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2023 Supreme(Kar) 1271

IN THE HIGH COURT OF KARNATAKA (KALABURAGI BENCH)
K. NATARAJAN, J.
R.D. Patil @ Rudragouda and anr. - Petitioners
Versus
State and anr. - Respondents
Criminal Petition No.201625 of 2023 Connected With Criminal Petition Nos.201627 of 2023, 201738 of 2023, 201736 of 2023, 201735 of 2023, 201734 of 2023 and 201732 of 2023
Decided on : 13-12-2023

Advocates:
Advocate Appeared:
For the Appellant :Sri. M.S.Shyam Sundar, Senior Counsel For Sri. Ashok Mulage, Advocate
For the Respondents: Sri.B.N.Jagadeesha, Addl. Spp For Smt.Anita M. Reddy, HCGP

The court dismissed anticipatory bail petitions due to the serious nature of allegations against the petitioner, emphasizing the need for custodial interrogation and the risk of witness tampering.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail - Petitioner sought anticipatory bail in multiple FIRs for examination malpractice involving Bluetooth devices - Court dismissed the petitions citing serious allegations and prior involvement in similar offences. (Paras 21, 24, 25)

(B) Maintainability - Court affirmed that the petition for anticipatory bail was maintainable despite body warrant issued in another case. (Paras 21, 22)

Facts of the case:
Petitioner involved in multiple FIRs related to examination malpractice, allegedly receiving large sums of money to assist candidates using Bluetooth devices during examinations. (Paras 9-15)

Findings of Court:
The petitioner is an habitual offender with serious allegations against him, requiring custodial interrogation. (Paras 24, 26)

Issues: The main issues were the maintainability of the anticipatory bail petition and the merits of granting bail given the seriousness of the allegations. (Paras 20, 24)

Ratio Decidendi: The court ruled that the serious nature of the allegations and the petitioner's habitual offending justified the denial of anticipatory bail. (Paras 24, 26)

Result: Criminal Petition Nos.201625/2023, 201627/2023, 201738/2023, 201736/2023, 201735/2023, 201734/2023 and 201732/2023 are dismissed.

ORDER :

K. Natarajan, J. - Criminal Petition No.201625/2023 is filed by the petitioner/accused No.2 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.295/2023 registered by University Police Station, Kalaburagi, for the offences punishable under Sections 109, 114, 120B, 420, 34, 37 of IPC and section 66(D) of Information Technology Act, 2008 (for short, hereinafter referred to as 'IT Act')

2. Criminal Petition No.201627/2023 is filed by the same petitioner who is accused No.1 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.267/2023 registered by Afzalpur Police Station, Kalaburagi District, for the offences punishable under Sections 109, 114, 120B, 420, 34, 36, 37, 149 of IPC.

3. Criminal Petition No.201738/2023 is filed by the same petitioner/accused under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.144/2023 registered by Yadgiri Town Police Station, Yadgir District, for the offences punishable under Sections 109, 114, 120B, 420, 149 of IPC.

4. Criminal Petition No.201736/2023 is filed by the same petitioner/accused under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.145/2023 registered by Yadgiri Town Police Station, Yadgir District, for the offences punishable under Sections 109, 114, 120B, 420, 149 of IPC.

5. Criminal Petition No.201735/2023 is filed by the same petitioner/accused under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.146/2023 registered by Yadgiri Town Police Station, Yadgir District, for the offences punishable under Sections 109, 114, 120B, 420, 149 of IPC.

6. Criminal Petition No.201734/2023 is filed by the same petitioner/accused under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.147/2023 registered by Yadgiri Town Police Station, Yadgir District, for the offences punishable under Sections 109, 114, 120B, 420, 149 of IPC.

7. Criminal Petition No.201732/2023 is filed by the same petitioner/accused under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.148/2023 registered by Yadgiri Town Police Station, Yadgir District, for the offences punishable under Sections 109, 120B, 149, 420, 114 of IPC.

8. Heard Sri.M.S.Shyam Sundar, learned Senior Counsel for the petitioner appearing for the petitioner's counsel and Sri.B.N.Jagadeesha, learned Additional State Public Prosecutor for the respondent-State.

9. Criminal Petition No.201625/2023 is arising out of Crime No.295/2023 registered by University Police Station, Kalaburagi, wherein Sushilkumar, Police Inspector of University Police, Kalaburagi, filed a report alleging that on 28.10.2023 at 11.30 a.m., when he was in the Police Station, he received some credible information to the effect that some malpractice is going to be committed during the FDA examination conducted by the Karnataka Examination Authority (for short, hereinafter referred to as 'KEA') in the University Campus at Kalaburagi. Immediately, at 12.25 p.m., he along with panchas and staff went to the spot and there, they saw the candidates going out after completion of examination and saw a Maruti Swift Car bearing registration No.KA-51-MD-2760 and when the said car was about to move, on suspicion, he stopped the car. He found three men and a woman were sitting in the said car. The person who was sitting by the side of the driver was hiding something in the pocket and on enquiry, he revealed his name as Laxmiputra and that he is a student of B.Sc., and he came from Afzalpur and on further enquiry, he informed that he has contacted the petitioner-R.D.Patil and he has paid Rs.5,00,000/- to the petitioner and received Bluetooth device for the purpose of writing examination and through Bluetooth device, Gangadhar and Shailashree were giving answers. On searching, the complainant-Police Inspector found a Smart Phone with two sim numbers and there was no sim cards and he also found a battery Bluetooth device, apart from a earphone along with the Hall Ticket with registration No.J-2896 and a carbon c

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