KABC010018072023
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. 578/2023
Petitioners:
1. Poorna Chandra B.K.
S/o. Krishnegowda B.M.
Aged about 31 years,
R/at. No. 133, 3rd Main,
ist cross, Mylasandra,
BEML Layout, 7th stage,
2nd Phase, R.V.Nikethan,
Bengaluru- 560059.
2. Ganesh Prasad S.M.
S/o. Manjunath Prasad,
R/at. No. 560, 8th Main,
RPC Layout, Vijayanagar,
Bengaluru- 560 040.
(By Sri. Elukoti N, Adv.)
//Vs//
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Respondent:
The State of Karnataka,
By Jnanabharathi Police station,
Bengaluru.
Now investigated by CID,
Palace Road, Bengaluru.
(Rep. by Learned Public Prosecutor.
Bengaluru City)
ORDER
The petitioners have filed this petition U/sec. 438 of
Cr.P.C., for the grant of anticipatory bail in the event of their
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 petitioners have contended as under;
The petitioners are innocent and they have not
committed any offence. They have been falsely implicated in
the case. They are the students of BCA in the year 2017 to
2020 and now they are working at a private concern. There
is no material to show that they have committed the
offences as alleged against them. The name of these
petitioners are not found in the complaint. The petitioners
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Crl.Misc. 578/2023
are law abiding citizens and they are the permanent
residents of the address given in the cause-title. The
offences alleged against them are not punishable with
death or life imprisonment and are triable by learned
Magistrate. They are ready to offer surety for their release
on bail and to abide by the conditions that may be imposed
by the Court. Several other accused persons who stand on
the same footing as that of these petitioners have been
granted anticipatory bail, therefore these petitioners are
also entitled for bail on the ground of parity. If they are
arrested and detained in custody, their 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 these petitioners for
having committed the offences. The offence is non-bailable.
The petitioners are absconding and they are is not cooperating in the investigation of the case. They required for
the purpose of investigation. If they are granted anticipatory
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Crl.Misc. 578/2023
bail, they may tamper with prosecution witnesses and
hamper the investigation. There is likelihood of their
abscondance.
4. Heard the learned counsel for the petitioners and
learned Public Prosecutor for respondent.
5. The points that arise for my consideration is :
1. Whether the petitioners are entitled for
anticipatory bail as prayed by them?
2. What Order?
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
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Crl.Misc. 578/2023
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
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 these petitioners are not found in the
FIR. The petitioner has contended that they are innocents
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Crl.Misc. 578/2023
and they have not committed any offence and they have
been falsely implicated in this case. However they have
been called for enquiry by issuing notice U/sec. 41(a) of
Cr.P.C. They apprehends their arrest, in such an event their
reputation will be spoiled and it will affect their 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
February 2023, it appears that so far the respondent police
have not collected the materials against these petitioners to
show their 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, these petitioners
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Crl.Misc. 578/2023
are entitled for anticipatory bail on the ground of parity.
11. The offence alleged against these petitioners are
non-bailable, but not punishable with death or life
imprisonment, it is triable by a magistrate.

These
petitioners are youngsters and they were student of BCA
in the year 2016 to 2019 and now they are working at a
private concern. If they are arrested and detained in custody
their future career may be spoiled. Further, it is contended
that these petitioners are hailing from respectable family
and they have got deep roots in the society and there is no
chance of they fleeing from justice. They under take to cooperate in the investigation of the case. They are ready to
offer surety for their 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:
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Crl.Misc. 578/2023
ORDER
The bail petition filed by the petitioners No.1
and 2 U/Sec. 438 of Cr.P.C. is hereby allowed.
The petitioners shall be released on bail in the
event of their 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 petitioners No.1 and 2 shall execute
personal bond for a sum of Rs.1,00,000/(Rupees One lakh only) each with one
surety each for like sum to the satisfaction
of the I.O.
2. The petitioners shall not tamper with
prosecution witnesses.
3. They shall co-operate in the investigation
of the case.
4. They shall not leave the jurisdiction of the
Court without prior permission.
5. They shall furnish their photo identity card
for residential proof to the I.O.

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Crl.Misc. 578/2023
(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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Orders pronounced today in open court
vide separate orders.

ORDER
The bail petition filed by the petitioners No.1
and 2 U/Sec. 438 of Cr.P.C. is hereby allowed.
The petitioners shall be released on bail in the
event of
their
arrest in Crime No. 1/2021
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Crl.Misc. 578/2023
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 petitioners No.1 & 2 shall execute
personal bond for a sum of Rs.1,00,000/(Rupees One lakh only)each with one
surety each for like sum to the satisfaction
of the I.O.
2. The petitioners shall not tamper with
prosecution witnesses.
3. They shall co-operate in the investigation
of the case.
4. They shall not leave the jurisdiction of the
Court without prior permission.
5. They shall furnish their 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. 578/2023