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(PER: HON'BLE MR. JUSTICE K NATARAJAN) The Crl.P.No.201138/2024 is filed by accused No.9, Crl.P No. 201087/2024 is filed by the petitioner/accused No.6, Crl.P No.201142/2024 is filed by the petitioner/accused No.5 and Crl.P.No.201143/2024 is filed Petitioner Accused No.13 for NC: 2024:KHC-K:7217 AND 1 OTHER granting bail in Crime No.160/2023 of Ashok Nagar Police Station Kalaburagi and charge sheeted for the offences punishable under sections 409, 420, 120(B), 201, 109, 114, 36, 37, 34, OF IPC and under Sections 3(1), (II)(2), (3)(4) OF KCOCA ACT, now pending on the file of the Principal District and Sessions Judge, Kalaburagi in Spl.C (KCOCA) no. 1/2024.

4. Learned counsel for the petitioners seriously contended the petitioners are actually arrested 3 days prior to the arrest shown in the remand application. They have been kept in illegal custody and the same was brought to the notice of Magistrate at the time of production. It is also contended the police have not issued the notice under Section 41 A of Cr.P.C., prior to their arrest. They have abruptly arrested and produced before the Court and got remanded to judicial custody. It is also contended previously the KCOCA ACT was not invoked. Even otherwise, the KCOCA ACT is not attracted against this petitioner. It may attract accuse No.3. They are in custody for more than 10 months. Investigation is completed and charge sheet has been filed. The coordinate bench of this NC: 2024:KHC-K:7217 AND 1 OTHER court granted bail to accused Nos.1, 2, 4 and 19. And this court granted bail to accuse No.19. Therefore, on the ground of parity, these petitioners are entitled for the bail. It is also contented that there is no recovery from the petitioners, except the voluntary statement, nothing has been produced to connect accused with the crime. They are ready to abide by any condition, some of them are public servant working in a Government School and one of them are working in Private College, one of them Executive Engineer, all of them ready to abide by any conditions. Hence prayed for granting bail.

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NC: 2024:KHC-K:7217 AND 1 OTHER sending the Question paper and receiving and resending to the various persons who were actually involved in writing the examination by the candidate through sending answer to some other person through mobile phone from the blue tooth devices. Though learned counsel for the petitioner contended. KCOCA ACT is not applicable, but they are the members on syndicate of accused No. 3. However, there is no bar for granting bail to them in KCOCA ACT also as held by the learned counsel, the Section 22 (5) KOKA been already struck down as ultra virus.

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NC: 2024:KHC-K:7217 AND 1 OTHER violation of the mandatory provision. Therefore, accused persons are entitled for bail. Hon'ble Supreme Court has held in the case of Harish Kumar case the offences are less than 7 years, it is mandatory to issue the notice under section 41(A) of Cr.P.C. Of course, learned SPP is right in answering that if the accused persons were issued notice, this petitioner definitely they may destroy the evidence and they may escape from the clutches of the law. Therefore, considering the same, at this stage without expressing any opinion on the merits of the case, in respect of Section 41 (A) of Cr.P.C., even otherwise, the KCOCA-2000 Act is applicable against the petitioners, as except this case, there is no other cases pending against them. Therefore, as a ground of parity they are entitled for bail where in this court granted bail to accused Nos.1, 2 3 and 19 and the offences are not punishable with death or imprisonment. They are in custody for almost than 10 months. Investigation completed and charge sheet has been filed. Therefore, keeping them in jail amounts to pre trial punishment and it is nothing but violation of Article 21 of liberty guaranteed by the Constitution of India. Therefore, considering all this, I