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2022 Supreme(Kar) 1199

IN THE HIGH COURT OF KARNATAKA
H.P. Sandesh, J.
C.N. Shashidhar - Appellant
Versus
State By Cid (high Ground Police) - Respondent
Criminal Petition No. 5136/2022 C/w. Criminal Petition No. 5198/2022, Criminal Petition No. 5396/2022, Criminal Petition No. 5648/2022, Criminal Petition No. 5865/2022, in Criminal Petition No. 5136/2022
Decided On : 22-07-2022

Advocates appeared:
Sri C.H. Jadhav, Senior Counsel A/w.Sri C.R. Raghavendra Reddy, Advocate, for the Petitioners; Sri Shivaswamy, Advocate, for the Petitioner in Criminal Petition No. 5198/2022; Sri C.H. Jadhav, Senior Counsel A/w. Sri Chethan Jadhav, Advocate, for the Petitioner in Criminal Petition No. 5396/2022; Sri. LT. CDR. Avinash Sabarad (Retd.), Advocate, for the Petitioner in Criminal Petition No. 5865/2022; Sri M. Prabhakar, Advocate, for the Petitioners in Criminal Petition No. 5648/2022; Sri V.S. Hegde, SPP-II A/W. Sri H.S. Shankar, HCGP, for the Respondent

The main legal point established in the judgment is the significance of prima facie evidence, the impact of the alleged offences on society, and the ongoing investigation in determining the rejection of bail petitions.

Headnote:

Bail - Offences under IPC - Sections 420, 465, 468, 471, 120B read with Section 34 - The court rejected the bail petitions filed under Section 439 of Cr.P.C. and Section 438 of Cr.P.C. for the offences punishable under the mentioned sections of IPC. The court found prima facie evidence of manipulation of OMR sheets by the candidates and middlemen involved in the PSI examination process. The court emphasized the impact on society and loss of faith in the selection process due to the alleged malpractices.

Fact of the Case:

The petitioners were seeking bail in connection with a case involving manipulation of OMR sheets in the PSI examination process. The prosecution alleged that the petitioners, including candidates and middlemen, were involved in malpractices during the examination.

Finding of the Court:

The court found prima facie evidence of manipulation of OMR sheets by the candidates and middlemen. It emphasized the impact on society and loss of faith in the selection process due to the alleged malpractices. The court also noted the seriousness of the offences and the ongoing investigation, leading to the rejection of the bail petitions.

Issues: The main issues revolved around the involvement of the petitioners in manipulating OMR sheets, the impact of their actions on society, and the ongoing investigation.

Ratio Decidendi: The court's decision was influenced by the prima facie evidence of malpractices, the impact on society, and the ongoing investigation, leading to the rejection of the bail petitions.

Final Decision: The court rejected the bail petitions filed under Section 439 of Cr.P.C. and Section 438 of Cr.P.C. for the offences punishable under the mentioned sections of IPC.

JUDGMENT

1. The Crl.P.No. 5136/2022 is filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Cr.No. 60/2022 of High Grounds police station, Bengaluru city for the offences punishable under Sections 420, 465, 468, 471, 120B read with Section 34 of IPC.

2. The Crl.P.No. 5198/2022 is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr. No. 60/2022 of High Grounds police station, Bengaluru city for the offences punishable under Sections 465, 468, 471, 420, 120B, 409 read with Section 34 of IPC.

3. The Crl.P.No. 5396/2022 is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Cr.No. 60/2022 of High Grounds police station, Bengaluru city for the offences punishable under Sections 128B, 120, 465, 468, 471 read with Section 34 of IPC.

4. The Crl.P.No. 5648/2022 is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Cr.No. 60/2022 of High Grounds police station, Bengaluru city for the offences punishable under Sections 420, 465, 468, 471, 120B read with Section 34 of IPC.

5. The Crl.P.No. 5865/2022 is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No. 60/2022 of High Grounds police station, Bengaluru city for the offences punishable under Sections 465, 468, 471, 420, 120B read with Section 34 of IPC.

6. Heard the learned counsel appearing for the respective petitioners and the learned Special Public Prosecutor (SPP) and the learned High Court Government Pleader appearing for the respondent-State.

7. The factual matrix of the case of the prosecution is that in the complaint dated 30.04.2022, an allegation is made that the Government has issued a Notification No. 98/Recruitment/2/2020-21 for the post of 545 PSI (Civil) posts and in conducting the examination process, accused persons have indulged in malpractice as a result, the persons who have indulged in such acts, their names are also found in the selection list and the same is done in tampering OMR sheets which are not tallied with carbon copy which is in the possession of the candidates and also found some of 22 persons OMR papers are tampered and prima facie found indulged in such acts and candidates who have appeared before the enquiry have not given proper answer and their names are also listed in the complaint. It is also an allegation that the candidates and other accused persons have also indulged in such acts. Hence, the aforesaid cases have been registered in Cr.No. 60/2022 for the aforesaid offences against the respective petitioners.

8. The learned counsel appearing for the petitioner in Crl.P.No. 5198/2022 submits that the petitioner is arraigned as accused No. 4 and he has not indulged in such act and he is having good reputation in the locality and there is no criminal antecedents against this petitioner and he is studying in Sheshadripuram Law College at Bengaluru in 4th Semester (3 years LL.B) course and in view of the registration of the case, apprehended him and he is unable to attend the classes as well as practical regularly. In fact he has taken coaching in the "Jannagangothri" coaching centre and produced ID cards in respect of coaching centre as well as college. The police have purposefully, intentionally and deliberately implicated him in the case and he is an innocent person and he has not committed any offences as alleged in the complaint and he is in custody from the date of the arrest and in view of the judicial custody, his personal liberty is affected and a frivolous complaint is filed against the petitioner. The counsel further submits that the complaint is a cooked up complaint and not in accordance with Section 2(d) of Cr.P.C. and penal provisions which have been invoked not attracts against him and he has not used any forged documents and not committed illegal act and the counsel further submits that he is 22 years old and his father is also suffering from medical ailment and prayed to

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