Karnataka High Court
R D Patil @ Rudragouda vs The State on 13 December, 2023
Author: K. Natarajan
Bench: K. Natarajan
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.201625 OF 2023
CONNECTED WITH
CRIMINAL PETITION NOS.201627 OF 2023, 201738 OF
2023, 201736 OF 2023, 201735 OF 2023, 201734 OF 2023
AND 201732 OF 2023
IN CRL.P.NO.201625/2023
BETWEEN:
R.D.PATIL @ RUDRAGOUDA
S/O DEVENDRAPPA, AGE: 40 YEARS,
OCC: CLASS-I CIVIL CONTRACTOR,
R/O H.NO.42 HIG, FIRST E/W
BIDDAPUR OLD AIRPORT LAND,
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI-585107.
...PETITIONER
(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
SRI. ASHOK MULAGE, ADVOCATE)
AND:
THE STATE THROUGH
UNIVERSITY POLICE STATION,
KALABURAGI,
(REPRESENTED BY
2
LEARNED ADDL. SPP,
HIGH COURT OF KARNATAKA
AT KALABURAGI-585105)
..RESPONDENT
(BY SRI.B.N.JAGADEESHA, ADDL. SPP FOR
SMT.ANITA M. REDDY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ISSUE DIRECTION TO
THE CONCERNED POLICE TO RELEASE THE ACCUSED PETITIONER ON
BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.295/2023 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 109, 114, 120(B), 420, 34,
37, OF IPC AND SECTION 66(D) OF IT ACT, OF UNIVERSITY POLICE
STATION, PENDING BEFORE III-ADDL. CIVIL JUDGE (JR., DN.,) AND
J.M.F.C. AT KALABURAGI.
IN CRL. P. NO.201627/2023
BETWEEN:
R.D.PATIL @ RUDRAGOUDA
S/O DEVINDRAPPA,
AGE: 40 YEARS,
OCC: CLASS-I CIVIL CONTRACTOR,
R/O SONNA VILLAGE,
AFZALPUR, KALABURAGI,
PRESENTLY R/O H.NO.42, HIG,
FIRST E/W,
BIDDAPUR OLD AIRPORT LAND,
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI-585107.
...PETITIONER
(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
SRI. ASHOK MULAGE, ADVOCATE)
AND:
THE STATE THROUGH
AFZALAPUR POLICE STATION,
KALABURAGI, (REPRESENTED BY
LEARNED, ADDL. SPP
3
HIGH COURT OF KARNATAKA
AT KALABURAGI-585105)
..RESPONDENT
(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR
SMT.ANITA M. REDDY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ISSUE DIRECTION TO
THE CONCERNED POLICE TO RELEASED THE ACCUSED PETITIONER ON
BAIL IN THE EVENT HIS ARREST IN CRIME NO.267/2023 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 109, 114, 120(B), 420, 34,
36, 37, 149 OF IPC OF AFZALPUR P.S. PENDING BEFORE CIVIL JUDGE
AND J.M.F.C. AT AFZALAPUR.
IN CRL. P. NO.201738/2023
BETWEEN:
R.D.PATIL @ RUDRAGOUDA
S/O DEVINDRAPPA
AGE: 40 YEARS
OCC: CLASS-I CIVIL CONTRACTOR,
R/O SONNA VILLAGE,
AFZALPUR, KALABURAGI,
PRESENTLY R/O H.NO.42/HIG,
FIRST E/W BIDDAPUR OLD AIRPORT LAND
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI
...PETITIONER
(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
SRI. ASHOK MULAGE, ADVOCATE)
AND:
THE STATE THROUGH
YADGIR TOWN POLICE STATION
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA AT
KALABURAGI-585107.
..RESPONDENT
(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR
SMT.ANITA M. REDDY, HCGP)
4
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ENLARGE THE
PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.144/2023 OF YADGIR TOWN POLICE STATION AGAINST THE
ACCUSED, ALLEGING THE OFFENCE PUNISHABLE UNDER SECTIONS
109, 114, 120(B), 420 R/W SECTION 149 OF IPC, WHICH IS PENDING
ON THE FILE OF CIVIL JUDGE, (SR., DN.,) JMFC COURT AT YADGIR.
