PRAVEEN M P Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH the petition is listed for admission, is heard on merits from both sides and taken up for final disposal.

(2.) THIS petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 challenging the order dated 09.12.2014 passed by the Prl. Sessions and Special Judge, Bellary thereby rejecting the application filed by the petitioner under Sections 227 and 239 of Cr.P.C.

(3.) THE facts succinctly stated, this petitioner is arrayed as accused No.15 in the charge sheet filed by respondent -Police in respect of the offence punishable under Sections 120B, 417, 418, 465, 468, 409 of IPC and Sections 117, 121, 138 of Karnataka Education Act, 1983. Totally there are 27 accused persons. The case of the prosecution is, the Vijayanagara Institute of Medical Sciences Hospital, Bellary (hereinafter referred to as 'VIMS for brevity) is established under Section 3 of Rajeev Gandhi University Health Sciences Act, 1984. Rajeev Gandhi University Health Sciences (hereinafter referred to as 'RGUHS' for brevity) every year conducts entrance examination for the post of graduation seats. The eligible candidates will be selected for seats of their choice in accordance with their merit. For the examination of Post Graduation Entrance Test (hereinafter referred to as 'PGCET' for brevity) of the year 2011, a committee was constituted. The then Vice Chancellor/CW -2 was its Chairman. The then Registrar/CW -1 was its Member Secretary. As per the resolution of the said committee, the examination centres were identified and examination was conducted on 30.01.2011. VIMS was also one of such centres. The candidates who got higher rank get benefit of lesser fees and who are not successful in getting higher rank will have to pay donation and fees in crores. The accused Nos.16 to 26 to avoid paying donation and to get higher rank committed illegality in the PGCET test with the connivance of accused Nos.10, 25 and 27. The petitioner being a medical intern is an expert in the subject.