ANIL KUMAR U.R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner (A5) has filed this petition under Sec. 439 of Criminal Procedure Code, 1973 praying to release him on bail in connection with Crime No. 37 of 2016 registered by the respondent-police, now with CID Police, based on the complaint dated 21-3-2016 lodged by the Joint Director (Examination) Pre-University Board, 18th Cross, Malleswaram, Bengaluru, for the offences punishable under Sections 418, 420, 381 and 201 read with Sec. 120-B of Indian Penal Code, 1860 Sections 23 and 115 of Karnataka Education Act, 1983 and Sec. 3 of Karnataka Control of Organised Crimes Act, 2000 (for short, 'KCOC Act, 2000') and pending on the file of the Principal City Civil and Sessions Judge, Bengaluru (Designated Court).

(2.) Heard the learned Counsel for the petitioner and the learned State Public Prosecutor for the respondent-State.

(3.) Sri S.K. Venkata Reddy, learned Counsel appearing for the petitioner submits that, the material so far collected by the prosecution do not disclose direct involvement of the petitioner in commission of the offences alleged. He submits, as respondent failed to complete the investigation within the prescribed time, they deliberately invoked the provisions of KCOC Act, 2000 with an intention to harass the accused and to deny them bail, in the event of approaching the Court for bail. He submits, according to the prosecution, it is Santhosh Agasimani (A15), who opened the treasury of the Sub-Registrar/Sub-treasury of Hangal, with the help of A14-Kumaraswamy, where the question papers of Chemistry subject of PUC examinations were kept and thereafter with the help of A1 (Manjunath), they took photographs of the question papers through mobile phone and then transferred the same into laptop and made number of copies. He submits, according to the prosecution it is A13 who collected money from the parents of the students who appeared for PUC examinations, who wanted to have copies of the question papers in order to facilitate their children to score more marks in the examination. It is his further submission that, there is no direct or specific allegations so far as this petitioner-Anil Kumar U.R (A5) is concerned. He submits, the prosecution mistaking this petitioner as A7, who is B. Anil Kumar, has falsely implicated this petitioner into the case. He invited the attention of the Court to Para 8 of the Statement of Objections filed by the respondent. He submits, the petitioners-A5 and A4 were summoned by CID on 31-3-2016 and 1-4-2016, as the petitioners-A5 and A4 failed to attend the call of the CID, on subsequent date i.e., 2-4-2016 they were arrested on 6-4-2016 and since then the petitioner has been in Judicial Custody. He further submits, the petitioner is prepared to abide by any conditions that may be imposed by the Court and therefore he prays for allowing the petition by granting bail to the petitioner.