CRL.P/8218/2014 of MARUTESH Vs THE STATE BY UNIVERSITY on 30 December 2014

ORDER

This petition is filed under Section 438 of Cr.P.C.seeking anticipatory bail in Crime No.290/2014 ofUniversity Police Station, Gulbarga, registered againstthepetitionerandco-accused|for.theoffencespunishable under Sections 420 and 120B of IPC.

2. The gist of the prosecution case is, that thepetitioner passed on the answers to the question paper(Police Constable Examination) by using his mobilephone to accused No.3/a lecturer working in a privatecollege at Gulbarga who in turn forwarded the same toaccused Nos.1l and 2. In turn, they passed on theanswers to the candidates who were taking examinationfor the post of police constable.

3. Sri Hanumantharaya, learned Counsel for thepetitionersubmitsthat|during|theCOUTSEoT|

investigation other accused persons who were arrested, —were subsequently enlarged on bail. so far no|incriminatingmaterialCOUTT|foundagainstthispetitioner in the remand applications submitted to thecourt. The petitioner works as a Principal in a privatecollege at Bangalore. His case stands on parity withthat of the accused who are already enlarged on bail.

4. In reply, Sri B.Visweswaraiah, learned HCGP for,the State submits, except the fact that the co-accusedalter arrest have been already enlarged on bail, the caseof this petitioner is similar to those co-accused who areenlarged on bail.

Oo. Having regard to the fact that upto the lastremand application that was submitted to the Court on17.12.2014,thereWaSnothingCO indicatethe|involvement of this petitioner in the alleged crime, he isbrought to book only on the voluntary statement of thearrested accused which is inadmissible for any purpose,

he is not shown to have any antecedents, and he is aperson of Known identity, address and avocation, I holdthat there is no impediment to grant him anticipatory bail. Accordingly, I pass the following order:

ORDER

1. The petition is allowed.

a2The petitioner is granted anticipatory bailfor a period of three months subject to thefollowing conditions :for a period of three months subject to thefollowing conditions :

a.He shall make himself available.

before the Investigating Officer for|his interrogation and _ co-operatwiththefurtherCOUTSEoT|investigation.|his interrogation and _ co-operatwiththefurtherCOUTSEoT|investigation.|

b.If the Investigating Officer were to|cause recovery of any incriminating|material at his instance, he is at'liberty.cause recovery of any incriminating|material at his instance, he is at'liberty.

CcIf he were to be detained for more|

than 24 hours during interrogation,he shall be produced before the|he shall be produced before the|

jurisdictional Magistrate.

d.In the event of his arrest, he shall beenlarged on bail by executing a Selifbond for a sum of Rs.1,00,000/- for|the likesum..enlarged on bail by executing a Selifbond for a sum of Rs.1,00,000/- for|the likesum..

ecHe shall not prevail upon the|

prosecution witness.

Sd/-)JUDGE