IN CRL.P. NO.201736/2023
BETWEEN:
R.D.PATIL @ RUDRAGOUDA
S/O DEVINDRAPPA
AGE: 40 YEARS
OCC: CLASS-I CIVIL CONTRACTOR,
R/O SONNA VILLAGE, AFZALPUR
KALABURAGI, PRESENTLY
RESIDENT OF H.NO.42/HIG,
FIRST E/W BIDAPUR OLD AIRPORT LAND
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI
...PETITIONER
(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
SRI. ASHOK MULAGE, ADVOCATE)
AND:
THE STATE THROUGH
YADGIR TOWN POLICE STATION
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
AT KALABURAGI-585107
..RESPONDENT
(BY SRI. B.N.JAGADISHA ADDL. SPP FOR
SMT.ANITA M. REDDY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ENLARGE THE
PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.145/2023, YADGIR TOWN POLICE STATION, YADGIR,
AGAINST THE ACCUSED, ALLEGING THE OFFENCE PUNISHABLE UNDER
5
SECTIONS 109, 114, 120(B), 420 R/W SECTION 149 OF IPC, WHICH IS
PENDING ON THE CIVIL JUDGE JMFC (SR., DN.,) COURT AT YADGIR,.
IN CRL.P. NO.201735/2023
BETWEEN:
R.D.PATIL @ RUDRAGOUDA
S/O DEVINDRAPPA
AGE: 40 YEARS
OCC: CLASS-I CIVIL CONTRACTOR,
R/O SONNA VILLAGE,
AFZALPUR, KALABURAGI,
PRESENTLY R/O H.NO.42/HIG,
FIRST E/W, BIDDAPUR OLD AIRPORT LAND
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI
...PETITIONER
(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
SRI. ASHOK MULAGE, ADVOCATE)
AND:
THE STATE THROUGH
YADGIR TOWN POLICE STATION
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
AT KALABURAGI-585107.
..RESPONDENT
(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR
SMT.ANITA M. REDDY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ENLARGE THE
PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.146/2023 OF YADGIR TOWN POLICE STATION, AGAINST THE
ACCUSED ALLEGING THE OFFENCE PUNISHABLE UNDER SECTIONS 109,
114, 120(B), 420 R/W SECTION 149 OF IPC, WHICH IS PENDING ON
THE FILE OF CIVIL JUDGE, (SR., DN.,) JMFC COURT AT YADGIR,
6
IN CRL.P. NO.201734/2023
BETWEEN:
R.D.PATIL @ RUDRAGOUDA
S/O DEVINDRAPPA
AGE: 40 YEARS
OCC: CLASS-I CIVIL CONTRACTOR,
R/O SONNA VILLAGE,
AFZALPUR, KALABURAGI,
PRESENTLY R/O H.NO.42/HIG,
FIRST E/W,
BIDDAPUR OLD AIRPORT LAND
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI
...PETITIONER
(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
SRI. ASHOK MULAGE, ADVOCATE)
AND:
THE STATE THROUGH
YADGIR TOWN POLICE STATION
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
AT KALABURAGI-585107.
..RESPONDENT
(BY SRI. B.N.JAGADEESHA ADDL. SPP FOR
SMT.ANITA M. REDDY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ENLARGE THE
PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.147/2023 OF YADGIR TOWN POLICE STATION AGAINST THE
ACCUSED, ALLEGING THE OFFENCE PUNISHABLE UNDER SECTIONS
109, 114, 120(B), 420 R/W SECTION 149 OF IPC, WHICH IS PENDING
ON THE FILE OF CIVIL JUDGE, (SR., DN.,) AND JMFC AT YADGIR.
7
IN CRL.P. NO.201732/2023
BETWEEN:
R.D.PATIL @ RUDRAGOUDA
S/O DEVINDRAPPA
AGE: 40 YEARS
OCC: CLASS-I CIVIL CONTRACTOR,
R/O SONNA VILLAGE,
AFZALPUR KALABURAGI,
PRESENTLY R/O H.NO.42/HIG,
FIRST E/W,
BIDAPUR OLD AIRPORT LAND
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI
...PETITIONER
(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
SRI. ASHOK MULAGE, ADVOCATE)
AND:
THE STATE THROUGH
YADGIR TOWN POLICE STATION
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
AT KALABURAGI-585107.
