R D Patil @ Rudragouda vs The State
2023 Latest Caselaw 10320 Kant

Karnataka High Court

R D Patil @ Rudragouda vs The State on 13 December, 2023

Author: K. Natarajan

Bench: K. Natarajan

                               1



           IN THE HIGH COURT OF KARNATAKA

                    KALABURAGI BENCH

       DATED THIS THE 13TH DAY OF DECEMBER, 2023

                             BEFORE
         THE HON'BLE MR JUSTICE K. NATARAJAN


         CRIMINAL PETITION NO.201625 OF 2023
                     CONNECTED WITH
  CRIMINAL PETITION NOS.201627 OF 2023, 201738 OF
2023, 201736 OF 2023, 201735 OF 2023, 201734 OF 2023
                   AND 201732 OF 2023


IN CRL.P.NO.201625/2023

BETWEEN:

R.D.PATIL @ RUDRAGOUDA
S/O DEVENDRAPPA, AGE: 40 YEARS,
OCC: CLASS-I CIVIL CONTRACTOR,
R/O H.NO.42 HIG, FIRST E/W
BIDDAPUR OLD AIRPORT LAND,
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI-585107.
                                           ...PETITIONER

(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
 SRI. ASHOK MULAGE, ADVOCATE)


AND:

THE STATE THROUGH
UNIVERSITY POLICE STATION,
KALABURAGI,
(REPRESENTED BY
                               2



LEARNED ADDL. SPP,
HIGH COURT OF KARNATAKA
AT KALABURAGI-585105)
                                           ..RESPONDENT
(BY SRI.B.N.JAGADEESHA, ADDL. SPP FOR
 SMT.ANITA M. REDDY, HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ISSUE DIRECTION TO
THE CONCERNED POLICE TO RELEASE THE ACCUSED PETITIONER ON
BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.295/2023 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 109, 114, 120(B), 420, 34,
37, OF IPC AND SECTION 66(D) OF IT ACT, OF UNIVERSITY POLICE
STATION, PENDING BEFORE III-ADDL. CIVIL JUDGE (JR., DN.,) AND
J.M.F.C. AT KALABURAGI.

IN CRL. P. NO.201627/2023

BETWEEN:

R.D.PATIL @ RUDRAGOUDA
S/O DEVINDRAPPA,
AGE: 40 YEARS,
OCC: CLASS-I CIVIL CONTRACTOR,
R/O SONNA VILLAGE,
AFZALPUR, KALABURAGI,
PRESENTLY R/O H.NO.42, HIG,
FIRST E/W,
BIDDAPUR OLD AIRPORT LAND,
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI-585107.
                                               ...PETITIONER

(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
 SRI. ASHOK MULAGE, ADVOCATE)


AND:

THE STATE THROUGH
AFZALAPUR POLICE STATION,
KALABURAGI, (REPRESENTED BY
LEARNED, ADDL. SPP
                               3



HIGH COURT OF KARNATAKA
AT KALABURAGI-585105)
                                            ..RESPONDENT
(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR
 SMT.ANITA M. REDDY, HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ISSUE DIRECTION TO
THE CONCERNED POLICE TO RELEASED THE ACCUSED PETITIONER ON
BAIL IN THE EVENT HIS ARREST IN CRIME NO.267/2023 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 109, 114, 120(B), 420, 34,
36, 37, 149 OF IPC OF AFZALPUR P.S. PENDING BEFORE CIVIL JUDGE
AND J.M.F.C. AT AFZALAPUR.

IN CRL. P. NO.201738/2023

BETWEEN:

R.D.PATIL @ RUDRAGOUDA
S/O DEVINDRAPPA
AGE: 40 YEARS
OCC: CLASS-I CIVIL CONTRACTOR,
R/O SONNA VILLAGE,
AFZALPUR, KALABURAGI,
PRESENTLY R/O H.NO.42/HIG,
FIRST E/W BIDDAPUR OLD AIRPORT LAND
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI
                                           ...PETITIONER
(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
 SRI. ASHOK MULAGE, ADVOCATE)

AND:

THE STATE THROUGH
YADGIR TOWN POLICE STATION
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA AT
KALABURAGI-585107.
                                               ..RESPONDENT
(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR
 SMT.ANITA M. REDDY, HCGP)
                               4



      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ENLARGE THE
PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.144/2023 OF YADGIR TOWN POLICE STATION AGAINST THE
ACCUSED, ALLEGING THE OFFENCE PUNISHABLE UNDER SECTIONS
109, 114, 120(B), 420 R/W SECTION 149 OF IPC, WHICH IS PENDING
ON THE FILE OF CIVIL JUDGE, (SR., DN.,) JMFC COURT AT YADGIR.

