KABC010018082023
IN THE COURT OF THE LI ADDL. CITY CIVIL & SESSIONS
JUDGE AT BENGALURU CITY. (CCH 52)
Dated this the 1st day of February 2023
:PRESENT:
Sri. Yashawanth Kumar, B.A.(Law), LL.B,
LI Addl. City Civil & Sessions Judge,
Bengaluru City.

Crl. Misc. No. 579/2023
Petitioner:
Sri. Anuj Kumar,
S/o. Birendra Prasad,
Aged about 25 years,
R/at. Katriya village,
Ekauni, Aurngabad,
Bihar- 824 113.
(By Sri. Elukoti N, Adv.)
//Vs//
Respondent:
The State of Karnataka,
By Jnanabharathi Police station,
Bengaluru.
Now investigated by CID,
Palace Road, Bengaluru.
(Rep. by Learned Public Prosecutor.
Bengaluru City)
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ORDER
The petitioner has filed this petition U/sec. 438 of
Cr.P.C., for the grant of anticipatory bail in the event of his
arrest by the respondent police in Crime No. 01/2021
registered by the Jnanabharathi P.S. for the offence
punishable under Sections 406, 465, 420, 409, 468 and 120B of IPC r/w. Sec. 34 of IPC.
2. The petitioner has contended as under;
The petitioner is innocent and he has not committed
any offence. He has been falsely implicated in the case. He
was a student of BCA in the year 2016 to 2019 and now he
is working at a private concern. There is no material to show
that he has committed the offences as alleged against him.
The name of this petitioner is not found in the complaint.
The petitioner is a law abiding citizen and he is a permanent
resident of the address given in the cause-title. The offences
alleged against him are not punishable with death or life
imprisonment and are triable by learned Magistrate. He is
ready to offer surety for his release on bail and to abide by
the conditions that may be imposed by the Court. Several
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Crl.Misc. 579/2023
other accused persons who stand on the same footing as
that of this petitioner have been granted anticipatory bail,
therefore this petitioner is also entitled for bail on the
ground of parity. If he is arrested and detained in custody,
his reputation and future career will be spoiled.
3. The learned public prosecutor has appeared for the
respondent and filed objections along with the report of the
I.O. contending that the petition is not maintainable. There
are prima-facie materials against the petitioner for having
committed the offences. The offence is non-bailable. The
petitioner is absconding and he is not co-operating in the
investigation of the case. He required for the purpose of
investigation. If he is granted anticipatory bail, he may
tamper with prosecution witnesses and hamper the
investigation. There is likelihood of his abscondance.
4. Heard the learned counsel for the petitioner and
learned Public Prosecutor for respondent.
5. The points that arise for my consideration is :
1. Whether the petitioner is entitled for
anticipatory bail as prayed by him?
2. What Order?

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Crl.Misc. 579/2023
6. My finding on the above points are as under:
Point No.1: In the Affirmative.
Point No.2: As per final order
for the following;
REASONS
7. Point No.1: The Jnanabharathi Police have
registered a case against the TRS Forms and services Private
Limited and its staff, Bengaluru University DEOs and
programmers, few students and middle men in their Crime
No. 01/2021 for the offence punishable under Sections 120B, 406, 465, 420, 409 and 468 of IPC R/w. 34 of IPC on the
complaint
of
Smt.