..RESPONDENT
(BY SRI. B.N. JAGADEESHA ADDL. SPP FOR
SMT. ANITA M. REDDY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ENLARGE THE
PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.148/2023 OF YADGIR TOWN POLICE STATION AGAINST THE
ACCUSED, ALLEGING THE OFFENCE PUNISHABLE UNDER SECTIONS
109, 114, 120(B), 420 R/W SECTION 149 OF IPC, WHICH IS PENDING
ON THE FILE OF CIVIL JUDGE (SR., DN.,) JMFC COURT AT YADGIR.
THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 07.12.2023, THIS DAY, THE COURT
PRONOUNCED THE FOLLOWING:
8
ORDER
Criminal Petition No.201625/2023 is filed by the petitioner/accused No.2 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.295/2023 registered by University Police Station, Kalaburagi, for the offences punishable under Sections 109, 114, 120-B, 420, 34, 37 of IPC and Section 66(D) of Information Technology Act, 2008 (for short, hereinafter referred to as 'IT Act')
2. Criminal Petition No.201627/2023 is filed by the same petitioner who is accused No.1 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.267/2023 registered by Afzalpur Police Station, Kalaburagi District, for the offences punishable under Sections 109, 114, 120-B, 420, 34, 36, 37, 149 of IPC.
3. Criminal Petition No.201738/2023 is filed by the same petitioner/accused under Section 438 of Cr.P.C., 9 seeking anticipatory bail in Crime No.144/2023 registered by Yadgiri Town Police Station, Yadgir District, for the offences punishable under Sections 109, 114, 120-B, 420, 149 of IPC.
4. Criminal Petition No.201736/2023 is filed by the same petitioner/accused under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.145/2023 registered by Yadgiri Town Police Station, Yadgir District, for the offences punishable under Sections 109, 114, 120-B, 420, 149 of IPC.
5. Criminal Petition No.201735/2023 is filed by the same petitioner/accused under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.146/2023 registered by Yadgiri Town Police Station, Yadgir District, for the offences punishable under Sections 109, 114, 120-B, 420, 149 of IPC.
6. Criminal Petition No.201734/2023 is filed by the same petitioner/accused under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.147/2023 registered by 10 Yadgiri Town Police Station, Yadgir District, for the offences punishable under Sections 109, 114, 120-B, 420, 149 of IPC.
7. Criminal Petition No.201732/2023 is filed by the same petitioner/accused under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.148/2023 registered by Yadgiri Town Police Station, Yadgir District, for the offences punishable under Sections 109, 120-B, 149, 420, 114 of IPC.
8. Heard Sri.M.S.Shyam Sundar, learned Senior Counsel for the petitioner appearing for the petitioner's counsel and Sri.B.N.Jagadeesha, learned Additional State Public Prosecutor for the respondent-State.
9. Criminal Petition No.201625/2023 is arising out of Crime No.295/2023 registered by University Police Station, Kalaburagi, wherein Sushilkumar, Police Inspector of University Police, Kalaburagi, filed a report alleging that on 28.10.2023 at 11.30 a.m., when he was in the Police Station, he received some credible information to the effect that 11 some malpractice is going to be committed during the FDA examination conducted by the Karnataka Examination Authority (for short, hereinafter referred to as 'KEA') in the University Campus at Kalaburagi. Immediately, at 12.25 p.m., he along with panchas and staff went to the spot and there, they saw the candidates going out after completion of examination and saw a Maruti Swift Car bearing registration No.KA-51-MD-2760 and when the said car was about to move, on suspicion, he stopped the car. He found three men and a woman were sitting in the said car. The person who was sitting by the side of the driver was hiding something in the pocket and on enquiry, he revealed his name as Laxmiputra and that he is a student of B.Sc., and he came from Afzalpur and on further enquiry, he informed that he has contacted the petitioner-R.D.Patil and he has paid Rs.5,00,000/- to the petitioner and received Bluetooth device for the purpose of writing examination and through Bluetooth device, Gangadhar and Shailashree were giving 12 answers. On searching, the complainant-Police Inspector found a Smart Phone with two sim numbers and there was no sim cards and he also found a battery Bluetooth device, apart from a earphone along with the Hall Ticket with registration No.J-2896 and a carbon copy of the OMR sheet. On verification, it was found that question paper No.2. All the articles were seized by him under the panchanama and thereafter, he came to the Police Station and lodged the complaint at 3.00 pm. The SHO, another PSI registered the FIR against four persons by showing this petitioner-R.D.Patil, as accused No.2. Hence, the petitioner appending his arrest at the hands of the Police, approached the Sessions Judge for granting anticipatory bail which came to be dismissed. Hence, he is before this Court seeking anticipatory bail.
