IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7693/2019 BETWEEN:
BRUNGESHA N C, S/O CHANDRASHEKARAPPA, AGED ABOUT 34 YEARS, R/O NANDIHALLI, URDIGERE HOBLI, HIREHALLI, TUMKUR-572 104. … PETITIONER (BY SRI A. N. RADHAKRISHNA ADV.,) AND:
THE STATE OF KARNATAKA, BY VIJAYANAGARA POLICE, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001.
(BY SRI HONNAPPA HCGP.) .. RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.185/2019 REGISTERED BY VIJAYANAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 420, 379, 471, 468, 465, 474, AND 114 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State. Perused the records.
2. The petitioner is arraigned as accused No.6 in Crime No.185/2019 for the offence under Sections 114, 379, 420, 465, 468, 471, 474 read with 34 IPC.
3. The brief facts are that the complainant – Mohammad Shareef Rawuthar has received a credible information that two persons were standing near Radha Krishna Kalyana Mantapa near Veeresh Theatre in Vijayanagar along with 15 to 20 persons for the purpose of disclosing the question paper pertaining to KPSC Examination proposed to be held on 09.06.2019. On 09.06.2019, i.e., on receipt of credible information, in the morning at about 5.45 a.m., the police went to that particular place and came to know that the accused persons were indulging in leaking out the question paper pertaining to KPSC examination. On seeing the police, some 5 to 6 persons ran away from the spot and one person was enquired by the police and he also did not give any full information. They noticed that there were two tempo travelers near the said place and they went there and they ascertained that some persons by name Srinivas, Siddaraju, Alaswamy, Anilkumar, Santhosh were there and also other persons by name Sanjay, Harish, Jayanth, Prashanth, Gurukiran and Chetan were there. The accused persons have told them that they would give question paper of KPSC Examination. Therefore, they have taken those hand written question papers for the purpose of writing the examination on the same day. On these allegations, the police have arrested two persons and produced them before the jurisdictional Magistrate and they were released on bail.
4. Accused No.3 – Maregowda approached this Court in Criminal Petition No.5153/2019 and he was also released on anticipatory bail vide order dated 29.08.2019 on conditions. On perusal of FIR, I find that the allegations are made against accused Nos.1 to 5. But there is no whisper about this petitioner. As accused No.3 has already been released on bail, in my opinion, the petitioner is also entitled to be enlarged on bail on similar conditions. Hence, the following::
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.185/2019 of Vijayanagara Police Station, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
PKS Sd/-
JUDGE