H.B. Prabhakara Sastry, J.

The appellant herein had made an application under Section 227 of Code of Criminal Procedure, 1973, (hereinafter for brevity referred to as 'Cr.P.C.'), seeking his discharge in respect of the offences punishable under Sections 3(2), 3(5) of Karnataka Control of Organised Crimes Act, 2000, (hereinafter for brevity referred to as 'KCOCA'), Sections 120(B), 109, 411 of Indian Penal Code, 1860, (hereinafter for brevity referred to as 'IPC') read with Sections 115 and 23 of the Karnataka Education Act, 1983 (hereinafter for brevity referred to as 'Education Act'), in Special C.C.No.417/2016, on the file of Prl.City Civil & Sessions Judge, Bengaluru, (hereinafter for brevity referred to as 'Special Court'). The Special Court by its order dated 20.11.2017, along with other similar applications filed by accused Nos.17 and 18, rejected the application filed by the present appellant also. Challenging the said order of the Special Court, the appellant has preferred this appeal.

2. The summary of the case of the prosecution as could be gathered from the materials placed before this Court is that, on the basis of a written information laid by the Joint Director of Pre-University Board, Karnataka, on 22.3.2016, the respondent/complainant police registered a case in their station Crime No.37/2016, against unknown persons for the offences punishable under Sections 418, 420, 381 of IPC, and under Sections 115 and 23 of Education Act, and took up the investigation.

The summary of the allegations made in the first information is that the examination of Second Year Pre-University Course (hereinafter for brevity referred to as 'PUC'), was scheduled to be held between 11.3.2016 and 28.3.2016. On 21.3.2016, the examination in the subject Chemistry, was scheduled and on the same day, at about 7.29 a.m., the informant learnt that the question papers of Chemistry examination of Second Year PUC was leaked in manuscript and on comparison with the original, the same were similar. Hence, the informant laid the information with the respondent police seeking appropriate legal action. Based on the said information, the jurisdictional police registered a case as stated above and commenced the investigation.

3. Subsequently, vide requisition of the Investigating Officer dated 11.4.2016, Section 120-B and Section 201 of IPC were proposed to be added during the course of investigation and the present appellant was arraigned as accused No.13. Thereafter, the respondent invoked Section 3 of KCOCA, as such, the entire case stood transferred to Special Court constituted under KCOCA.

4. In the meantime, on 31.3.2016, one more case in Crime No.48/2016, was registered on the file of the respondent/complainant police for the offences punishable under Sections 418, 420, 381 of IPC and under Section 115 and Section 23 of the Education Act, in connection with leakage of question papers pertaining to PUC examination rescheduled to be held on 31.3.2016. Since the offences in both the crime numbers were allegedly similar in nature and alleged to have been carried out by the same group, which circumstances indicate proximity in time, place and commonality of purpose and constituted same part of transaction carried out with a common object, by virtue of the order dated 6.9.2016, passed by the Addl. Director General of Police (hereinafter for brevity referred to as 'ADGP'), CID, Bengaluru, both cases were investigated together and a common comprehensive charge sheet was filed against eighteen accused persons. The appellant had been re-arraigned as accused No.10 in the charge sheet.

5. The summary of the allegation made in the charge sheet in so far as present appellant is concerned is that, he had conspired with accused Nos.7 and 9 to secure question papers before hand with an intention to facilitate .. (name concealed in the charge sheet), to enable to secure more marks than other deserving students and through them, had contacted accused No.6 and