K.Jyothi,
Registrar
(Examination),
Bengaluru University, Bengaluru.
8. It is alleged in the complaint that, M/s. TRS Forms
and Services Pvt. Ltd, No.23, Chakrapani street, Mumbalam,
Chennai 650003 having its office at Bengaluru at No.
957/2017, Rajajinagar, Bengaluru 560010 was selected as
authorised agency of the Bengaluru university for scanning
the answer sheets vide E-procurement dt; 24.3.2020. While
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Crl.Misc. 579/2023
scanning the answer sheets after valuation, the marks in
respect of large number of answer sheets were tampered
and it has been specifically stated in the complaint that in
the letter dt: 30.12.2020 M/s. TRS Forms and Services Pvt.
Ltd, stated that after valuation of answer sheets of the
degree examination conducted in the month of September,
October 2020 and one Arun T.K. and one Charan babu who
were working as operation in-charge have tampered the
marks of 804 answer sheets and manipulated the marks
obtained in those answer sheets.
9. The name of this petitioner is not found in the FIR.
The petitioner has contended that he is innocent and he has
not committed any offence and he has been falsely
implicated in this case. However he has been called for
enquiry by issuing notice U/sec. 41(a) of Cr.P.C. He
apprehends his arrest, in such an event his reputation will be
spoiled and it will affect his future career also.
10. The incident took place in the month of September
and October 2020 and the complaint has been lodged in the
month of January 2021. Now we are in the month of
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Crl.Misc. 579/2023
February 2023, it appears that so far the respondent police
have not collected the materials against the petitioner to
show his involvement in commission of alleged offence. It is
alleged that one Arun. T.K. and Charan babu being the
employees of M/s. TRS Forms and Services Pvt. Ltd, have
tampered the marks in the answer sheets by taking money
from the students through middleman. Those 2 persons
have been granted bail. Furthermore, some persons who
alleged to have been acted as middleman and who being the
students paid money to the middlemen, are also granted
anticipatory bail. Under the circumstances, this petitioner is
entitled for anticipatory bail on the ground of parity.
11. The offence alleged against the petitioner are
non-bailable, but not punishable with death or life
imprisonment, it is triable by a magistrate. The petitioner is
a youngster and he was a student of BCA in the year 2016
to 2019 and now he is working at a private concern. If he is
arrested and detained in custody his future career may be
spoiled. Further, it is contended that this petitioner is hailing
from respectable family and he has got deep roots in the
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Crl.Misc. 579/2023
society and there is no chance of his fleeing from justice. He
under take to co-operate in the investigation of the case. He
is ready to offer surety for his release on bail and to abide
by the conditions that may be imposed by the Court. Under
the circumstances, if this petitioner is granted anticipatory
bail by imposing certain conditions, it would suffice to meet
the ends of justice. Accordingly, I answer the point raised
above in the Affirmative.
12. Point No. 2: In view of my above discussion, I
proceed to pass the following:
ORDER
The bail petition filed by the petitioner U/Sec.
438 of Cr.P.C. is hereby allowed.
The petitioner shall be released on bail in the
event of his arrest in Crime No. 1/2021 registered
by the Jnana bharathi P.S. for the offences
punishable under Sections 120-B, 406, 465, 420,
409 and 468 of IPC r/w. Sec. 34 of IPC on
following conditions:
1. The petitioner shall execute personal bond
for a sum of Rs.1,00,000/-( Rupees One
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Crl.Misc. 579/2023
lakh) only with one surety for like sum to
the satisfaction of the I.O.
2. The petitioner shall not tamper with
prosecution witnesses.
3. He shall co-operate in the investigation of
the case.
4. He shall not leave the jurisdiction of the
Court without prior permission.
5. He shall furnish his photo identity card for
residential proof to the I.O.
(Dictated to the Judgement writer, transcribed and computerised by her
and after corrections, printout taken and then pronounced in the Open
Court and signed by me, on this the 1st day of February, 2023)
(Yashawanth Kumar)
LI Addl. City Civil & Sessions Judge,
Bengaluru City
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Crl.Misc. 579/2023
Orders pronounced today in open court
vide separate orders.

ORDER
The bail petition filed by the petitioner U/Sec.
438 of Cr.P.C. is hereby allowed.

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Crl.Misc. 579/2023
The petitioner shall be released on bail in the
event of
his
arrest in Crime No. 1/2021
registered by the Jnana bharathi P.S. for the
offences punishable under Sections 120-B, 406,
465, 420, 409 and 468 of IPC r/w. Sec. 34 of IPC on
following conditions:
1. The petitioner shall execute personal bond
for a sum of Rs.1,00,000/-( Rupees One
lakh only) with one surety for like sum to
the satisfaction of the I.O.
2. The petitioner shall not tamper with
prosecution witnesses.
3. He shall co-operate in the investigation of
the case.
4. He shall not leave the jurisdiction of the
Court without prior permission.
5. He shall furnish his photo identity card for
residential proof to the I.O.
(Yashawanth Kumar)
LI Addl. City Civil & Sessions Judge,
Bengaluru City
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Crl.Misc. 579/2023