSI. A WhatsApp message was viewed by the public and the then Government entrusted the matter to one K.H.Dileep Kumar, Police Inspector of CID, Bengaluru, to make enquiry and accordingly, after conducting enquiry, he has submitted report stating involvement of the petitioner in helping the candidates for getting more marks. Accordingly, a case was registered in Crime No.48/2022 before Chowk Police Station, Kalaburagi. 10
4. The State Government deputed a team consisting 18 persons, for the purpose of investigation and during the investigation, it was found that this accused has involved in receiving money from various candidates and helped those candidates in various examinations centers at Kalaburagi, Bengaluru, Tumkur and Dharwad. Accordingly, 10 more FIRs were registered in various Police Stations, as stated above, other than the FIR in Crime No.48/2022. Hence, the petitioner has filed this petition for clubbing all the cases into one case or for merging all the FIRs in Crime No.48/2022.
5. Learned Senior Counsel appearing for the petitioner contended that the investigation taken up by the Police against the petitioner is blatantly illegal, malafide and hence, deserves to be quashed and further, contended that the FIRs registered by the Police against the petitioner is not in consonance with the spirit of Sections 154 and 156 of Cr.P.C. The law on the point is no more res-integra and fairly well settled by the Hon'ble Supreme Court in the case of 11 T.T.Antony vs. State of Kerala reported in 2001 SCC (Cri) 1048. All the case are registered by the Police Officers who are the Investigating Officers during the investigation of Crime No.48/2022. The allegation against the petitioner in all the FIRs are regarding malpractice in the PSI examination held on 03.10.2021 and therefore, the question of registering separate FIRs for the single offence does not arise. Therefore, all the FIRs shall be merged into Crime No.48/2022 and should be tried as one offence. Filing different charge sheets for the same offences is in violation of the fundamental rights guaranteed under Articles 19 and 21 of the Constitution of India. Hence, he prayed for allowing the petition.
6. Per contra, Sri.B.N.Jagadeesha, learned Additional State Public Prosecutor for the respondents-State contended that the petitioner has involved in various offences and committed the offences in different Police Station limits and several accused persons are involved in the offence. The cases were registered pertaining to the offences committed 12 in the examination centers in various places and all the offences are distinct offences and different offences. Though it was PSI exanimation scam, there were three mode of malpractice done, first one is, by helping the candidates through Bluetooth, second one is, tampering the OMR answer sheets in the examination centre itself and third one is, tampering the OMR answer sheets in the strong room at Bengaluru. Various cases were registered at Bengaluru against the Police Officials including the ADGP. The amount was received by the petitioner-accused from different candidates and helped them in the examination with the help of various accused persons. Therefore, all the cases cannot be merged into one case. He further contended that if at all the accused committed similar three offences, in one year, there can be joint trial permitted under Section 219 of Cr.P.C., and further contended that almost in all cases the CID Police have filed preliminary charge sheets and in some of the cases, further investigation is under progress. He contended that the first case i.e., Crime No.48/2022 is 13 pending before the Principal Sessions Judge, Kalaburagi wherein the provisions of Prevention of Corruption Act has been invoked by the Police, whereas the other cases are triable by the learned Magistrate. Therefore, question of merging the FIRs does not arise. There are various accused persons of Dharwad, Bengaluru and Tumkur and therefore the cases cannot be clubbed and tried at Kalaburagi, as it will cause inconvenience to those accused persons. Even the witnesses are from those part of the State. Therefore, it is contended that the FIR cannot be merged into one case/one FIR.
7. Learned Additional State Public Prosecutor further contended that the petitioner had approached this Court by filing the petitions which came to be dismissed on 27.09.2022 in Criminal Petition No.200948/2022 and connected matters. Thereafter, challenging the said order, the petitioner approached the Hon'ble Supreme Court wherein the Hon'ble Supreme Court has directed the petitioner to approach this Court for reliefs, if it is 14 permissible. Therefore, he prayed for dismissal of the petition.
8. In support of their arguments both the learned Senior counsel appearing for the petitioner and the learned Additional State Public Prosecutor relied upon the various judgments of the Hon'ble Supreme Court.
9. Having heard the arguments of the learned counsel for the parties and on perusal of the records, the points that would arise for consideration are :
i. Whether the petitioner has made out a case that all the cases registered by various Police Stations in Kalaburagi, Bengaluru, Tumkur and Dharwad, are all one offence falls under Crime No.48/2022 of Chowk Police Station?
ii. Whether the petitioner is entitled for the relief as prayed in the petition?
