IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7193/2019 BETWEEN:
Santhosh S/o Ramanagouda Patil Aged about 27 years, Student R/o Yakkundi Taluk Vijayapur District – 577 004 …Petitioner (By Sri.G.J.Sunkapur, Advocate) AND:
The State by Azad nagar Police Station Rept. By 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 petitioner on bail in the event of his arrest in Cr.No.140/2017 registered by Azadnagar Police Station, Davanagere for the offence P/U/S 117 of Karnataka Education Act, 1983 and Section 66(D) of Information Technology Act, 2008 and Section 120(B), 418, 406, 407, 420 AND 417 R/w 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Heard and Perused the records.
2. The petitioner has approached this Court for grant of anticipatory bail in connection with crime No.140/2017 though his name does not found in the first information report nor the police are contemplate to arrest him as per the submission made by the learned High Court Government Pleader.
3. The brief facts of the case are that one Dr.Mohamed Davood, Principal, S.K.A.H. PU College, Basha Nagar, Davanagere lodged a complaint stating that during the year 2017, precisely on 16.10.21017 there was a KPSC examination conducted for selection of school teachers. In that examination, one Mr. Tippesh Nayaka i.e., accused No.1 who was writing exam found with one mobile phone motherboard, which was connected with a battery, but simcard was not there in the said set. The said set was connected with a wire and another end was connected with speaker. It is also found that he discloses the fact that one Mr. Pradeep and Krishna Nayak were outside the examination hall used to contact the said Mr.Tippesh Nayak over phone and used to give answers to the questions so that he can easily answer the question. On the above allegation, the police have registered a case in Crime No.140/2017 for the offence punishable under Section 117 of Karnataka Education Act, 1983 and Section 66(D) of Information Technology Act, 2008 and Sections 120(B), 418, 406, 407, 420 and 417 R/w Sec.34 of IPC. During the course of the investigation, the police have arrested the said persons and recorded their statement but name of the petitioner has not been divulged by anybody. However, accused No.3 according to the learned counsel has divulged as many as 24 persons’ names and all of them were released on bail. The petitioner herein also apprehend that the police may arrest him in connection with of this case.
4. As it is evident that more than 24 persons’ names have already been disclosed by the arrested accused persons and specifically when the petitioner is claimed that in a particular criminal case, he may be arrested, then there is no legal impediment for this Court to grant bail with certain conditions. The petition is allowed. The petitioner shall be released on bail in the event of his arrest by the respondent-police incorporating his name as one of the accused in the above said crime number on the following conditions.
i) The petitioner shall execute his personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation and 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 without prior permission of the I.O., till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE nms/-