Deprivation of liberty before conviction should be minimized unless necessary for securing attendance at trial.

JUDGMENT

1. These petitions arise out of Crime No.57/2022 of Station Bazar Police Station, Kalaburagi City, registered for offences punishable under Ss. 120 (B), 409, 420 read with Ss. 34, 36 and 37 of IPC.

2. Charge-sheet is filed against accused Nos.1 to 8 for offences punishable under Ss. 120B, 109, 201, 204, 409, 411 and 420 read with Ss. 34, 36 and 37 of IPC.

3. Petitioner in Crl.P.No.201262/2022 is accused No.7, Petitioner in Crl.P.No.201299/2022 is accused No.2 and Petitioner in Crl.P.No.201453/2022 is accused No.4.

4. Petitioners have filed the respective petitions under Sec. 439 of Cr.P.C. to enlarge them on bail.

5. Heard the learned counsel appearing for petitioners and the learned SPP for respondent - State and perused the material on record.

6. The aforementioned crime is registered on the basis of a complaint lodged by the Dy.S.P, FIU Division, CID Unit, Bengaluru. It is alleged that while investigating the case in Crime No.48/2022 registered at Chowk Police Station, Kalaburagi, accused by name Rudragouda s/o Devendrappa Patil (accused No.1) confessed that at the request of his tax consultant and auditor namely Chandrakanth Kulkarni (accused No.2), he had helped a candidate by name Prabhu (Accused No.3) in the PSI examination conducted on 3/10/2021 at M.S. Irani College Exam Centre by providing him the blue tooth device. Further, during the interrogation of Chandrakant Kulkarni (accused No.2), he confessed that he is acquainted with accused No.1 since last 06 years and knew that he gets candidates selected to various government jobs by providing blue tooth devices to them in the exams and Sharanappa Rajapur (Accused No.4) being acquainted with him had requested to recommend the candidature of his son Prabhu (Accused No.3), a B.Sc. graduate, who had applied for selection to the post PSI. Further, the said Chandrakant (Accused No.2) confessed that a week prior to the examination, he discussed with accused No.1, about the candidature of Prabhu (Accused No.3), who in turn agreed to help him by providing blue tooth device, if money is given to him. Thereafter, accused No.1 asked the said Prabhu (Accused No.3) to give him 03 SIMS and 01 Mobile phone.

7. It is further alleged that accused No.3 forwarded the hall ticket copy to accused No.2 through Whatsapp, informing the examination centre and the said information was furnished to accused No.1. Thereafter, as per the instructions of accused No.1, accused No.3 purchased 2 sim cards and also received the blue tooth device supplied by accused No.1 and attended the examination conducted for the recruitment of PSI with the help of the blue tooth device and got selected to the post of PSI. Thereafter, the amount was delivered to accused No.1, wherein accused No.4/Sharanappa Rajapur was about to give the amount of Rs.30.00 lakhs and another amount of Rs.20.00 lakhs in cash to accused No.1/R.D.Patil.

8. It is alleged that all the accused entered into a conspiracy, pursuant to which they helped an ineligible candidate to pass the PSI examination and thereby deprived the candidature of the eligible candidates and cheated them etc.,

9. Petitioner/accused No.2 is alleged to be working as a Tax Consultant and Auditor. He is said to have requested accused No.1 to help accused No.3/Prabhu in the PSI examination, as per the request of his father i.e., accused No.4/Sharanappa and struck a deal with him. He is alleged to have introduced accused Nos.3 and 4 to accused No.1, consequent to which accused No.1 provided the Bluetooth device, with the help of which accused No.3 wrote the PSI examination conducted on 3/10/2021 and got illegally selected to the post of PSI. Further, it is alleged that the cash was handed over to accused No.1.

10. Petitioner/accused No.4 is alleged to be acquainted with accused No.2/Chandrakant Kulkarni and requested him to recommend the candidature of his son namely Prabhu/accused No.3, a B.Sc. graduate to get him selected to the post of PSI, in turn accused No.2