SRI.A.HANAMATHA RAJUS/O AMRUTHAYYA v. THE STATE

This bail petition is filed under section 438 of Cr.P.C. seeking to enlarge the petitioner on bail in the event of his arrest in crime No.19/2018 of Ashok Nagar Police Station for the offences punishable under sections 406, 409, 420, 120(B), 463, 464, 465, 471, 415, 418, 201, 109 read with section 34 of IPC and section 66 and 67 of I.T. Act 2000 and K.P.S.C. Examination Malpractice Act.

2. It is the case of the prosecution that first informant one Sri Mohd. Rabbani resident of Afzalpur was running a hotel business and he became 3acquainted with accused No.5 who informed him that he knows one Mahimood and Tamajid Patel and these persons by taking money providing jobs in various government departments. They are ready to provide FDA job if he pays Rs.13,00,000/-. Believing him informant has paid advance of Rs.2,00,000/- to accused Nos.5 and it is alleged that before one month of incident accused No.5 called informant and introduced other accused persons to him near Central Bus Stand Kalaburagi. The accused persons assured him that they will provide FDA job and it costs Rs.13,00,000/-. On 24.02.2018 at about 5.30 p.m. in front of Central Bus Stand near Kamal Hotel, accused No.5 called informant and other persons. Informant and other job aspirants gave advance amount of Rs. 2,00,000/- each to the accused persons and accused persons asked them to come at 8.00 a.m. on the next day i.e. on 25.02.2018 and they would provide answer sheets to the questions of FDA examination. Informant and other 4persons went near Kamal Hotel and waited there but the accused persons did not come there. Thereafter, informant and other persons tried to call the numbers given by accused persons and learnt that the numbers given by them were switched off. Hence informant filed the complaint. On the basis of which the respondent police initially registered case against accused Nos.1 to

5. In the course of investigation, Investigating Officer collected material and filed the charge sheet against accused Nos.1 to 19. Thereafter, Investigating Officer has filed additional charge sheet against accused No.20 who is Deputy Secretary of K.P.S.C., the petitioner herein. In the course of investigation, Investigating Officer found that huge amount has been received by the accused persons promising the complainant and other persons to provide jobs and misused the said amount and they also forged and created many documents.

53. The petitioner has stated that he is innocent and nothing to do with the alleged offence and he has been falsely implicated by filing the additional charge sheet. There is no material against him to connect with the alleged offences. The allegations against him is that he received Rs.70,00,000/- from accused No.1 for the purpose of allotting National B.Ed. College and Global Womens B.Ed. College as examination centers for K.P.S.C. Examination. He has further stated that all other accused persons have been enlarged on bail by the Sessions Court and by this Court.

4. The petitioner has further stated that he appeared before the concerned Investigating Officer on 22.04.2018 and was interrogated extensively by the Investigating Officer on that day and also on 28.05.2018 and thereafter additional charge sheet was filed.

5. Heard learned counsel for the petitioner and the learned High Court Government Pleader.

66. Learned counsel for the petitioner submits that the petitioner has been arrayed as accused No.20 in the additional charge sheet and his name was not shown in the original charge sheet and that all other accused persons are already enlarged on bail. The petitioner is not required for custodial interrogation, since charge sheet is filed. Therefore he may be enlarged on anticipatory bail.

7. Per contra, learned High Court Government Pleader opposes the bail petition.

8. It is not disputed, that all other accused involved in the case have been enlarged on bail either by the learned Sessions Judge or by this Court. The petitioner is arrayed as accused No.20 in the additional charge sheet filed by the Investigating Officer, alleged offences are triable by the Court of Magistrate and they are not punishable either with death or life 7imprisonment. It is also stated that he is working as Deputy Secretary in K.P.S.C. and permanent resident of Bengaluru.

9. Under these circumstances, I am of the considered opinion that the petitioner can be enlarged on anticipatory bail by imposing necessary conditions to see that he would appear before the trial Court regularly and he will not tamper with the prosecution witnesses. Accordingly, I proceed to pass the following: ORDER The bail petition under section 438 of Cr.P.C. is hereby allowed. The petitioner is ordered to be enlarged on bail in crime No.19/2018 of Ashok Nagar Police Station for the aforesaid offences on his executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer on following condition:

81. The petitioner shall appear before the Investigating Officer within 10 days from today.

2. The petitioner shall not threaten or allure the prosecution witnesses in any manner.

3. The petitioner shall appear before the trial Court regularly. Sd/- JUDGE