10. Criminal Petition No.201627/2023 is arising out of Crime No.267/2023 registered by Afzalpur Police Station, Kalaburagi District, wherein a complaint was lodged by the PSI before the SHO on 28.10.2023 alleging that on the day 13 of the examination of FDA conducted by the KEA, he was posted for security purpose. At 10.25 a.m., they got information to the effect that some persons have come for helping the candidates in the examination. Accordingly, they apprehended one Vijaykumar and Gururaj. On searching them, the PSI and his team found Bluetooth devices with them. On enquiry, they informed that they have come there to help Akash, Santhosh and Babu who are the candidates writing FDA examination. They also informed that Bluetooth was obtained from one Asif. On further enquiry with them, they also informed that they have purchased the Bluetooth from the present petitioner-R.D.Patil. The police also seized two cars bearing registration Nos.KA-34-N-3185 and KA-32- Z-2244. Accordingly, a complaint came to be filed by showing this petitioner as accused No.1 out of nine accused persons named in the FIR. The petitioner apprehending his arrest at the hands of the Police approached the Sessions 14 Judge for grant of anticipatory bail which came to be dismissed. Hence, he is before this Court.
11. Criminal Petition No.201738/2023 is arising out of Crime No.144/2023 registered by Yadgiri Town Police Station, Yadgiri District, against three accuses persons, Sidrama, Sagara and Niranjana, on the complaint filed by one Mallikarjun, Principal of New Kannada P.U., College, Yadgiri, alleging that on the day of the FDA examination on 28.10.2023, he came to know from one Ramesh Kulkarni, Lecturer, that at Room No.12, he found three persons were murmuring and they were touching the ear frequently. Immediately, those three persons were caught hold and on verifying them, it was found that they were having Bluetooth devices with them along with the instrument. They have been apprehended and brought to the Police Station and produced before the Police. In turn, the Police registered the FIR and during the investigation, the Police have also arrested Srishail and Basavaraj. In their voluntary statement 15 they have named the petitioner for having supplied Bluetooth devices by receiving money. The petitioner apprehending his arrest at the hands of the Police approached the Sessions Judge for grant of anticipatory bail which came to be dismissed. Hence, he is before this Court.
12. Criminal Petition No.201736/2023 is arising out of Crime No.145/2023 registered by Yadgiri Town Police Station, Yadgiri District, on the complaint of one Smt.Nirmala, who is the Principal of Government Girls P.U. College, Yadgiri, alleging that on 28.10.2023, during the examination, at about 12.15 p.m., she came to know from Lakshmikanth and Smt. Shailaja, that at Room Nos.16 and 17, they found two persons namely, Santhosh and Baburao who were touching the ear and shirt collar frequently. Immediately, those two persons were caught hold and on verifying them, it was found that they were having Bluetooth devices with them along with the instrument. They have been apprehended and brought to the Police Station and 16 produced before the Police. In turn, the Police registered the FIR. During the investigation, they revealed the name of this petitioner-R.D.Patil for having supplied the Bluetooth devices. The petitioner apprehending his arrest at the hands of the Police approached the Sessions Judge for grant of anticipatory bail which came to be dismissed. Hence, he is before this Court.