IN CRL.P. NO.201736/2023

BETWEEN:

R.D.PATIL @ RUDRAGOUDA
S/O DEVINDRAPPA
AGE: 40 YEARS
OCC: CLASS-I CIVIL CONTRACTOR,
R/O SONNA VILLAGE, AFZALPUR
KALABURAGI, PRESENTLY
RESIDENT OF H.NO.42/HIG,
FIRST E/W BIDAPUR OLD AIRPORT LAND
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI
                                           ...PETITIONER
(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
 SRI. ASHOK MULAGE, ADVOCATE)

AND:

THE STATE THROUGH
YADGIR TOWN POLICE STATION
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
AT KALABURAGI-585107
                                               ..RESPONDENT
(BY SRI. B.N.JAGADISHA ADDL. SPP FOR
 SMT.ANITA M. REDDY, HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ENLARGE THE
PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.145/2023, YADGIR TOWN POLICE STATION, YADGIR,
AGAINST THE ACCUSED, ALLEGING THE OFFENCE PUNISHABLE UNDER
                                5



SECTIONS 109, 114, 120(B), 420 R/W SECTION 149 OF IPC, WHICH IS
PENDING ON THE CIVIL JUDGE JMFC (SR., DN.,) COURT AT YADGIR,.


IN CRL.P. NO.201735/2023

BETWEEN:

R.D.PATIL @ RUDRAGOUDA
S/O DEVINDRAPPA
AGE: 40 YEARS
OCC: CLASS-I CIVIL CONTRACTOR,
R/O SONNA VILLAGE,
AFZALPUR, KALABURAGI,
PRESENTLY R/O H.NO.42/HIG,
FIRST E/W, BIDDAPUR OLD AIRPORT LAND
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI
                                                 ...PETITIONER

(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
 SRI. ASHOK MULAGE, ADVOCATE)

AND:

THE STATE THROUGH
YADGIR TOWN POLICE STATION
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
AT KALABURAGI-585107.
                                                ..RESPONDENT
(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR
 SMT.ANITA M. REDDY, HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ENLARGE THE
PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.146/2023 OF YADGIR TOWN POLICE STATION, AGAINST THE
ACCUSED ALLEGING THE OFFENCE PUNISHABLE UNDER SECTIONS 109,
114, 120(B), 420 R/W SECTION 149 OF IPC, WHICH IS PENDING ON
THE FILE OF CIVIL JUDGE, (SR., DN.,) JMFC COURT AT YADGIR,
                                  6



IN CRL.P. NO.201734/2023


BETWEEN:

R.D.PATIL @ RUDRAGOUDA
S/O DEVINDRAPPA
AGE: 40 YEARS
OCC: CLASS-I CIVIL CONTRACTOR,
R/O SONNA VILLAGE,
AFZALPUR, KALABURAGI,
PRESENTLY R/O H.NO.42/HIG,
FIRST E/W,
BIDDAPUR OLD AIRPORT LAND
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI
                                            ...PETITIONER

(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
 SRI. ASHOK MULAGE, ADVOCATE)


AND:

THE STATE THROUGH
YADGIR TOWN POLICE STATION
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
AT KALABURAGI-585107.
                                            ..RESPONDENT

(BY SRI. B.N.JAGADEESHA ADDL. SPP FOR
 SMT.ANITA M. REDDY, HCGP)


      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ENLARGE THE
PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.147/2023 OF YADGIR TOWN POLICE STATION AGAINST THE
ACCUSED, ALLEGING THE OFFENCE PUNISHABLE UNDER SECTIONS
109, 114, 120(B), 420 R/W SECTION 149 OF IPC, WHICH IS PENDING
ON THE FILE OF CIVIL JUDGE, (SR., DN.,) AND JMFC AT YADGIR.
                                  7



IN CRL.P. NO.201732/2023

BETWEEN:

R.D.PATIL @ RUDRAGOUDA
S/O DEVINDRAPPA
AGE: 40 YEARS
OCC: CLASS-I CIVIL CONTRACTOR,
R/O SONNA VILLAGE,
AFZALPUR KALABURAGI,
PRESENTLY R/O H.NO.42/HIG,
FIRST E/W,
BIDAPUR OLD AIRPORT LAND
AKKAMAHADEVI COLONY,
TQ. AND DIST. KALABURAGI
                                                ...PETITIONER

(BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR
 SRI. ASHOK MULAGE, ADVOCATE)

AND:

THE STATE THROUGH
YADGIR TOWN POLICE STATION
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
AT KALABURAGI-585107.
                                               ..RESPONDENT
(BY SRI. B.N. JAGADEESHA ADDL. SPP FOR
 SMT. ANITA M. REDDY, HCGP)


      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ALLOW THE PETITION AND ENLARGE THE
PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.148/2023 OF YADGIR TOWN POLICE STATION AGAINST THE
ACCUSED, ALLEGING THE OFFENCE PUNISHABLE UNDER SECTIONS
109, 114, 120(B), 420 R/W SECTION 149 OF IPC, WHICH IS PENDING
ON THE FILE OF CIVIL JUDGE (SR., DN.,) JMFC COURT AT YADGIR.


     THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 07.12.2023, THIS DAY, THE COURT
PRONOUNCED THE FOLLOWING:
                                   8




                               ORDER

Criminal Petition No.201625/2023 is filed by the

petitioner/accused No.2 under Section 438 of Cr.P.C.,

seeking anticipatory bail in Crime No.295/2023 registered by

University Police Station, Kalaburagi, for the offences

punishable under Sections 109, 114, 120-B, 420, 34, 37 of

IPC and Section 66(D) of Information Technology Act, 2008

(for short, hereinafter referred to as 'IT Act')

2. Criminal Petition No.201627/2023 is filed by the

same petitioner who is accused No.1 under Section 438 of

Cr.P.C., seeking anticipatory bail in Crime No.267/2023

registered by Afzalpur Police Station, Kalaburagi District, for

the offences punishable under Sections 109, 114, 120-B,

420, 34, 36, 37, 149 of IPC.

3. Criminal Petition No.201738/2023 is filed by the

same petitioner/accused under Section 438 of Cr.P.C.,

seeking anticipatory bail in Crime No.144/2023 registered by

Yadgiri Town Police Station, Yadgir District, for the offences

punishable under Sections 109, 114, 120-B, 420, 149 of IPC.

4. Criminal Petition No.201736/2023 is filed by the

same petitioner/accused under Section 438 of Cr.P.C.,

seeking anticipatory bail in Crime No.145/2023 registered by

Yadgiri Town Police Station, Yadgir District, for the offences

punishable under Sections 109, 114, 120-B, 420, 149 of IPC.

5. Criminal Petition No.201735/2023 is filed by the

same petitioner/accused under Section 438 of Cr.P.C.,

seeking anticipatory bail in Crime No.146/2023 registered by

Yadgiri Town Police Station, Yadgir District, for the offences

punishable under Sections 109, 114, 120-B, 420, 149 of IPC.

6. Criminal Petition No.201734/2023 is filed by the

same petitioner/accused under Section 438 of Cr.P.C.,

seeking anticipatory bail in Crime No.147/2023 registered by

Yadgiri Town Police Station, Yadgir District, for the offences

punishable under Sections 109, 114, 120-B, 420, 149 of IPC.

7. Criminal Petition No.201732/2023 is filed by the

same petitioner/accused under Section 438 of Cr.P.C.,

seeking anticipatory bail in Crime No.148/2023 registered by

Yadgiri Town Police Station, Yadgir District, for the offences

punishable under Sections 109, 120-B, 149, 420, 114 of IPC.

8. Heard Sri.M.S.Shyam Sundar, learned Senior

Counsel for the petitioner appearing for the petitioner's

counsel and Sri.B.N.Jagadeesha, learned Additional State

Public Prosecutor for the respondent-State.

