IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6839/2019 BETWEEN :
1. MANJUNATH V., S/O. LATE VIJAYA KUMAR, AGE 37 YEARS, R/O. J11, J1 BLOCK, DAR POLICE QUARTERS, DAVANAGER-583 131.
2. RAJAPPA, S/O. HANUMANTHAPPA, AGED ABOUT 43 YEARS, R/O. 2ND MAIN, 2ND CROSS, BEHIND ITI COLLEGE, BASAVESHWARA BADAVANE, DAVANGERE-583 131.
... PETITIONERS (BY SRI: SANDEEP KATTI, ADVOCATE) AND :
STATE BY VIDYANAGAR POLICE STATION, DAVANGER-583 131.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
... RESPONDENT (BY SRI: HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.172/2017 OF VIDYANAGAR P.S., DAVANAGERE FOR THE OFFENCE P/U/S 117 OF KARNATAKA EDUCATION ACT, SECTION 66D OF INFORMATION TECHNOLOGY ACT AND SECTION 120B, 418, 406, 407, 420 AND 417 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.
2. The petitioners are arraigned as Accused Nos.25 and 26 in Crime No.172/2017 for the offences punishable under Sections P/U/S 117 of Karnataka Education Act, Section 66D of Information Technology Act and Section 120B, 418, 406, 407, 420 and 417 r/w 34 of IPC.
3. The learned counsel for the petitioners contended that the names of the accused does not find place in the FIR. The allegations in the FIR are that a lady by name Smt. Sumithra, wife of Vedamurthy, Principal, Nutana P.U. College has lodged a complaint that during the course of KPSC examination, in the college premises on 16.10.2017 at about 3.00 p.m., there was information to the Additional Deputy Commissioner with reference to some of the persons are indulging mal-practice in the said examination. She also went along with the Additional Deputy Commissioner to the said college and found that the persons by names Subash bin. Krishnanaika and Srinivasa D. bin. Devira Doddappa both of them were possessing mobile phone, mother boards, which were connected with battery and sim card. There was a wire connection to the said mobile and they were having small speakers near their ears. They disclose that one Pradeep used to connect these two persons from outside and give information with regard to the answers to the questions. On the above said allegations, those two persons were arrested and subsequently, other accused persons were also arrested. All most all the accused persons were already been released on bail as per the submission made by the learned counsel for the petitioners.
4. With all curiosity, this Court has questioned the learned HCGP how the names of these persons found place in the particular case. Annexure – D is the document produced by the learned counsel for the petitioners that the police have made request to the jurisdictional court in Crime No.172/2017 seeking for body warrant against these petitioners who were arrested in some other cases i.e., Crime No.140/2017. However, in the said case also, the accused persons were released on bail. In the body warrant also, though the names of these persons are arraigned as Accused Nos.25 and 26, but for what reason their custody is required and how they are connected to this case has not been explained by the police. Therefore, under the above said circumstances, the petitioners reasonably apprehend arrest in connection with this case.
5. Under the above said circumstances, in the absence of any material to show as to how and in what manner the petitioners are involved in this particular case, in my opinion, the petitioners are entitled to be enlarged on bail by imposing stringent conditions so as to enable the police also to complete the investigation and file report before the court as expeditiously as possible. Hence, the following :
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.172/2017 of Vidyanagar Police Station, subject to the following conditions:-
i) The petitioners shall surrender themselves 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.50,000/- with one surety each for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners 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 petitioners shall mark their attendance once in a week i.e., on 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.
Sd/- JUDGE Snc