10. The learned Senior Counsel appearing for the petitioner relied upon the judgment of the Hon'ble Supreme 15 Court in the case of Arnab Ranjan Goswami vs. Union of India and others reported in (2020) 14 SCC 12 wherein the Hon'ble Supreme Court has held that for same cause of action, there cannot be multiple FIRs and by retaining one FIR, all other FIRs shall be treated as statements and directed to merge all the FIRs in one case. In the said case, there is one cause of action and multiple FIRs were registered in various parts of the Country. Hence, the Hon'ble Supreme Court quashed all the FIRs and ordered to maintain one FIR for investigation.
In the case of C.Muniapaan and others vs. State of Tamil Nadu reported in (2010)9 SCC 567, the Hon'ble Supreme Court held that the confessional statement of the accused is inadmissible except for recovery under Section 27 of the Evidence Act.
In the case of Radhe Shyam vs. State of Haryana and others in W.P.(Criminal) No.75/2020 disposed of on 12.05.2022, the Hon'ble Supreme Court directed to club all 16 the FIRs and to proceed together for one trial by invoking the power under Article 142 of the Constitution of India.
In the case of Abhishek Singh Chauhan vs. Union of India and others in W.P.(Criminal) No.40/2022 disposed of on 13.07.2022, the Hon'ble Supreme Court has taken similar view where the CBI filed charge sheet under the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, Madhya Pradesh Investor Protection Act, 2000 and Chhattisgarh Protection of Depositors Interest Act, 2005, and directed to club the matters in each of the States.
In the case of N.V.Sharma vs. Union of India and others in Miscellaneous Application No.1238/2022 arising out of W.P.(Criminal) No.239/2022 disposed of on 10.08.2022, in respect of a telecasting of news in a TV channel, various FIRs were registered in different Police Stations in different States where the Hon'ble Supreme Court directed to consider as one offence.
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In the case of Navika Kumar vs. Union of India and others in W.P.(Criminal) No.286/2022, disposed of on 23.09.2022, the Hon'ble Supreme Court directed the concerned authority to file one charge sheet arising out of the same incident wherein different FIRs were registered in various States.
In the case of Vivek Gupta vs. Central Bureau of investigation and another reported in (2003)8 SCC 628, the Hon'ble Supreme Court considered Sections 220 and 223 of Cr.P.C., regarding clubbing of the cases and trying the offences together.
11. By keeping in mind all the principles laid down by the Hon'ble Supreme Court in the above said cases relied upon by the learned Senior counsel appearing for the petitioner, now coming to the fact of the case wherein various cases are registered by the Police, in all, 11 FIRs, the details of which are mentioned below:
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Sl. Police Sections Accused details Candidates Place of Offence Complainant No station and crime no
1. Kalaburagi U/s 109, A-1 Veeresh halli A-9 1. Conspiracy place- Sri. Dilipkumar City chowk 114, Hayyali N. K H., Police A-2 Savithree P.S. Crime 119, 120 Desai Inspection Bungalow Inspector FIU Nagesh Kaaba No: (B), 201, Afazalpur Cid, Bengaluru 48/2022 202, A-3 Suma M. 204, 2. Deal Amount Received Kambalimath 212, Place:
409, A-4 Siddamma 411, Near Bus Stand Goudar Biradar 420, Kalaburagi 465, 468, A-5 Nandagoan 3. Bluetooth Given Place:
471, 477 Chethan
(a) r/w Near Bus Stand
34, 36, Kalaburagi
A-6 Praveenkumar
37, 149
K.
IPC and 4. Exam centre:
u/s 7(a)
A-7 Arun Kumar
and 7(c) Block 13a, Jnana Jyothi
of English Medium School
Preventi A-8 Rajesh Hagargi Kalaburagi
on of
Corruptio A-9 Hayyalli N.
n act- Desai A-12 Vishal 1. Conspiracy place: 1988
R.D. Patil Residence A-10 Rudragouda Balramappa
2. Deal Amount Received Place:
A-11 Sharanabasappa R.D. Patil Residence Borgi
3. Bluetooth give place:
A-12 Vishal Shiroor Ram Mandir Kalburagi A-13 Mahanthesh Patil 4. Exam Centre:
Block 11 a Jnana Jyothi A-14 Rudra Gouda English Medium School Patil@ R.D.Patil Kalaburagi.