9. Criminal Petition No.201625/2023 is arising out of

Crime No.295/2023 registered by University Police Station,

Kalaburagi, wherein Sushilkumar, Police Inspector of

University Police, Kalaburagi, filed a report alleging that on

28.10.2023 at 11.30 a.m., when he was in the Police Station,

he received some credible information to the effect that

some malpractice is going to be committed during the FDA

examination conducted by the Karnataka Examination

Authority (for short, hereinafter referred to as 'KEA') in the

University Campus at Kalaburagi. Immediately, at 12.25

p.m., he along with panchas and staff went to the spot and

there, they saw the candidates going out after completion of

examination and saw a Maruti Swift Car bearing registration

No.KA-51-MD-2760 and when the said car was about to

move, on suspicion, he stopped the car. He found three men

and a woman were sitting in the said car. The person who

was sitting by the side of the driver was hiding something in

the pocket and on enquiry, he revealed his name as

Laxmiputra and that he is a student of B.Sc., and he came

from Afzalpur and on further enquiry, he informed that he

has contacted the petitioner-R.D.Patil and he has paid

Rs.5,00,000/- to the petitioner and received Bluetooth

device for the purpose of writing examination and through

Bluetooth device, Gangadhar and Shailashree were giving

answers. On searching, the complainant-Police Inspector

found a Smart Phone with two sim numbers and there was

no sim cards and he also found a battery Bluetooth device,

apart from a earphone along with the Hall Ticket with

registration No.J-2896 and a carbon copy of the OMR sheet.

On verification, it was found that question paper No.2. All the

articles were seized by him under the panchanama and

thereafter, he came to the Police Station and lodged the

complaint at 3.00 pm. The SHO, another PSI registered the

FIR against four persons by showing this petitioner-R.D.Patil,

as accused No.2. Hence, the petitioner appending his arrest

at the hands of the Police, approached the Sessions Judge for

granting anticipatory bail which came to be dismissed.

Hence, he is before this Court seeking anticipatory bail.

10. Criminal Petition No.201627/2023 is arising out of

Crime No.267/2023 registered by Afzalpur Police Station,

Kalaburagi District, wherein a complaint was lodged by the

PSI before the SHO on 28.10.2023 alleging that on the day

of the examination of FDA conducted by the KEA, he was

posted for security purpose. At 10.25 a.m., they got

information to the effect that some persons have come for

helping the candidates in the examination. Accordingly, they

apprehended one Vijaykumar and Gururaj. On searching

them, the PSI and his team found Bluetooth devices with

them. On enquiry, they informed that they have come there

to help Akash, Santhosh and Babu who are the candidates

writing FDA examination. They also informed that Bluetooth

was obtained from one Asif. On further enquiry with them,

they also informed that they have purchased the Bluetooth

from the present petitioner-R.D.Patil. The police also seized

two cars bearing registration Nos.KA-34-N-3185 and KA-32-

Z-2244. Accordingly, a complaint came to be filed by

showing this petitioner as accused No.1 out of nine accused

persons named in the FIR. The petitioner apprehending his

arrest at the hands of the Police approached the Sessions

Judge for grant of anticipatory bail which came to be

dismissed. Hence, he is before this Court.

11. Criminal Petition No.201738/2023 is arising out of

Crime No.144/2023 registered by Yadgiri Town Police

Station, Yadgiri District, against three accuses persons,

Sidrama, Sagara and Niranjana, on the complaint filed by

one Mallikarjun, Principal of New Kannada P.U., College,

Yadgiri, alleging that on the day of the FDA examination on

28.10.2023, he came to know from one Ramesh Kulkarni,

Lecturer, that at Room No.12, he found three persons were

murmuring and they were touching the ear frequently.

Immediately, those three persons were caught hold and on

verifying them, it was found that they were having Bluetooth

devices with them along with the instrument. They have

been apprehended and brought to the Police Station and

produced before the Police. In turn, the Police registered the

FIR and during the investigation, the Police have also

arrested Srishail and Basavaraj. In their voluntary statement

they have named the petitioner for having supplied Bluetooth

devices by receiving money. The petitioner apprehending his

arrest at the hands of the Police approached the Sessions

Judge for grant of anticipatory bail which came to be

dismissed. Hence, he is before this Court.

12. Criminal Petition No.201736/2023 is arising out of

Crime No.145/2023 registered by Yadgiri Town Police

Station, Yadgiri District, on the complaint of one

Smt.Nirmala, who is the Principal of Government Girls P.U.

College, Yadgiri, alleging that on 28.10.2023, during the

examination, at about 12.15 p.m., she came to know from

Lakshmikanth and Smt. Shailaja, that at Room Nos.16 and

17, they found two persons namely, Santhosh and Baburao

who were touching the ear and shirt collar frequently.

