Telangana High Court
Pulidindi Praveen Kumar, vs The State Of Telangana on 5 September, 2023
Bench: K.Surender
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION Nos.7994 and 8151 of 2023
COMMON ORDER:
These Criminal Petitions are filed under Section 437 & 439
of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.")
seeking to enlarge the petitioner/A2 in Crl.P.No.7994 of 2023 and
petitioner/A1 in Crl.P.No.8151 of 2023 on bail in connection with
Crime No.95 of 2023, on the file of Central Crime Station, SIT, DD,
Hyderabad.
2. The case against the petitioners is that Accused No.1 was
working as Assistant Section Officer in Telangana State Public
Service Commission (for short 'TSPSC). Accused No.2 was working
as Network Admin. A1 decided to steal the question paper of
TSPSC from the system. Accordingly, he informed the same to
Accused No.2. A2 also agreed for the plan. In accordance with the
plan A1 committed theft of confidential system IP password from
the diary of the Superintendent of the section. A1 along with A2
gained entry into the office of the confidential section and
transferred confidential data pertaining to Assistant Engineer
examination which was scheduled on 05.03.2023 to Accused
No.1's pen drive by connecting to desktop of the Superintendent.
Thereafter, A1 and A2 handed over the same to A3 and A4 and
2
received an amount of Rs.5 lakhs. A4 and A5 handed over the
examination paper pertaining to Assistant Engineer (civil) to A6
and A7. A6 to A9 paid an amount of Rs.14 lakhs to A4 and A5 in
different transactions.
3. Learned Counsel appearing for Accused No.1 would submit
that investigation is complete and the petitioner is in jail since
13.03.2023
. Since the investigation is complete no detention is
required and petitioner is ready to abide by any conditions
imposed by this Court in the event of granting relief of bail.
4. Learned Counsel appearing for Accused No.2 would submit
that A2 has nothing to do with stealing any password etc. from the
office of the Superintendent of confidential section. The allegation
made against Accused No.1 is that he has taken assistance of A2
to copy the question paper in the desk top of the Superintendent
of the Section. Since investigation is already complete, the
Accused No.2 cannot tamper the evidence in any manner. Further,
all the other accused have been arrested and were already
released on bail.
5. The learned Assistant Public Prosecutor would submit that
A1 and A2 are the prime accused in the case. In order to make
money they have stolen the question paper meant for the
examination of Assistant Engineer (civil) from the TSPSC office. It
is a heinous offence and an offence against the society. He also
submits that in Vyapam Scam the Honourable Supreme Court
denied the benefit of bail on the ground that the offences are
severe in nature. The said Judgment was delivered on 04.02.2015
between Dr.Vinod Bhandari v. State of M.P. 1.
6. According to the learned Public Prosecutor though the
charge sheet was filed, further investigation, which is being
conducted by the officials, is required.
7. However, in the present facts the role attributed to Accused
No.1 is that he had committed theft of the confidential information
from the office of the Superintendent after agreeing to sell the
paper to other accused. Having stolen the password and other
details necessary to down load the question paper, he approached
Accused No.2 who has knowledge of computers. A2 assisted A1
and down loaded question paper which was later sold to others.
As argued by the learned counsel, Accused No.2 was engaged by
A1 for the purpose of down loading the question paper from the
system, having committed theft of confidential information.
(2015) 11 SCC 502
8. In the said circumstances, keeping in view the seriousness of
the offence involved, this Court is not inclined to grant bail to
Accused No.1 at this stage.
9. However, Accused No.2 being a computer professional has
assisted A1, after A1 had committed theft of confidential
information. In the said circumstances, the prayer for bail to
Accused No.2 can be considered.
10. Accordingly, Crl.P.No.8151 of 2023 is dismissed and
Crl.P.No.7994 of 2023 is allowed. Accused No.2 who is petitioner
in Crl.P.No.7994/2023 can be granted bail on the following
conditions.
i. the petitioner/ A2 is directed to be released on bail on
his executing personal bond for Rs.1,00,000/- (Rupees
One Lakh only) with two sureties for a like sum each, to
the satisfaction of XII Additional Chief Metropolitan
Magistrate at Nampally, Hyderabad.
ii. On such release, the petitioner/A2 shall appear before
the concerned Police Station, every Monday till completion
of investigation.
iii. The petitioner/A2 shall comply with the conditions as
laid down under Section 437 (3) of Cr.P.C.
Miscellaneous applications, if any pending in this criminal
petition, shall stand closed.
__________________
K.SURENDER, J
Date :05.09.2023
tk
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION Nos.7994 and 8151 of 2023
Dt.05.09.2023
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