A-15 Mallikarjuna A-16 1. Conspiracy Place:
Melkundi N.V.Sunil
R.D. Patil Residence
A-16 N.V.Sunil
2. Deal Amount Received
A-17 Huvvamma @ Place:
Jyothi Patil
R.D. Patil Residence
19
A-18 Divya Rajesh
Haagargi
3. Bluetooth given place:
A-19 Archana
Shivakumar Ram Mandir Kalburagi
4. Exam Centre:
A-20 Sunanda @
Sunitha
Block 21a, Jnana Jyothi
English Medium School
A-21 Suresh
Kalaburagi.
Kattagon
A-22 Kalidas
Haridas
A-23 Saddam
Hussain
A-24 Manjunatha
Melkundi
A-25 Sridhar Pawar
A-26 Kashinath
Chill
A-27 Anand Methri
A-28 Mallikarjuna
Saali
A-29 Vijynath K.
Revoor
A-30 Shanthibhai
Bassyanayak
A-31 Bassyanayak
A-32 Mohammad
Ayyub
A-33 Aslam
Mujavar
A-34 Vasanthrai
Naribol
2. Kalaburagi 212, A-1 Rudragouda A-3 Prabhu 1. Conspiracy Place: Sri. Prakash
City 120(B) Patil @ R.D. Patil Rathod, DYSP,
Station 409, Car Parking lot, FIU, CID,
Bazar P.S 420, r/w A2- Chandrakanth Supermarket, BENGALURU
Crime No: 34, 36, Kulakarni Kalaburagi.
57/2022 37 IPC
A3- Prabhu
20
(candidate) 2. Deal Amount Received Place:
A4- Sharanappa
Near R.D. Patil
A5- Kashinath Chill Residence,
Akkamahadevi Colony
A6- Prakash Kallur
3. Bluetooth Given Place:
A7- Basavaraju
Hudagi Near Akkamahadevi
Colony Bus Stop
A8- Mahesh
Hirohalli 4. Exam centre:
Block 2a, m.s. Irani Arts,
Science, Commerce
Degree College
Kalaburagi.
A-9 1. Conspiracy Place:
Vijayakumar Near Karajgi Cross, Afzalpur. Almel Main Road
2. Deal Amount Received Place:
Near gour (b) Cross, Gour (b) Road
3. Bluetooth given place:
Near Yeshaswini Umanagar Layout, Sedam Road, Kalaburagi
4. Exam centre:
Block 9a, block 2a, m. S. Irani arts, Science, Commerce Degree College Kalaburagi.
3. Kalaburagi 120B, A1- Ismail Khadir A-1 Ismail 1. Conspiracy Place: R.D. Sri. Praksh City 201, s/o Modin Sab khadir Patil Residence Rathod DYSP, Station 204, FIU, CID, Bazar 409, 420 A2- Rudragouda 2. Deal Amount Received Bengaluru Crime no. r/w 34, Patil @ R.D. Patil Place R.D. Patil P.S 36, 37 Residence 79/2022 IPC. 3- Saifan s/o Modin Sab 3. Bluetooth Given Place:
Preetham Lodge A4- Md. Ayub @ Kalaburagi Munaf A5- Ajaruddin 21 A-7 1. Conspiracy place:
A6- Aslam Mujavar Vishwanath
R.D. Patil Residence &
A7- Vishwanath Gour (B) Village
Timmappa Mane
2. Deal Amount Received
A8- Kashinath Chill Place:
Sharan Shirasagi Maddi
3. Bluetooth Given Place:
Sharan Shirasagi Maddi
4. Exam Centre: Block
19a, the New Noble Girls
High School Kalaburagi.
4. Kalaburagi 109, A-1 Raviraja S/o A-1 Raviraja 1. Conspiracy place: Sri.
City Ashok 114, Revansiddappa s/o Shivaprasad
Nagar P.S. 120(B), Akhande Revanasidda KHB Colony Public Road, Nellur
Crime No. 409, 420 ppa Ring Road Near High Detective Sub
96/2022 r/w 34, A-2 Peerappa Court Kalaburagi Inspector
36, 37, Sayabanna Hatti Bengaluru
149 IPC 2. Deal amount received
A-3 Srishaila place:
Gurusiddappa
Hachada Khb Colony Public Road,
Ring Road Near High
A-4 Rudra Gouda Court Kalaburagi
Patil@ R.D. Patil
3. Bluetooth Given Place:
A-5 Raashekar
Amogi Pujai Near Water Tank,
Vidyanagar Kalaburagi
A-6 Kashinatha
4. Exam Centre:
A-7 Kyamagonda
Sri
A-8 Officers and Sharanabasaveshwara
Staff and Others Arts College Kalaburagi.