Immediately, those two persons were caught hold and on

verifying them, it was found that they were having Bluetooth

devices with them along with the instrument. They have

been apprehended and brought to the Police Station and

produced before the Police. In turn, the Police registered the

FIR. During the investigation, they revealed the name of this

petitioner-R.D.Patil for having supplied the Bluetooth

devices. The petitioner apprehending his arrest at the hands

of the Police approached the Sessions Judge for grant of

anticipatory bail which came to be dismissed. Hence, he is

before this Court.

13. Criminal Petition No.201735/2023 is arising out of

Crime No.146/2023 registered by Yadgiri Town Police

Station, Yadgiri District, on the complaint of Neharu, who is

the Principal of Boys P.U. College, Gurumitkal, alleging that

on 28.10.2023 at about 3.20 p.m., he came to know from

the Superintendents of Examination Hall Nos.3 and 5 that

two candidates namely, Hasansab and Rakesha while writing

examination, they were touching the ear, shirt collar and

they were murmuring frequently. On searching them, the

complainant found Bluetooth devices and mobile phones with

them. They have been apprehended and brought to the

Police Station and produced before the Police. In turn, the

Police registered the FIR. During the investigation, they

named this petitioner for having supplied the Bluetooth

device by receiving money to help them to write

examination. Therefore, the petitioner apprehending his

arrest at the hands of the Police approached the Sessions

Judge for grant of anticipatory bail which came to be

dismissed. Hence, he is before this Court.

14. Criminal Petition No.201734/2023 is arising out of

Crime No.147/2023 registered by Yadgiri Town Police

Station, Yadgiri District, on the complaint of one Mahanthesh

who is the Principal of Government P.U. College, Balichakra,

wherein it is alleged that, on 28.10.2023 during the

examination, at about 3.00 p.m., one Roopika Nayak, the

Superintendent of the Examination Hall No.11 informed the

complainant that one Baburao was touching the ear, shirt

collar and he was murmuring frequently. On searching him,

the complainant found Bluetooth device and sim card with

him. Immediately, he has been apprehended and brought to

the Police Station and produced before the Police. In turn,

the Police registered the FIR. During the investigation, he

revealed the name of this petitioner-R.D.Patil for having

supplied the Bluetooth devices by receiving huge money

from accused No.1. Therefore, the petitioner apprehending

his arrest at the hands of the Police approached the Sessions

Judge for grant of anticipatory bail which came to be

dismissed. Hence, he is before this Court seeking

anticipatory bail.

15. Criminal Petition No.201732/2023 is arising out of

Crime No.148/2023 registered by Yadgiri Town Police

Station, Yadgiri District, on the complaint of one

Mallikarjuna, Principal of Government Girls P.U. College,

Gurumitkal, alleging that on 28.10.2023, during the

examination, at about 3.30 p.m., he came to know from the

Superintendent of Examination Hall No.6 that one candidate

namely, Praveen while writing examination, he was touching

the ear, shirt collar and he was murmuring frequently. On

searching him, the complainant found Bluetooth device with

him. Immediately, he has been apprehended and brought to

the Police Station. In turn, the Police registered the FIR.

During the investigation, it was revealed that this petitioner

has received money and supplied Bluetooth device to help

Praveen in the examination. Therefore, the petitioner

apprehending his arrest at the hands of the Police

approached the Sessions Judge for grant of anticipatory bail

which came to be dismissed. Hence, he is before this Court

seeking anticipatory bail.

16. The learned Additional State Public Prosecutor has

filed statement of objections and seriously objected the

petitions contending that the petitioner is required for

custodial interrogation in all these cases. He mainly

contended that the petitioner has already been arrested in

one case i.e., in Crime No.160/2023 registered by Ashok

Nagar Police Station, Kalaburagi, for similar offence and he

has been sent to judicial custody in the said case.

Subsequently, a body warrant has been issued in Crime

No.295/2023 of University Police Station, Kalaburagi, and

therefore, he has been in custody in Crime No.295/2023 of

University Police Station, Kalaburagi. Therefore, Criminal

Petition No.201625/2023 filed seeking anticipatory bail in

Crime No.295/2023 is not maintainable.

17. The learned Additional State Public Prosecutor

further contended that the petitioner is required for custodial

interrogation in all the cases. In one case, body warrant has

been issued and he is likely to be produced in the said case.