13. Criminal Petition No.201735/2023 is arising out of Crime No.146/2023 registered by Yadgiri Town Police Station, Yadgiri District, on the complaint of Neharu, who is the Principal of Boys P.U. College, Gurumitkal, alleging that on 28.10.2023 at about 3.20 p.m., he came to know from the Superintendents of Examination Hall Nos.3 and 5 that two candidates namely, Hasansab and Rakesha while writing examination, they were touching the ear, shirt collar and they were murmuring frequently. On searching them, the complainant found Bluetooth devices and mobile phones with them. They have been apprehended and brought to the 17 Police Station and produced before the Police. In turn, the Police registered the FIR. During the investigation, they named this petitioner for having supplied the Bluetooth device by receiving money to help them to write examination. Therefore, the petitioner apprehending his arrest at the hands of the Police approached the Sessions Judge for grant of anticipatory bail which came to be dismissed. Hence, he is before this Court.
14. Criminal Petition No.201734/2023 is arising out of Crime No.147/2023 registered by Yadgiri Town Police Station, Yadgiri District, on the complaint of one Mahanthesh who is the Principal of Government P.U. College, Balichakra, wherein it is alleged that, on 28.10.2023 during the examination, at about 3.00 p.m., one Roopika Nayak, the Superintendent of the Examination Hall No.11 informed the complainant that one Baburao was touching the ear, shirt collar and he was murmuring frequently. On searching him, the complainant found Bluetooth device and sim card with 18 him. Immediately, he has been apprehended and brought to the Police Station and produced before the Police. In turn, the Police registered the FIR. During the investigation, he revealed the name of this petitioner-R.D.Patil for having supplied the Bluetooth devices by receiving huge money from accused No.1. Therefore, the petitioner apprehending his arrest at the hands of the Police approached the Sessions Judge for grant of anticipatory bail which came to be dismissed. Hence, he is before this Court seeking anticipatory bail.
15. Criminal Petition No.201732/2023 is arising out of Crime No.148/2023 registered by Yadgiri Town Police Station, Yadgiri District, on the complaint of one Mallikarjuna, Principal of Government Girls P.U. College, Gurumitkal, alleging that on 28.10.2023, during the examination, at about 3.30 p.m., he came to know from the Superintendent of Examination Hall No.6 that one candidate namely, Praveen while writing examination, he was touching 19 the ear, shirt collar and he was murmuring frequently. On searching him, the complainant found Bluetooth device with him. Immediately, he has been apprehended and brought to the Police Station. In turn, the Police registered the FIR. During the investigation, it was revealed that this petitioner has received money and supplied Bluetooth device to help Praveen in the examination. Therefore, the petitioner apprehending his arrest at the hands of the Police approached the Sessions Judge for grant of anticipatory bail which came to be dismissed. Hence, he is before this Court seeking anticipatory bail.
16. The learned Additional State Public Prosecutor has filed statement of objections and seriously objected the petitions contending that the petitioner is required for custodial interrogation in all these cases. He mainly contended that the petitioner has already been arrested in one case i.e., in Crime No.160/2023 registered by Ashok Nagar Police Station, Kalaburagi, for similar offence and he 20 has been sent to judicial custody in the said case. Subsequently, a body warrant has been issued in Crime No.295/2023 of University Police Station, Kalaburagi, and therefore, he has been in custody in Crime No.295/2023 of University Police Station, Kalaburagi. Therefore, Criminal Petition No.201625/2023 filed seeking anticipatory bail in Crime No.295/2023 is not maintainable.
17. The learned Additional State Public Prosecutor further contended that the petitioner is required for custodial interrogation in all the cases. In one case, body warrant has been issued and he is likely to be produced in the said case. He further contended that the petitioner is an habitual offender and he has involved in more than ten cases in PSI recruitment scam. Though the petitioner has been released on bail, he has violated the bail conditions and he has committed similar offences. Therefore, if the petitioner is granted bail, he may commit similar offences. The Police require custody of the petitioner for interrogation and 21 investigation for seizing the cash and other materials. There were 25,000 candidates who has written examination in Kalaburagi. This petitioner by receiving money has helped the candidates by giving Bluetooth devices. Therefore, he is not entitled for anticipatory bail. Hence, he prayed for dismissing the petitions.