II A-2 1. Conspiracy Place:
Peerappa
Sayabanna Near Sai Mandir Cross,
Hatti Jeevargi Road Kalaburagi
2. Deal Amount Received
Place:
Near Sai Mandir Cross
Jeevargi Road,
Kalaburagi
22
3. Bluetooth Given Place:
Near Kanni Market Cross
Kalaburagi
4. Exam Centre:
Sri Sharanabasaveshwar
Arts College Kalaburagi
II A-3 1.Conspiracy Place:
Srishail S/o
Gurusiddapp Near Raitha Samparka
a Kacheri, Jeevargi Road,
Kalaburagi
2. Deal Amount Received
Place:
Near Raitha Samparka
Kacheri Jeevargi Road,
Kalaburagi
3. Bluetooth Given Place:
Near Union Bank Vidya
Nagar Kalaburagi
4. Exam Centre:
Sri
Sharanabasaveshwara
Arts College Kalaburagi
5. Kalaburagi 109, A-1 Bhagavanta A-1 1. Conspiracy Place: Sri.
City Ashok 114, Raya Bhagavantar Shivaprasad
Near Dhanvantary
Nagar P.S. 120(B), aya Nellur
Hospital Kalaburgi
Crime No. 409, 420 A-2 Rudragouda Detective Sub
97/2022 r/w 34, Patil @ R.D. Patil Inspector,
2. Deal Amount Received
36, 37, CCD, CID
Place:
149 IPC A-3 Officers and Bengaluru
Staffs of Exam Near Udnoor Cross
Centre. (Green Park) and
Opposite to Mastif Hotel
Kalaburagi.
3. Bluetooth Given Place:
Near S. B. College
Compound.
4. Exam Center:
Block 36(a), Shri
Sharabasveshwar
University.
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6. Kalaburagi 109, A-1 Siddugouda A-1 1. Conspiracy Place: Sri.
City Ashok 114, A-2 Rudragouda Siddugouda Shivaprasad
Nagar P.S 120(B), Patil @ R.D. Patil Near Akkamahadevi Nellur
Crime No 409, 420 A-3 Members of Colony Near High Court Detective Sub
98/2022 r/w 34, R.D. Patil Team 1st Gate Inspector,
36, 37, CCD, CID
149 IPC A-4 Officers and 2. Deal Amount Received Bengaluru
Staffs lf Exam Place:
Centre
Near Akkamahadevi
Colony Near High Court
1st Gate
3. Bluetooth Given Place:
Near Goutam Buddha
School Kalaburagi
4. Exam Centre:
Block 38(a). Shri
Sharabasveshwar
University,
Sharanabasaveshwar
College for Science,
Kalaburagi.
7. Kalaburagi 109, A-1 Somnath A-1 Somnath 1. Conspiracy place: Sri.
City Ashok 114, Shivaprasad
Nagar P.S 120(B), A-2 Rudragouda Near Kotnoor Matha Bus Nellur
Crime No 409, 420 Patil @ R.D.Patil Stop Detective Sub
99/2022 r/w 34, Inspector,
36, 37, A-3 Members of 2. Deal Amount Received CCD, CID
149 IPC R.D. Patil Team Place: Bengaluru
A-4 Officers and Near Naganahalli Cross
Staffs of Exam Naganahalli Road
Centre. Kalaburagi
3. Bluetooth Given Place:
Jevargi Cross to SB
College Road Near Port
and in Land Water
Transport
8. Kalaburagi 109, A-1 Kallappa A-1 Kallappa 1. Conspiracy Place: Sri.
City 114, Siddappa Allapur Siddappa Shivaprasad
University 120(B), Allapur Ring Road Near High Nellur
P.S Crime 409, 420 A-2 Somanath Court Kalaburagi Detective Sub
No r/w 34, Inspector,
182/2022 36, 37, A-3 Rudra Gouda 2. Deal Amount Received CCD, CID
149 IPC Patil @ R.D. Patil Place: Bengaluru
24
A-4 Mallappa s/o Ring Road Near High
Dasharath Jamadar Court Kalaburagi
A-5 Members of 3. Bluetooth Given Place:
R.D. Patil Team
Near Ram Mandir
A-6 Officers and Kalaburagi
Staffs of Exam
Centre 4. Exam Centre:
Block 22, Government
Degree College
(autonomous) Sedam
Road Kalaburagi.
