IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE K.S. MUDAGAL CRIMINAL PETITION NO.8402/2018 BETWEEN:
SRI. A.M. NAGENDRA PRASAD S/O. LATE MARILINGE GOWDA AGED ABOUT 48 YEARS R/AT F-602, STERLING TERRACE APARTMENT, OUTER RING ROAD, BANASHANKARI III STAGE BANGALORE – 560 085 … PETITIONER [BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE] AND:
STATE OF KARNATAKA REP. BY POLICE INSPECTOR KORAMANGALA POLICE STATION NOW REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BLDG., BANGALORE – 560 001 … RESPONDENT [BY SMT. NAMITHA MAHESH, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.PC., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.320/2018 OF KORAMANGALA POLICE STATION, BANGALORE CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 420, 464, 465, 468, 471 AND 120B R/W. SEC 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Petitioner is Accused No.2 in Crime No.320/2018 of Koramangala Police Station. The said case is registered against the petitioner and the first accused for the offences punishable under sections 420, 464, 465, 468, 471 and Section 120B read with section 34 of IPC, on the basis of complaint of one Manukumar H.S., a Criminal News Reporter.
2. It is alleged that on the basis of credible information of the first accused in the garb of running tutorials is securing fake marks card and degree certificate by obtaining Rs.45,000/-, the complainant conducted a sting operation along with his friend.
3. It is further alleged that during such operation, the first accused revealed that if Rs.45,000/- is paid, he secures fake marks card and degree certificate from C.V. Raman University without taking classes and examination and he received Rs.15,000/- as advance. It is further alleged that the first accused revealed that himself and petitioner are doing such business.
4. Learned counsel for the petitioner submits that the petitioner is implicated on the basis of the alleged confession of the first accused and the petitioner is ready to co-operate for the investigation and that he may be granted anticipatory bail.
5. Learned Government Pleader submits that incriminating material, namely, fake marks card and degree certificates were seized from the tutorial of the petitioner and also his detention is required for investigation into the matter.
6. It is no doubt true that the offences alleged are not punishable with death or imprisonment for life. However, the seizure, mahazar and other records made available for the perusal of this court at this stage show that from the tutorial of the petitioner, in all 31 provisional certificates and marks cards of various candidates were seized. If as contended, the petitioner was running a tutorial, he has to explain the possession of those materials. Source of those certificates, involvement of other accused in the case is yet to be unearthed. Having regard to the devastating effect of such activities on the society and that the case is still at investigation stage, it is not a fit case to grant anticipatory bail. Therefore the petition is dismissed.
Sd/- JUDGE AN/-