Karnataka High Court
Shri Maruthi Purle vs The State Of Karnataka on 12 April, 2023
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WP No. 7712 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
WRIT PETITION NO. 7712 OF 2020 (GM-RES)
BETWEEN:
SHRI. MARUTHI PURLE,
S/O SHRI BASAVARAJ,
AGED ABOUT 32 YEARS,
NO.25, ANURAGH NIVAS,
REVENUE LAYOUT,
RANICHENNAMMA NAGAR,
DHARWAD - 580 001.
...PETITIONER
(BY SRI SHYAM SUNDAR M. S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
RANE BENNURU POLIC STATION,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
Digitally signed by
DHARWAD.
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
2. SHRI PRKIRAPPA,
DHARWAD
AGED ABOUT 57 YEARS,
S/O UNKNOWN,
PRINCIPAL, RTES ARTS, SCIENCE
AND COMMERCE COLLEGE,
RENEBENNURU, HAVERI.
...RESPONDENTS
(BY SMT.GIRIJA S HIREMATH, HCGP FOR R1
SRI N.R. KUPPELUR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE INDIAN CONSTITUTION R/W SEC.482 OF THE
CODE OF CRIMINAL PROCEDURE PRAYING TO ISSUE AND
APPROPRIATE WRIT OR ORDER OF DIRECTION QUASHING THE
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WP No. 7712 of 2020
FIR AND INVESTIGATION IN CRIME NO.129/2019
RESPONDENT RANI BENNUR POLICE STATION, FOR THE
OFFENCES U/SEC.117 OF KARNATAKA EDUCATION ACT 1983,
66(D) AND 72(A) OF INFORMATION TECHNOLOGY ACT AND
SEC.418, 406, 417, 407, 420 AND 120B R/W SEC.34 OF
INDIAN PENAL CODE ARRAIGNING THE PETITIONER HEREIN
AS ACCUSED NO.1, PENDING ON THE FILE OF PRL. CIVIL
JUDGE (SNR.DVN) AND CJM, COURT, RANEBENNURU, HAVERI
DIST(VIDE ANNEXURE-A).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Petitioner who is arraigned as accused No.1 has filed this petition under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. for issue of an appropriate writ or order or direction quashing FIR and investigation in Crime No.129/2019 of Ranebennur Police Station for the offences punishable under Sections 117 of Karnataka Education Act, 1983, Sections 66(D) and 72(A) of Information Technology Act and Sections 418, 406, 417, 407, 420 and 120B r/w Section 34 Indian Penal Code so far as petitioner is concerned.
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2. It is contended by the petitioner that there is absolutely no involvement of petitioner in the alleged incident. On that day petitioner was busy with his sister's wedding. Without any basis, petitioner has been implicated. The only allegation against the petitioner is that he met the examinee a week before the examination. Hence the question of petitioner involving in the incident does not arise. Petitioner is not even a resident of the place of incident. There is absolutely no material to connect him with the alleged crime. The allegations made in the complaint does not attract the provisions of Sections 117 of Karnataka Education Act, 1983, Sections 66(D) and 72(A) of Information Technology Act and Sections 418, 406, 417, 407, 420 and 120B r/w Section 34 Indian Penal Code. The respondent-police are in the habit of registering cases against the petitioner and using it as a tool to make extortion. Petitioner is not an I.T. graduate. He is involved in social service and agriculture. He has no knowledge of technology and any communication devices. The -4- WP No. 7712 of 2020 allegations made against the petitioner are unsustainable and prays to allow the petition.
3. Learned High Court Government Pleader has filed statement of objections to the effect that the writ petition is not maintainable either in law or on facts and liable to be dismissed. On 16.06.2019, the examination for the selection of second division assistant conducted by KPSC was held at RTES Arts, Science and Commerce College, Ranebennur being one of the centre. On that date two papers were scheduled. The second paper was scheduled in between 2.00 p.m. to 3.30 p.m. When the examination of the second paper was going on, it came to the knowledge of the complainant that accused No.4 being one of the candidate for the examination was indulged in copying using electronic media.
3.1. Complainant called the Nodal Officer and Taluk Examination Supervisor namely Block Education Officer. In the presence of all the persons, it was noticed that accused No.4 has a microphone fixed in her ears. She was -5- WP No. 7712 of 2020 taken to the office and in the presence of women staff, she revealed that in order to get a government job, her father i.e., accused No.3 and accused No.4 met the petitioner who informed her that a microphone would be fixed on her person and with the help of the same, she can get the answers through microphone and write the examination. On 16.06.2019 accused Nos.1 and 2 at Room No.108 of Nimba lodge of Ranebennur explained how to use the microphone and mobile device. Accordingly on 16.06.2019, accused No.4 was writing the examination wherein the microphone and mobile device was used.
3.2. Complainant got removed the microphone and mobile device with the help of ENT specialist at Byadagi and a panchanama was also drawn for recovery of the mobile device and microphone. After following all the formalities, blocking the OMR sheet of accused No.4, complainant lodged the complaint. He produced the microphone and mobile set to the station house officer. Based on the complaint, case is registered in Crime -6- WP No. 7712 of 2020 No.129/2019 for the offences punishable under Sections 117 of Karnataka Education Act, 1983, Sections 66(D) and 72(A) of Information Technology Act and Sections 418, 406, 417, 407, 420 and 120B r/w Section 34 Indian Penal Code.