9. Bengaluru 109, A-1 Lakkappa s/o A1 Lakkappa 1. Conspiracy Place: Sri.
City 114, 120 Ravutappa S/o Shivaprasad
Ramamurt (B), 409, Ravutappa Akka Mahadevi West Nellur
hy Nagar 420 r/w A-2 Srinivas Colony, Near Lakshmi Detective Sub
P.S 34, 36, Goundi Temple, Next Brother Inspector,
37, 149 Mahantesh Patil House CCD, Cid
Crime No- IPC A-3 Rudra Gouda Bengaluru
415/2022 Patil @ R.D. Patil 2. Deal Amount Received Place:
A-5 Sunil Goundi
Ganagapur, Kalaburagi
A-6 Kashinatha District
3. Bluetooth Given Place:
Akka Mahadevi West
Colony, Near Lakshmi
Temple, Next Brother
Mahantesh Patil House
4. Answering Place:
Govt. Higher Primary
School, Ibrahimpur and
sr Rameshwar Temple,
Near Ibrahimpur
5. Exam centre:
New Horizon College,
Kasthuri Nagar ,
Bengaluru
10 Khyathsan 120(B), A-1 Shrishail A-1 Shrishail 1. Conspiracy Place: Sri.
. dra Police 409, Biradar Biradar Chandrahasa,
Station, 420, Jewargi bypass, Jewargi, Detective Sub
Tumukuru 201, r/w A-2 Shankrappa Kalaburagi Inspector, CCD
25
District 34 & 37 CID Bengaluru
IPC A-3 Chandugowda 2. Deal Amount Received Crime No- Police Patil Place: 247/2022
A-4 Rudra Gowda Jewargi Town
Devndrappa Patil@ Basveshwar Circle
R.D. Patil
3. Bluetooth Given Place:
A-5 Kashinath
Jewargi Town,
Basveshwar Circle
3. Exam Centre:
Shree Siddlingeshwar
Residential High School,
Siddganga Mutt
11 Dharwad 120(B), A-1 Srimantha A-1 1. Conspiracy Place: Sri.
. Sub Urban 409, Sathapur Srimantha Chandrahasa,
P.S 420, Sathapura Akkamadevi colony, 30 Detective Sub
Dharwad 201, r/w A-2 Rudra Gowda S/o fit Road, House No. Mig- Inspector,
City- 34 & 37 Devndrappa Patil Mallikarjuna 63/5 Shivani Nilaya CCD, CID,
IPC @ R.D. Patil Opposite R.D. Patil Bengaluru
Crime No. Construction Building
216/2022 A-3 Kashinatha Kalaburagi
2. Deal Amount Received
Place:
Akkamadevi Colony, 30
fit Road, House No. Mig-
63/5, Shivani Nilaya
Opposite R.D. Patil
Construction Building
Kalaburagi
3. Bluetooth Given Place:
Akkamadevi Colony, 30
fit Road House No. Mig-
63/5, Shivani Nilaya
Opposite R.D. PATIL
Construction Building
Kalaburagi.
4. Exam Centre:
St Joseph High School,
College road, Dharwad
Town
26
12. On perusal of the allegations made in the FIRs especially, in the first FIR registered in Crime No.48/2022 of Chowk Police, Kalaburagi, it would reveal that the Police have already filed charge sheet against 34 accused persons including three public servants viz., accused Nos.27 to 29. In this case, there are three candidates who conspired with the petitioner viz., accused No.9-Hayyali Ninganna Desai, Accused No.12-Vishal and accused No.16-N.V.Sunil and they have paid the money in different places for helping them in the exam by using the Bluetooth. They have paid different amounts to accused No.14, the present petitioner and offences were committed at Afzalpur Inspection Bungalow with accused No.9, at the house of the accused-petitioner at Kalaburagi, the exam centers were Jnana Jyothi English Medium School Kalaburagi. Accused Nos.9, 12 and 16 have paid money to accused No.14 and written exams at Jnana Jyothi English Medium School, Kalaburagi, which comes within the jurisdiction of Chowk Police Station where an FIR was registered in Crime No.48/2022 and the police 27 have filed charge sheet for both IPC offences and under the Prevention of Corruption Act against the public servants. Now the case is pending before the Principal District and Sessions Judge, Kalaburagi in Special Case (Corruption) No.7/2022.