18. Per contra, Sri.M.S.Shyam Sundar, learned Senior Counsel for the petitioner has vehemently contended that the petitioner has been arrested in Crime No.160/2023 of Ashok Nagar Police Station, Kalaburagi. Merely because, a body warrant has been issued in Crime No.295/2023 of University Police Station, Kalaburagi, for the purpose of Police custody, he cannot be said to be in judicial custody in Crime No.295/2023. Therefore, the petition in Criminal Petition No.201625/2023 filed seeking anticipatory in Crime No.295/2023 is maintainable. In support of his case, he has relied upon the order passed by the Co-ordinate Bench of this Court in the case of M.Shashidhara and another vs. 22 State of Karnataka in Criminal Petition No.1396/2022 disposed of on 11.03.2022. The learned Senior Counsel further contended that the name of the petitioner is not found in Crime Nos.144/2023 to 148/2023 registered by Yadgiri Town Police Station, Yadgiri District. Though he is named in Crime No.267/2023 of Afzalpur Police Station, Kalaburagi District, his name has been falsely implicated by the Police. Once the petitioner has been arrested and all the incriminating materials has been recovered in one case, the question of giving custody of the petitioner for investigation or interrogation in the other cases does not arise. For all practicable purpose, he has been arrested in one case, voluntary statement has been recorded, incriminating materials has been recovered and the investigation in all the cases is over and therefore, he is entitled for anticipatory bail in all the cases.
19. Learned Senior Counsel further contended that the petitioner has been falsely implicated by the Police and 23 any confession statement made by the co-accused is inadmissible without any recovery under Section 27 of the Evidence Act. Therefore, he prayed for granting anticipatory bail.
20. Having heard the arguments of the learned counsel appearing for the parties and on perusal of the records, the points that would arise for my consideration are:
i. Whether the petition in Criminal Petition No.201625/2023 filed seeking anticipatory bail in Crime No.295/2023 of University Police Station, Kalaburagi, is not maintainable in view of issuing of body warrant by the learned Magistrate in the said case?
ii. Whether the petitioner is entitled for anticipatory bail in all these cases?
21. Point No.(i): As regards the maintainability of the petition for anticipatory bail in Criminal Petition 24 No.201625/2023 arising out of Crime No.295/2023 of University Police Station, Kalaburagi, admittedly, a body warrant has been issued by the learned Magistrate in Crime No295/2023. The petitioner is in custody in Crime No.160/2023 of Ashok Nagar Police Station, Kalaburagi and he was taken to police custody for ten days and he has been remanded back. In view of the judgment of the Co-ordinate Bench of this Court in Shashidhara's case (supra), if body warrant is issued under Section 267 of Cr.P.C., for enquiry or investigation or trial, the accused once remanded back, he has to be sent to the custody in the original case in Crime No.160/2023 of Ashok Nagar Police Station, Kalaburagi and merely, he was taken to Police custody in Crime No.295/2023 of University Police Station, Kalaburagi, he cannot be considered as arrested or in custody in Crime No.295/2023 in view of the judgment of the Division Bench referred by the Co-ordinate Bench of this Court in Shashidhara's case (supra). Therefore, the petition in 25 Criminal Petition No.201625/2023 filed seeking anticipatory bail in Crime No.295/2023 is maintainable.
22. In view of the decision of the Co-ordinate Bench of this Court in Shashidhara's case (supra), if any body warrant is issued against the petitioner in other crime cases registered by the Police, he cannot be deemed to be in custody in those crime cases. Therefore, the petition in Criminal Petition No.201625/2023 filed seeking anticipatory bail in Crime No.295/2023 is maintainable. Accordingly, I answer point No.(i) in affirmative.
23. Point No.(ii): As regards the merit of the case, the petitioner is involved in almost eight cases and in one case viz., Crime No.160/2023 of Ashok Nagar Police Station, Kalaburagi, the petitioner is already in judicial custody.
