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2018 DIGILAW 866 (KAR)

Eramallaiah @ Eramallappa S/o Late Billa Mallappa v. State of Karnataka by CID Police, (Malleshwaram P. S. ) Bengaluru

2018-08-08

SREENIVAS HARISH KUMAR

body2018
ORDER : 1. Accused no. 3 in Spl. C.C. 417/2016 on the file of the Principal City Civil and Sessions Judge, Bengaluru, has again applied for bail under section 439 Cr.P.C. 2. Suffice it to say that the allegations found against him are that he too participated in leakage of pre-university examination question papers. His earlier bail application, Crl. Pet. 5995/2016 was dismissed by this court on 23.11.2016. 3. Heard the learned counsel for the petitioner and Special Public Prosecutor. 4. The learned counsel for the petitioner argued that the petitioner and other accused earlier approached this court by filing criminal petitions 5995/2016, 4962/2016, 6032/2016 and 6094/2016 after filing of the charge sheet. Though this court dismissed all the criminal petitions by giving elaborate reasons, subsequently the very same accused except the petitioner approached this court once again by filing criminal petition 6875/2017 c/w criminal petitions 6608/2017 and 7621/2017. These petitions were allowed on 7.10.2017. The State applied for cancellation of bail granted in the said petitions by filing criminal petitions 3277/2018 c/w 3278/2018 and 2484/2018. This court rejected these petitions for cancellation of bail. The State did not challenge it further. Therefore, the petitioner against whom same allegations are made is also entitled to be released on bail on the ground of parity. He further argued that the provisions of Karnataka Control of Organized Crimes Act, 2000 (“KCOC Act” for short) are not applicable and therefore so far the offences under the said Act are concerned, there are no prima facie materials. 5. The learned Special Prosecutor opposed the petition by submitting that parity cannot be extended by considering the order dated 7.10.2017 passed in Criminal petitions 6875/2017 and connected matters. Learned counsel further submitted if this petition is entertained it amounts to reviewing the earlier order. 6. So far as the involvement of the petitioner is concerned, it has to be stated that this court while disposing of criminal petition 5995/2016 and connected matters has given detailed reason for denying bail. The role of petitioner is prominently forthcoming from the charge sheet. Whether the offences under the KCOC Act can be invoked or not is also discussed and therefore this point does not require reconsideration. However, the question remains whether parity can be extended to the petitioner or not. The role of petitioner is prominently forthcoming from the charge sheet. Whether the offences under the KCOC Act can be invoked or not is also discussed and therefore this point does not require reconsideration. However, the question remains whether parity can be extended to the petitioner or not. After dismissal of the criminal petitions 5995/2016 and connected matters, accused 2, 4, approached this court by filing criminal petition 6875/2017 and connected matters. They were enlarged on bail. Thereafter, the State applied for cancellation of bail and those petitions were also dismissed. From the charge sheet it can be very well made out that the involvement of the petitioner is much as that of accused nos. 1 and 2; may be different, roles are attributed to them. Since accused no. 2 is released on bail, the petitioner can also claim bail on the ground of parity. If bail is granted on this ground, it does not amount to reviewing the earlier order of denying bail. Parity is very much applicable and if it is not extended to the case of petitioner, it amounts to doing injustice. Hence, the following order: (a) Petition is allowed. (b) Petitioner shall be released on bail in connection with Crime No. 37/2016 (Spl. C.C. 417/2016) registered by respondent-police on his executing a bond for a sum of Rs. 2,00,000/- (Rupees Two Lakhs only) and providing two sureties for the like sum to the satisfaction of the trial Court. The petitioner is also subjected to the following conditions: (1) He shall regularly appear before the Court during trial. (2) He shall not threaten the witnesses and tamper with the prosecution evidence. (3) He shall not involve in any criminal case in future and if any report is made about his involvement in any criminal case, bail granted stands automatically cancelled.