13. In the second case, in Crime No.57/2022 the present petitioner is shown as accused No.1 and charge sheet came to be filed against 09 accused persons for the offences punishable under Sections 212, 120-B, 409, 420 r/w Sections 34, 36 and 37 of IPC. Accused No.3-Prabhu and accused No.9-Vijaykumar are the beneficiaries and they have written examination in the examination centre-Block 2A, M.S.Irani Arts, Science, Commerce Degree College, Kalaburagi. Accused No.1 has helped the beneficiaries through Staffs of the college and other persons for writing examination through Bluetooth. The Investigating Officer in this case is Sri.Prakash Rathod, Dy.SP. Accused No.3 conspired with accused No.1 at Super Market, Kalaburagi and amount was received in the house of the petitioner and Bluetooh was given near Akkamahadevi Colony Bus Stop. 28
Accused No.9 met the petitioner in Afzalpur and the amount was received near Gour(B) Cross, Gour(B) Road. The Bluetooth was given to accused No.9 at Sedam Road, Kalaburagi. The exam was conducted within the limits of Station Bazar Police Station, Kalaburagi.
14. In the third case, Crime No.79/2022 is registered against 08 persons. Accused No.1-Ismail Khadir and accused No.7-Vishwanath are the beneficiaries and they wrote examination at Block-19a, New Noble Girls High School, Kalaburagi. The Bluetooth were given in different places and conspiracy was held in the house of the petitioner. In this case, the Police have investigated the matter and filed charge sheet.
15. In the fourth case, Crime No.96/2022 is registered by Ashok Nagar Police, Kalaburagi and there are 08 accused persons. The petitioner is accused No.4. There were three beneficiaries i.e., accused No.1 - Raviraja, accused No.2-Peerappa Sayabanna Hatti and accused No.3- 29 Srishaila and all of them have written examination at Sharanabasaveshwara Arts College, Kalaburagi. One Shivaprasad Nellur is the Investigating Officer and he has filed charge sheet. The conspiracy took place in different places and Bluetooths were given in some other places.
16. In the fifth case, Crime No.97/2022 is registered by Ashok Nagar Police Station, Kalaburagi. There are three accused persons. The petitioner is accused No.2. Preliminary charge sheet has been filed and the matter is still under further investigation. There are some more Officers and the Staff of the college involved in the case. Accused No.1- Bhagavantaraya is the beneficiary. Bluetooth was given near S.B.College compound. The examination was conducted in Block 36(A), Shri.Sharanabasaveshwara University, altogether different examination center. One Shivaprasad Nellur is the Investigating Officer.
17. In the sixth case, Crime No.98/2022 is registered by Ashok Nagar Police Station, Kalaburagi, against 04 30 accused persons. The petitioner is accused No.2. Accused No.1-Siddugouda is the beneficiary. The matter is under further investigation. The Officers and the Staff of the exam centres are yet to be enquired. Bluetooth was given near Goutam Buddha School, Kalaburagi. The amount was received near Akkamahadevi Colony. The exam centre was Block-38(A) Shri.Sharanabasaveshwara University, Sharanabasaveshwara College for Science, Kalaburagi. One Shivaprasad Nellur, Sub-Inspector is investigating the matter.
18. In seventh case, Crime No.99/2022 is registered by Ashok Nagar Police Station, Kalaburagi. Three accused were named in the FIR and the matter is still under investigation and some more accused i.e., Staff and Officers of the exam centre have also involved. Accused No.1- Somnath is the beneficiary. The petitioner is accused No.2. The conspiracy was held near Kotnoor Matha bus stop and the amount was given near Naganahalli Cross, Kalaburagi. The examination centre was Block-10(A), Shri.Sharanabasaveshwara University, Godutai Engineering 31 College for Women. Bluetooth was given near Port and Inland Water Transport Office, Kalaburagi.
19. In the eight case, Crime No.182/2022 is registered by Kalaburagi City University Police and five accused persons are named in the FIR. The petitioner is named as accused No.3. Accused No.1-Kallappa Siddappa Allapur is the beneficiary. The conspiracy was held and the amount was received near Ring Road, High Court, Kalaburagi. Bluetooth was given near Ram Mandir, Kalaburagi. The examination centre was Block-22, Government Degree College (Autonomous) Sedam Road, Kalaburagi. One Shivaprasad Nellur is the Investigating Officer.
