Heard the learned Counsels appearing for the petitioners/accused and the learned Special Public Prosecutor for the respondent-State.

2. All the three petitions are filed under Section 439 of Cr.P.C. Totally 18 accused persons are charge sheeted by the respondent Investigating Officer. Petitioner of Criminal Petition No.6608/17 is arraigned as accused No.6, petitioner of Criminal Petition No.6875/17 is accused No.4 and the petitioner of Criminal Petition No.7621/2017 is accused No.2 in the charge sheet.

3. The allegation is in respect of the offences under sections 411, 454, 457, 380, 381, 461, 166, 120B, 201 r/w section 199 of IPC, sections 115, 23 of Karnataka Education Act, 1983, sections 13(1)(d), 13(2) of Prevention of Corruption Act, 3(1)(ii), 3(2), 3(4), 3(5) of Karnataka Control of Organized Crime Act, 2000 (‘KCOCA’ for short).

4. The petitioner of Crl.P.No.7621/2017 is before this court for the first time. For other two petitioners, it is their second petition on fresh grounds before this Court. Their previous petitions were dismissed by the order of this Court in Crl.P.No.5995/2016 dated 23.11.2016 and connected case on merits.

5. Regarding Criminal Petition No.7621/2017:

The petitioner is arraigned as accused No.2 in Crime No.37/2016 registered by the respondent-Police in respect of the offences under Sections 3(1)(ii), 3(4) and 3(5) of the KCOCA and Sections 120B, 454, 457, 380, 201 and 109 of IPC r/w Sections 115 and 23 of the Karnataka Education Act, 1983.

6. The allegation in its nutshell is, he was a Teacher discharged from service on the allegation of leaking question papers in connivance with his nephew/accused No.1 and accused No.3. He organized a Syndicate and used to collect illegal money by assuring the candidates to procure the question papers beforehand pertaining to Second PUC, Teachers’ Training and KPSC Examination, etc. For the last ten years, he is engaged in similar offences and is a member of the Syndicate engaged in organized crimes. He contacted the fourth accused, who works as a Second Division Assistant in Sub Treasury, Hanagal and induced him to procure the question papers for consideration. After the third accused procured the questions papers pertaining to Second PUC Science paper, he contacted the students and conspired to sell the question papers for Rs.10,000/each. The fact that the Chemistry question paper was leaked came to be published in the newspapers and the reexamination was scheduled to be held on 31.3.2016. Still he obtained the Kannada question paper on 28.3.2016 from the third accused and facilitated the candidates to study the question paper and obtained Rs.90,000/from the parent of the candidate. On coming to know the registration of the case, he destroyed the question papers so procured and the mobile phone used for commission of offence. Thus, he has toppled the system and put lakhs of merit students’ career under jeopardy, etc.

7. Learned Counsel appearing for the petitioner Sri. R.P. Chandrashekar submits, in fact, it is not the case of the prosecution that he directly participated in theft of the question papers that is alleged to have occurred at Sub Treasury, Hanagal on three different dates. The invoking of KCOCA in respect of this petitioner is not legal. Accused Nos.5, 9, 10 to 18 are enlarged on bail. He withdrew his previous petition filed during the crime stage seeking liberty to approach the Court afresh since charge sheet came to be filed at that time. He is in custody since 3.5.2016, undertakes to abide by any condition that may be imposed on him.

8. It is the common submission on behalf of the petitioners of Criminal Petition Nos.6608/2017 and 6875/2017 that though the previous similar petitions filed by them were rejected on merits, now they are seeking consideration of their prayer on fresh grounds i.e., subsequently additional charge sheet is filed and the investigation is now complete; having regard to the fact that they are in custody for 18 months and t