KUMARASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner - accused No.1 is before this Court seeking his release on bail in Crime No.37/2016 (Special C.C.417/2016) of Malleshwaram Police Station, pending on the file of Principal City Civil and Sessions Judge, Bengaluru, for the offences punishable under Sections 454, 457, 380, 201, 120B of IPC and under Sections 115 and 23 of Karnataka Education Act, 1983 and also under Section 3(1) (ii), 3(4) and 3(5) of Karnataka Control of Organized Crime Act, 2000 (hereinafter referred to as 'KCOC Act' for short).

(2.) I have heard the learned Senior Counsel Sri. K.Shashikiran Shetty for Sri.Nishit Kumar Shetty for the petitioner-accused and the learned Special Public Prosecutor Sri.Ashok N.Naik for respondent-State.

(3.) Brief facts of the prosecution case are that the Joint Director (Examinations), Pre-University Board, Bengaluru, lodged the complaint dated 21.03.2016 against unknown persons alleging that II PUC Annual Exams for the academic year 2015-16 were scheduled to be held from 11.03.2016 to 28.03.2016. On 21.03.2016, examination was conducted for Chemistry (New Syllabus) subject. It is further alleged that on 21.03.2016, it came to the knowledge that a facsimile question paper of II PUC Chemistry (New Syllabus) subject was leaked out prior to the commencement of the examination i.e. at about 7.29 a.m. Later when the leaked out facsimile question paper was compared with the question paper given for the examination of Chemistry Subject on 21.03.2016, it corroborated. Complainant requested the respondent - Malleshwaram Police to investigate the matter. On 30.03.2016 the said case was transferred from respondent Police to CID, Bengaluru, and during investigation the CID Police found that leaked question paper was circulated through WhatsApp of mobile phones and traced the cellular mobile numbers from which the leaked question paper was circulated. Then, the CID Police enquired accused Nos.1 to 3 and subsequently; accused Nos.1 to 3 were arrested and their statements were recorded on 04.04.2016. Based on the voluntary statements of accused Nos.1 to 3, it was found by the CID Police that few others are also involved in circulating the leaked question paper for financial gain from beneficiaries. Based on the voluntary statement of accused Nos.5 and 8, it was found that the petitioner in the above petition was also involved in circulation of the leaked question paper for money. The further allegations that accused had sold the leaked question paper and had collected the money. On 11.04.2016 the CID Police requested the jurisdictional Additional Chief Metropolitan Magistrate, Bengaluru, for inserting Sections 120B and 201 of IPC in the said crime i.e., Crime No.37/2016, which was permitted by the said Court. On 18.04.2016 the above petitioner was produced before the Court and he was remanded to judicial custody and even till today he is in judicial custody. On the basis of the complaint, a case was registered.