Crl.P.No.6623/2022 is filed by the petitioners/accused

Nos.6, 8, 9 and 10, Crl.P.No.6777/2022 is filed by the

petitioner/accused No.3 and Crl.P.No.7178/2022 is filed by the

petitioners/accused Nos.5 and 7 under Section 439 of Cr.P.C.,

for granting regular bail in respect of Crime No.146/2022

registered

by

Magadi

Police

Station

and

presently

in

C.C.No.4356/2022 pending on the file of Principal Civil Judge

(Jr.Dn.) & JMFC., Magadi, for the offences punishable under

Sections 114, 417, 418, 420, 201, 384, 120B of IPC, Sections

24A and 115A of the Karnataka Educational Act, 1983 and

Section 66 of the Information Technology Act, 2000.

2.

Heard the learned counsel appearing for the

petitioners and the learned State Public Prosecutor-II appearing

for the respondent-State in all the petitions.

3.

The case of the prosecution is that the DDPI., of

Ramanagara District, filed a complaint to the Police on

6

24.05.2022 alleging that, accused No.1 said to be working as

Clerk in Magadi Kempegowda High School, Magadi and there was

a SSLC., examination in the State started from 28.03.2022 till

11.04.2022; accused No.1 in collusion with accused No.5, the

Head Master of the High School took the photo copy of the

Question Paper, taken the print out and supply to accused Nos.6

to 8, who were the teachers working in the said School and

accused Nos.8 to 10 said to be prepared the answers and went

to the examination hall and given the answers to the students

and facilitate the students to get through in the SSLC.,

Examination with an ulterior motive and also deprived the right

of the meritorious students, who were appeared for the SSLC.,

Examination, the fact of taking the photograph of the question

paper leaking the same was came to the knowledge of accused

Nos.3 and 4, who said to be the Press People and they also said

to be extorted the amount from accused Nos.1 and 2 to the tune

of Rs.10,000/- and Rs.2,500/- each. After the arrest of accused

No.1 on 24.05.2022 on the voluntary statement of accused No.1,

all these petitioners were arrested on 25.05.2022 and they have

been remanded to the judicial custody. The Police have

7

investigated the matter and filed the charge-sheet. Their bail

petitions came to be rejected. Hence, they are before this Court.

4.

The learned counsel appearing for the petitioners

contended that the petitioners are innocent for the alleged

offences and they have been falsely implicated in the case. Even

the Investigating Officer has not recorded the statement of any

of the students, who written the examination in the said School.

The invigilators used to appoint from some other school. They

also not examined and cited as a witness to show accused Nos.6

to 10 distributed the answers to the students. The investigation

has already been completed and the charge-sheet has been filed

and they are not required for any custodial trial. The petitioners

are teachers and the law-abiding citizen and they are ready to

abide any conditions that may be imposed by this Court and they

are in custody for more than two months. Hence, prayed for

granting of bail.

5.

Per contra, the learned State Public Prosecutor – II

vehemently objected the bail petition and contended that the

petitioners being teachers in collusion with accused No.5 and

8

accused No.1 leaked out the question paper by taking the

photographs, print out and given the answers to the students in

order to show the results are very good and get the benefit out

of the results by raising the school fee, donation etc. The mobile

phones seized by the Police sent to the FSL for getting the report

depriving the messages as the petitioners are already deleted

the same from their mobile phones. Therefore, the FSL reports

are awaited. Hence, the petitioners are not entitled for bail and

there is a chance of committing the similar offences, if they have

been enlarged on bail. Hence, prays to reject the bail petitions.

6.

Having heard the arguments of the respective

counsel an