He further contended that the petitioner is an habitual

offender and he has involved in more than ten cases in PSI

recruitment scam. Though the petitioner has been released

on bail, he has violated the bail conditions and he has

committed similar offences. Therefore, if the petitioner is

granted bail, he may commit similar offences. The Police

require custody of the petitioner for interrogation and

investigation for seizing the cash and other materials. There

were 25,000 candidates who has written examination in

Kalaburagi. This petitioner by receiving money has helped

the candidates by giving Bluetooth devices. Therefore, he is

not entitled for anticipatory bail. Hence, he prayed for

dismissing the petitions.

18. Per contra, Sri.M.S.Shyam Sundar, learned Senior

Counsel for the petitioner has vehemently contended that the

petitioner has been arrested in Crime No.160/2023 of Ashok

Nagar Police Station, Kalaburagi. Merely because, a body

warrant has been issued in Crime No.295/2023 of University

Police Station, Kalaburagi, for the purpose of Police custody,

he cannot be said to be in judicial custody in Crime

No.295/2023. Therefore, the petition in Criminal Petition

No.201625/2023 filed seeking anticipatory in Crime

No.295/2023 is maintainable. In support of his case, he has

relied upon the order passed by the Co-ordinate Bench of

this Court in the case of M.Shashidhara and another vs.

State of Karnataka in Criminal Petition No.1396/2022

disposed of on 11.03.2022. The learned Senior Counsel

further contended that the name of the petitioner is not

found in Crime Nos.144/2023 to 148/2023 registered by

Yadgiri Town Police Station, Yadgiri District. Though he is

named in Crime No.267/2023 of Afzalpur Police Station,

Kalaburagi District, his name has been falsely implicated by

the Police. Once the petitioner has been arrested and all the

incriminating materials has been recovered in one case, the

question of giving custody of the petitioner for investigation

or interrogation in the other cases does not arise. For all

practicable purpose, he has been arrested in one case,

voluntary statement has been recorded, incriminating

materials has been recovered and the investigation in all the

cases is over and therefore, he is entitled for anticipatory bail

in all the cases.

19. Learned Senior Counsel further contended that

the petitioner has been falsely implicated by the Police and

any confession statement made by the co-accused is

inadmissible without any recovery under Section 27 of the

Evidence Act. Therefore, he prayed for granting anticipatory

bail.

20. Having heard the arguments of the learned

counsel appearing for the parties and on perusal of the

records, the points that would arise for my consideration are:

i. Whether the petition in Criminal Petition No.201625/2023 filed seeking anticipatory bail in Crime No.295/2023 of University Police Station, Kalaburagi, is not maintainable in view of issuing of body warrant by the learned Magistrate in the said case?

ii. Whether the petitioner is entitled for anticipatory bail in all these cases?

21. Point No.(i): As regards the maintainability of the

petition for anticipatory bail in Criminal Petition

No.201625/2023 arising out of Crime No.295/2023 of

University Police Station, Kalaburagi, admittedly, a body

warrant has been issued by the learned Magistrate in Crime

No295/2023. The petitioner is in custody in Crime

No.160/2023 of Ashok Nagar Police Station, Kalaburagi and

he was taken to police custody for ten days and he has been

remanded back. In view of the judgment of the Co-ordinate

Bench of this Court in Shashidhara's case (supra), if body

warrant is issued under Section 267 of Cr.P.C., for enquiry or

investigation or trial, the accused once remanded back, he

has to be sent to the custody in the original case in Crime

No.160/2023 of Ashok Nagar Police Station, Kalaburagi and

merely, he was taken to Police custody in Crime

No.295/2023 of University Police Station, Kalaburagi, he

cannot be considered as arrested or in custody in Crime

No.295/2023 in view of the judgment of the Division Bench

referred by the Co-ordinate Bench of this Court in

Shashidhara's case (supra). Therefore, the petition in

Criminal Petition No.201625/2023 filed seeking anticipatory

bail in Crime No.295/2023 is maintainable.

22. In view of the decision of the Co-ordinate Bench

of this Court in Shashidhara's case (supra), if any body

warrant is issued against the petitioner in other crime cases

registered by the Police, he cannot be deemed to be in

custody in those crime cases. Therefore, the petition in

Criminal Petition No.201625/2023 filed seeking anticipatory

bail in Crime No.295/2023 is maintainable. Accordingly, I

answer point No.(i) in affirmative.

23. Point No.(ii): As regards the merit of the case,

the petitioner is involved in almost eight cases and in one

case viz., Crime No.160/2023 of Ashok Nagar Police Station,

Kalaburagi, the petitioner is already in judicial custody.

