A Bengaluru sessions court has granted anticipatory bail to two former students, Poorna Chandra B.K. and Ganesh Prasad S.M., in connection with the high-profile marks tampering scandal at Bengaluru University. The court’s decision, delivered on February 1, 2023, by Sri Yashawanth Kumar, LI Additional City Civil and Sessions Judge, highlighted the lack of direct evidence against the petitioners and the principle of parity with other accused individuals already out on bail.

The petitioners sought protection from arrest in Crime No. 01/2021, a case that sent shockwaves through the academic community involving allegations of widespread manipulation of answer sheets and marks during the 2020 degree examinations.

Background of the Bengaluru University Marks Scandal

The case originated in January 2021 following a formal complaint by Smt. K. Jyothi, the then Registrar (Evaluation) of Bengaluru University. The university had outsourced the scanning and processing of answer sheets to a private firm, M/s. TRS Forms and Services Pvt. Ltd.

Investigations revealed that during the scanning process of degree examinations conducted in September and October 2020, marks were systematically tampered with. Specifically, it was alleged that at least 804 answer sheets were manipulated by company employees in exchange for bribes paid by students through various middlemen. The police registered a case under multiple sections of the Indian Penal Code, including Section 120B (Criminal Conspiracy), Section 406 (Criminal Breach of Trust), Section 420 (Cheating), and Section 468 (Forgery for Purpose of Cheating).

Arguments for and Against Anticipatory Bail

Counsel for the petitioners, Sri Elukoti N, argued that Poorna Chandra B.K. (31) and Ganesh Prasad S.M. were innocent youngsters who had completed their BCA degrees between 2017 and 2020. The defense emphasized that neither of the petitioners’ names appeared in the primary complaint or the First Information Report (FIR). They further contended that the investigation had been ongoing for over two years without any concrete material linking them directly to the scam.

The defense also invoked the “ground of parity,” pointing out that several other accused persons—including students who allegedly paid for marks and the middlemen involved—had already been granted bail or anticipatory bail. It was argued that as the petitioners were now working in private concerns, an arrest at this stage would irreparably damage their reputations and future careers.

Conversely, the Learned Public Prosecutor strongly opposed the petition. The state argued that as former students, the petitioners were beneficiaries of a sophisticated criminal network that undermined the integrity of the state’s education system. The prosecution claimed that the petitioners had been absconding and were not cooperating with the CID (Criminal Investigation Department), which is currently handling the probe. They expressed concern that if granted liberty, the petitioners might tamper with witnesses or destroy electronic evidence.

Judicial Reasoning and Court Findings

In his analysis, Judge Yashawanth Kumar observed that the alleged incident took place in late 2020, and despite the passage of over two years, the respondent police appeared to have collected limited material specifically incriminating these two petitioners.

The court noted that the main operation in-charges of the scanning firm, Arun T.K. and Charan Babu, who were accused of the actual manipulation, were already out on bail. Furthermore, the court acknowledged that since the petitioners were youngsters currently employed in the private sector, the potential for “career spoilage” was a valid consideration in a case where the offences are triable by a Magistrate and do not carry the death penalty or life imprisonment.

The court determined that the apprehension of the prosecution regarding the petitioners fleeing from justice could be adequately addressed through strict conditions rather than custodial detention.

Terms of the Bail Order

The court allowed the petition under Section 438 of the Cr.P.C. and directed that in the event of their arrest, Poorna Chandra B.K. and Ganesh Prasad S.M. shall be released on bail subject to the following conditions:

1. Each petitioner must execute a personal bond for a sum of Rs. 1,00,000 with one surety of a like sum to the satisfaction of the Investigating Officer.
2. The petitioners are strictly prohibited from tampering with any prosecution witnesses.
3. They must fully co-operate with the CID investigation and appear before the authorities whenever required.
4. They shall not leave the jurisdiction of the court without prior permission.
5. They must furnish valid photo identity cards and proof of residence to the Investigating Officer.

This ruling ensures that while the CID continues its investigation into the administrative and academic corruption at Bengaluru University, the legal rights and professional futures of the accused are protected during the pre-trial phase.