NEHA BANSAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are arrayed as accused 1, 2, 6, 8, 11, 12, 15, 16, 18, 19 & 20 along with accused 3 to 5, 9, 10, 13, 14 & 17 in Special C.C.No.106/2008, registered for offences punishable under sections 120B, 420, 409 and also for an offence punishable under section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the Act').

(2.) THE allegations of the final report are as follows: - "That Dr.P.S.Prabhakaran (A -1) was working as Vice Chancellor of the Rajiv Gandhi University of Health Sciences, Bangalore during the period from 01.06.2005 to 31.05.2008; Dr.V.I.Hukkeri (A -2) was working as Registrar of Rajiv Gandhi University of Health Sciences, Bangalore during the period from 22.07.2005 to 21.07.2006 and Hanumantha Prasad was working as Assistant Registrar of the Rajiv Gandhi University of Health Sciences, Bangalore during the period from 10.04.2005 to 09.04.2006. Dr.P.S.Prabhakaran (A -1) and Sri.V.I.Hukkeri (A -2), Sri.Nitish.R.Desai (A -3), Sri.Anand Halyal (A -4), Sri.Giridhar S.A. (A -5), Smt.Mekhala Dwarakanath B. (A -6), Sri.Sandeep B.E. (A -7), Ms.Neha Bansal (A -8); Sri.S.C.Ashoka (A -9); Sri H.Srinivas (A -10), Smt.Bhavani M Hulinayakar (A -11), Ms.Sida Tagore (A -12), Ms.R.Babitha (A -13), Smt.Nandita .D.Shetty (A -14), Sri Harsha S.K. (A -15), Sri.Raman M.H.(A -16), Sri.Shantanu Savkur (A -17), Sri.Girish B (A -18), Sri.Rajagopal Reddy (A - 19) and Sri. Sumant Hegde (A -20) with the active connivance of Dr.Hanumantha Prasad and Sri.Anil Kumar had entered into a criminal conspiracy at Bangalore and other places in Karnataka during the period 2005 -06 in the matter of giving access to question papers of PGET -2006 prior to the conduct of the examination for enhancing their performance of PGET - 2006 for securing PG Course/PG Diploma Courses in Medical/Dental colleges in the State of Karnataka. In furtherance of the criminal conspiracy, A -1 and A -2 facilitated supply of copies of question papers of PGET -06 to A -3 to A -15 by dishonestly and fraudulently abusing their official position as public servants committed criminal misconduct, and by committing criminal beach of trust thereby cheated the Govt.of Karnataka and other genuine e candidates of PGET -06.

(3.) ACCUSED 1 to 20 pleaded for discharge before the trial court. The learned Special Judge for the reasons best known to him has passed five separate orders in respect of accused 1 and 2; accused No.6; accused 5, 7 to 13, 15 to 18; accused 14 and 20; and accused No.19. The learned Special Judge discharged accused 3 and 4 by a separate order.