Whereas one case is registered at Afzalpur Police Station in

Crime No.267/2023 and one case at University Police Station

in Crime No.295/2023 where the name of the petitioner is

arrayed as accused in the FIR. However, the name of this

petitioner is not found in the five FIRs registered by Yadgiri

Town Police Station, where Principals of five colleges in

Yadgiri District, in different examination centers have caught

the candidates red-handed along with Bluetooth devices,

mobile instruments and the said articles have been seized by

the Police. During the investigation, all the candidates have

revealed the name of the petitioner who has received the

money and supplied the Bluetooth devices for helping them

in the FDA examination conducted by the KEA on

28.10.2023. The examination has already been over and the

results are awaiting. Merely, name of the petitioner was not

found in the FIR or the name of the petitioner was found in

the FIR, is not a criteria for considering the case of the

petitioner for anticipatory bail. The allegation against the

petitioner is very serious in nature. The petitioner is alleged

to have received huge money from the candidates and

supplied Bluetooth devices and assured them to help for

getting selected in the FDA examination. The petitioner is

required for custodial interrogation in all these cases.

24. Of-course, the petitioner was taken to the Police

custody in one of the cases and as per the submission of the

learned Additional State Public Prosecutor, the petitioner is

not co-operating with the Investigating Officer for the

purpose of investigation. That apart, there are 11 cases

registered against the petitioner in various Police Stations at

Kalaburagi, Bengaluru, Dharwad and Tumkur, in respect of

PSI examination scam which was held on 03.10.2021 and

there was a big racket unearthed in the examination where

this petitioner has involved. Prior to that, he had also

involved in Assistant Executive Engineer examination scam

and he was an accused in Annapurneshwari Police Station,

Bengaluru and presently, he is involved in the FDA

examination scam. Though the petitioner was released on

bail in PSI examination scam, and in respect of the case in

Annapurneshwari Police Station, he is again involved in the

present cases which reveals that the petitioner is an habitual

offender and he is continuously involved in the recruitment

process by helping the candidates by receiving the money.

Earlier, he was released on bail in earlier cases. But, inspite

of registration of those cases, he is still continuing the

offences and he is involved in this examination scam.

Therefore, I am of the view that it cannot be said that

offence committed by the petitioner is very lighter one,

punishable with seven years imprisonment or attempted to

commit offence etc., but the offence alleged against the

petitioner is very serious in nature. If such type of offences

are allowed to commit continuously, the public will lose faith

in the examination and recruitments conducted by the public

authority and the candidates will lose faith in the

examination system conducted by the State Authorities. The

voluntary statement recorded by the Police during the

investigation reveals that so many candidates are involved

and huge amount in lakhs of rupees has been paid to the

petitioner. The petitioner is said to have opened the Accounts

in the name of the candidates and he was operating the said

Accounts without the knowledge of the candidates and more

than crores of rupees has been transacted by the petitioner.

There is prima facie case placed on record by the State to

show the involvement of the petitioner in these offences.

Therefore, I am of the view that the petitioner is not entitled

for anticipatory bail before this Court. If the petitioner is

granted bail, the possibility of he may tampering the

prosecution witnesses, influencing the witnesses and

committing the similar offences, cannot be ruled out.

25. It is well settled by the Hon'ble Supreme Court in

catena of decisions that, normally, the Court should not

reject the bail petitions if the offences are punishable with

seven years imprisonment. But, looking to the peculiar facts

and circumstances of the case, as the petitioner is

continuously involved in recruitments scam by receiving huge

money to help the candidates for selection of the candidates

by malpractices, the petitioner is not entitled for anticipatory

bail.

26. Though the learned senior counsel contended that

it is only examination malpractice punishable under the

Karnataka Education Act which is non-cognizable offence

etc., but the contention of the learned Senior Counsel cannot

be acceptable and the offences committed by the petitioner

cannot be taken in a lighter way as the petitioner is having

no fear of law and he has been continuously involving in

similar offences by getting huge amount. Therefore, custodial

interrogation of the petitioner is required by the Police in

these cases. Therefore, the petitioner is not entitled for

anticipatory bail in all these cases. Accordingly, I pass the

following:

ORDER

Criminal Petition Nos.201625/2023, 201627/2023,

201738/2023, 201736/2023, 201735/2023, 201734/2023

and 201732/2023 filed by the petitioner under Section 438 of

Cr.P.C., are dismissed.

Sd/-

JUDGE NB* CT: SI