Whereas one case is registered at Afzalpur Police Station in Crime No.267/2023 and one case at University Police Station in Crime No.295/2023 where the name of the petitioner is 26 arrayed as accused in the FIR. However, the name of this petitioner is not found in the five FIRs registered by Yadgiri Town Police Station, where Principals of five colleges in Yadgiri District, in different examination centers have caught the candidates red-handed along with Bluetooth devices, mobile instruments and the said articles have been seized by the Police. During the investigation, all the candidates have revealed the name of the petitioner who has received the money and supplied the Bluetooth devices for helping them in the FDA examination conducted by the KEA on 28.10.2023. The examination has already been over and the results are awaiting. Merely, name of the petitioner was not found in the FIR or the name of the petitioner was found in the FIR, is not a criteria for considering the case of the petitioner for anticipatory bail. The allegation against the petitioner is very serious in nature. The petitioner is alleged to have received huge money from the candidates and supplied Bluetooth devices and assured them to help for 27 getting selected in the FDA examination. The petitioner is required for custodial interrogation in all these cases.
24. Of-course, the petitioner was taken to the Police custody in one of the cases and as per the submission of the learned Additional State Public Prosecutor, the petitioner is not co-operating with the Investigating Officer for the purpose of investigation. That apart, there are 11 cases registered against the petitioner in various Police Stations at Kalaburagi, Bengaluru, Dharwad and Tumkur, in respect of PSI examination scam which was held on 03.10.2021 and there was a big racket unearthed in the examination where this petitioner has involved. Prior to that, he had also involved in Assistant Executive Engineer examination scam and he was an accused in Annapurneshwari Police Station, Bengaluru and presently, he is involved in the FDA examination scam. Though the petitioner was released on bail in PSI examination scam, and in respect of the case in Annapurneshwari Police Station, he is again involved in the 28 present cases which reveals that the petitioner is an habitual offender and he is continuously involved in the recruitment process by helping the candidates by receiving the money. Earlier, he was released on bail in earlier cases. But, inspite of registration of those cases, he is still continuing the offences and he is involved in this examination scam. Therefore, I am of the view that it cannot be said that offence committed by the petitioner is very lighter one, punishable with seven years imprisonment or attempted to commit offence etc., but the offence alleged against the petitioner is very serious in nature. If such type of offences are allowed to commit continuously, the public will lose faith in the examination and recruitments conducted by the public authority and the candidates will lose faith in the examination system conducted by the State Authorities. The voluntary statement recorded by the Police during the investigation reveals that so many candidates are involved and huge amount in lakhs of rupees has been paid to the 29 petitioner. The petitioner is said to have opened the Accounts in the name of the candidates and he was operating the said Accounts without the knowledge of the candidates and more than crores of rupees has been transacted by the petitioner. There is prima facie case placed on record by the State to show the involvement of the petitioner in these offences. Therefore, I am of the view that the petitioner is not entitled for anticipatory bail before this Court. If the petitioner is granted bail, the possibility of he may tampering the prosecution witnesses, influencing the witnesses and committing the similar offences, cannot be ruled out.
25. It is well settled by the Hon'ble Supreme Court in catena of decisions that, normally, the Court should not reject the bail petitions if the offences are punishable with seven years imprisonment. But, looking to the peculiar facts and circumstances of the case, as the petitioner is continuously involved in recruitments scam by receiving huge money to help the candidates for selection of the candidates 30 by malpractices, the petitioner is not entitled for anticipatory bail.
26. Though the learned senior counsel contended that it is only examination malpractice punishable under the Karnataka Education Act which is non-cognizable offence etc., but the contention of the learned Senior Counsel cannot be acceptable and the offences committed by the petitioner cannot be taken in a lighter way as the petitioner is having no fear of law and he has been continuously involving in similar offences by getting huge amount. Therefore, custodial interrogation of the petitioner is required by the Police in these cases. Therefore, the petitioner is not entitled for anticipatory bail in all these cases. Accordingly, I pass the following:
ORDER Criminal Petition Nos.201625/2023, 201627/2023, 201738/2023, 201736/2023, 201735/2023, 201734/2023 31 and 201732/2023 filed by the petitioner under Section 438 of Cr.P.C., are dismissed.
Sd/-
JUDGE NB* CT: SI