20. In the ninth case, Crime No.415/2022 is registered by Ramamurthy Nagar Police Station, Bengaluru, against six accused persons. Accused No.1-Lakkappa is the beneficiary. The petitioner is accused No.3. The conspiracy was held in the house of brother of the petitioner at 32 Kalaburagi. Amount received by the accused at Ghanagapur. Bluetooth was given in the house of his brother. Answering place was Government Higher Primary School, Ibrahimpur and Sri.Rameshwara Temple, near Ibrahimpur. The exam centre was New Horizon College, Kasthuri Nagar, Bengaluru. The offence was committed at Bengaluru and examination centre is different and different accused is the beneficiary.
21. In tenth case, Crime No.247/2022 is registered by Kyathsandra Police Station, Tumkur, against 05 accused persons wherein petitioner is accused No.4. The conspiracy was held in Jewargi and amount was received at Jewargi. Bluetooth was given at Jewargi. The examination was conducted at Shree.Siddalingeshwara Residential High School Siddaganga Mutt, Tumkur. The FIR has been registered on 14.10.2022. One Chandrahasa, Sub-Inspector is conducting investigation.
22. In the eleventh case, Crime No.216/2022 is registered by Dharwad Sub-Urban Police Station, Dharwad, 33 against three persons wherein the petitioner is named as accused No.2. Accused No.1-Srimantha is the beneficiary. The conspiracy, giving of Bluetooth and receiving the money was near Akkamahadevi Colony, Kalaburagi. The examination centre was St. Joseph High School, Dharwad Town.
23. On perusal of these FIRs, it would indicate that in all, 11 cases are registered in different Police Stations. 08 FIRs are registered at Kalaburagi in different Police Stations and out of 03 FIRs, one each FIR has been registered at Dharwad, Tumkur, and Bengaluru. Only the petitioner- R.D.Patil, is the common accused in all the FIRs, but the other accused persons, the beneficiaries, the answering persons, examination centres, amount received by the accused, are all different including the staffs of the concerned examination centres in various colleges and schools. It is not the case where one offence is committed and on the same cause of action, various FIRs were registered. The accused persons have received amount from 34 different persons at different places, conspired with them and helped the persons for writing examinations by using Bluetooth supplied by him and the Bluetooths were carried by the candidates into the Examination Hall and the staff of the examination hall took out the photograph of the question papers, sent to the answering persons by WhatsApp and then, the answering persons contacted the candidates given options of questions papers and after giving signal from the candidates, they have given answers and accordingly, the candidates have answered the OMR sheets by rubbing and got passed the examination and also got selected. Though the examination of PSI was conducted on 03.10.2021 and the object of the accused for getting money is one and the same and the offence of helping the candidates through Bluetooth, may be similar, but it cannot be said that the accused persons committed single offence where the various FIRs are registered by the Police. The accused persons committed different offences and received money from various persons, took help from the answering persons by 35 paying money, engaged the staff of the concerned examination centres by paying money and keept the instrument/mobile in the examination Centre in the previous day and with the help of the invigilators/college officials got the copy of the question papers which was received by the answering persons and helped the candidates. The style of committing offence is similar but the offences were committed by the petitioner. The beneficiaries and examination centres were altogether different. Therefore, it cannot be said that it is an one offence wherein the multiple FIRs are registered. The modus operandi or style of offence may be similar, but it cannot be said to be one offence. On reading of the charge sheet materials particularly, column No.17 in all the cases, it reflects that there were similar type of offences committed by the accused in different colleges on the same day of the examination held on 03.10.2021.
24. In this regard, the learned Additional State Public Prosecutor relied upon the judgment of the Hon'ble Supreme Court in the case of Rameshchandra Nandlal Pairkh vs. 36 State of Gujarat and another reported in (2006)1 SCC 732 wherein at paragraphs-13, the Hon'ble Supreme Court has held that different offences were committed by the accused therefore, it cannot be considered as one FIR.
The Division Bench of Delhi High Court, has taken similar view in the case of State vs. Khimji Bhai Jadeja reported in 2019 SCC Online Del 9060 wherein at paragraph-63, it is held that the case of inducement, allurement, and cheating of large number of investors, public depositors in pursuance of the criminal conspiracy, each deposit by an investor constitute a separate and individual transaction and all the FIRs cannot be amalgamated.
In the case of State of Bihar and others vs. Anil Singh alias Anil Kumar Singh and others reported in 2021 SCC Online SC 1294, the Hon'ble Supreme Court set aside the judgment, quashing the FIRs, by the High Court of Judicature at Patna, holding that for the same offence, multiple FIRs has been registered.