3.3. The information revealed by accused No.4 when got red handed when copying in the examination, it is found that accused Nos.1 to 3 are involved in the conspiracy to commit the said offences.
3.4. Petitioner has secured anticipatory bail. As per the directions given in the anticipatory bail, though he has appeared before the investigating officer, he is not cooperating in the investigation. He was also supposed to mark his attendance once in every 15 days. However he is not following the said conditions, although three notices have been served on him personally. Petitioner is also involved in similar offences in Crime No.140/2017 of Azad Nagar PS, Davanagere, Crime No.172/2017 of Vidyanagar -7- WP No. 7712 of 2020 PS, Davanagere. The investigation so far conducted reveal that the petitioner is the main accused.
3.5. After receipt of the complaint and registering the case, the Sub Inspector of Ranebennur PS has transferred the investigation to CPI, Ranebennur. The contention of the petitioner that the investigation is conducted by PSI is not correct. On account of the interim order granted by this Court, the investigation could not be conducted in all these three years and prays to dismiss the petition.
4. Heard the arguments and perused the records.
5. As evident from the complaint averments, on 16.06.2019 examination was conducted by KPSC for the selection to post of second division assistant at various centres including RTES Arts, Science and Commerce College, Ranebennur. Complainant being the Principal of the said college was in-charge of the said centre. On the previous day itself, he summoned all the lecturers, clerks and other staff and trained them as to how exactly the -8- WP No. 7712 of 2020 exam is to be conducted. 720 candidates were suppose to take the examination. On 16.06.2019 examination for two papers were held in between 10.00 a.m. to 11.30 a.m. and 2.00 to 3.30 p.m.
6. While the second paper was going on, after 30 minutes of the commencement of the examination, complainant was informed that in block No.11 accused No.4-Ashwini Basavaraj Kondaji with roll No.9155431 was indulged in copying using a microphone. Accordingly complainant summoned the nodal officer namely Neelakanthappa and taluk examination in-charge Shridhar, Block Education Officer. In their presence and in the presence of women staff, the person of accused No.4- Ashwini was searched and they found a microphone fixed in her ear.
7. On enquiry, accused No.4 reveal that her father i.e., accused No.3 in collusion with accused Nos.1 and 2 has arranged for fixing the microphone in her ear. About 8 days prior to the examination, accused No.4 met accused -9- WP No. 7712 of 2020 No.1 along with her father i.e., accused No.3 met petitioner-Maruti Purle who showed her a microphone and a mobile SIM device and told her that it will be fixed on her so that she can write the examination hearing the answers given to her. They also informed her that the said device would be given to accused No.2-Devaraj and he will fix it on the date of the examination. On the previous day i.e., on 15.06.2019 accused No.4 along with her uncle- Devaraj stayed in Room 108 of Nimba lodge of Ranebennur. In the morning, accused No.2-Devaraj fixed the microphone in her ear and also the Airtel mobile SIM device on her chest concealed inside her clothes. Accordingly she wrote the first paper without any problem. However, while writing the second paper, she was caught red-handed.
8. After blocking the OMR sheet, the complainant took accused No.4 to the Taluk Government Hospital, Ranebennur. Since ENT specialist was not available in the said hospital, from there she was taken to Byadagi Taluk
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WP No. 7712 of 2020Hospital and with the help of the ENT specialist, the microphone device was removed from the person of accused No.4. Along with the complaint, the complainant has produced the said microphone and mobile SIM device and produced it before the investigating officer.
9. Based on the complaint, PSI of Ranebennur PS has registered the case in Crime No.129/2019 for the offences punishable under Sections 117 of Karnataka Education Act, 1983, Sections 66(D) and 72(A) of Information Technology Act and Sections 418, 406, 417, 407, 420 and 120B r/w Section 34 Indian Penal Code. Immediately he has handed over the further investigation to Circle Inspector, Ranebennur Rural Circle. Who has conducted further investigation. Though in the remand application, the officer who is said to have signed the same is noted as PSI, as pointed out by the learned High Court Government Pleader, infact it is signed by the Circle Inspector.
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WP No. 7712 of 2020
10. From the material placed on record, it is evident that petitioner is the main accused involved in the offences. The investigation so far conducted also indicate that he is involved in similar offences. Even though the petitioner has produced copy of marriage invitation card to show that on the date of incident, his sister's marriage was fixed and he attended the same, it is relevant to note that the manner in which the offences are committed, the physical presence of the petitioner is not necessary. It is also required to examine whether petitioner has involved some other persons to actually carry out of copying by giving the answers. All these aspects are required to be investigated. On account of the stay granted in this case, the investigation is stalled for all these three years.
11. Immediately after the complaint was lodged, the PSI has registered the case for the offences which could be made out based on the complaint. After completing the investigation, the investigating officer would be able to get a complete picture as to what exactly
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WP No. 7712 of 2020is the offences committed by the petitioner and other accused. It is a very premature stage to make a critical analysis of what exactly the offences committed. At this stage of considering the petition seeking quashing of the criminal proceedings, this Court cannot indulge in deciding the disputed facts. The allegations made are very severe. The manner in which the offences committed, indicate the possibility of petitioner and other accused also involving in similar offences. Taking into consideration all these aspects, this Court is of the considered opinion that petitioner is not entitled for the relief sought and accordingly I proceed to pass the following:
ORDER Petition filed under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. is hereby dismissed.
SD/-
JUDGE Kgk/ List No.: 1 Sl No.: 12 Ct-ak