37
In the case of State of Karnataka by CID vs. Greenbuds Agro Form Limited Company and others reported in 2021 SCC Online Kar 12475 this Court has taken similar view that when several FIRs are registered, single charge sheet cannot be filed and each FIR shall be investigated and separate charge sheet shall be filed and the Special Court can try the offences by invoking the provisions of Section 219 of Cr.P.C. The judgment of this Court has been upheld by the Hon'ble Supreme Court in the Special Leave to Appeal (Crl.) No.6052/2022 disposed of on 18.07.2022.
In recent judgment, the Hon'ble Supreme Court has also taken similar view in the case of Amandeep Singh Saran vs. State of Delhi and others in W.P.(Criminal) No.341/2022 dated 06.11.2023 holding that the judgment of the Hon'ble Supreme Court in the case of Pawan Khera vs. State of Assam and others in W.P.(Criminal) No.74/2023 is not applicable to that case. However, the Hon'ble Supreme Court directed the parties to 38 approach the concerned High Court of the respective States wherein different FIRs were registered in different States of the Country.
25. By considering the judgments of the Hon'ble Supreme Court and peculiar facts of the case, I am of the view that the present case is altogether different from the cases relied upon by the learned Senior Counsel appearing for the petitioner. It is PSI examination scam wherein the petitioner received crores of money from various candidates and helped them for writing examination in various centres by engaging different persons. Though it is similar offences, but it cannot be said the same offence arising out of same transaction to club or try the case as per Section 220 of Cr.P.C.
26. Therefore, all these FIRs cannot be clubbed or merged into one FIR in Crime No.48/2022 of Chowk Police Station, Kalaburagi. The Police have already filed separate charge sheet in various cases and further investigation is still 39 under progress. Such being the case, I hold that the petitioner has not made out a case for merging all 10 FIRs into one FIR as prayed in the petition. Apart from that the FIR in Crime No.48/2022 is triable by the Special Court as provisions of the Prevention of Corruption Act is invoked, whereas 07 other cases registered in Kalaburagi District especially, University Police, Ashok Nagar Police, Station Bazaar Police, shall be tried by the one of the Magistrate Courts at Kalaburagi who is having jurisdiction. However, three other cases which are registered at Dharwad, Bengaluru and Tumkur, shall be tried by the concerned jurisdictional Court. Those cases cannot be transferred to Kalaburagi as it may cause inconvenience to those accused as well as witnesses in the said case.
27. For the foregoing reasons, I proceed to pass the following:
ORDER The Criminal Petition filed by the petitioner for merging all the FIRs and charge sheets is hereby dismissed.40
However, (i) FIR in Crime No.96/2022 registered by Ashok Nagar Police Station, Kalaburagi, in C.C.No.18934/2022 (ii) Crime No.97/2022 of Ashok Nagar Police Station, Kalaburagi, in C.C.No.18935/2022, (iii) Crime No.98/2022 of Ashok Nagar Police Station, Kalaburagi, in C.C.No.18937/2022 and (iv) Crime No.99/2022 of Ashok Nagar Police Station, Kalaburagi, in C.C.No.18938/2022 pending on the file of V-Additional JMFC, Kalaburagi, are hereby withdrawn and transferred to Principal JMFC, Kalaburagi, to try along with Crime Nos.57/2022 and 79/2022 of Station Bazar Police Station, Kalaburagi, in C.C.Nos.15193/2022 and 17174/2022.
Crime No.182/2022 of University Police Station, Kalaburagi, in C.C.No.18573/2022 pending on the file of III-
Additional JMFC, Kalaburagi, is also withdrawn and transferred to Principal JMFC, kalaburagi to try along with C.C.Nos.15193/2022 and 17174/2022.41
The Principal JMFC, Kalaburagi, is hereby directed to hold the trial by following the procedure contemplated under Section 219 of Cr.P.C., by conducting joint trial for three cases committed by the accused within a year.
The Special Court, Principal District and Sessions Judge, Kalaburagi, shall conduct the trial in Special Case (Corruption) No.7/2022 arising out of Crime No.48/2022 of Chowk Police Station, Kalaburagi, and dispose the case independently.
The remaining cases pending on the file of JMFC, Tumkur; JMFC, Dharwad and I-A.C.M.M., Bengaluru, shall be conducted by the respective Courts, in accordance with law.
Pending I.As., if any, stand disposed of.
Sd/-
JUDGE NB CT: SI 42 KNJ:
PRONOUNCED ON 07-12-2023 ORDER IN CRIMINAL PETITION NO. 200189 OF 2023 (482) NB CT: SI