- 1 - HC-KAR CNR: KAHC010564242026 NC: 2026:KHC:48402 CRL.P No. 12410 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12410 OF 2026 BETWEEN: SHRI SAHUKAR S SHIVASHANKARAPPA AGED ABOUT 61 YEARS S/O SUGANNA SAHUKAR R/AT BESIDE SARASWATI TEMPLE S B COLLEGE ROAD ANAND NAGAR KALABURAGI - 585 103 PRESENTLY RESIDING AT HOSYLA DREAMZ, NEW BEL ROAD SEENAPPA LAYOUT BENGALURU - 560 094. …PETITIONER (BY SRI ARUNA SHYAM, SR. COUNSEL FOR SRI DILIPKUMARGOWDA R, ADV) AND: THE STATE OF KARNATAKA THROUGH VIDHANA SOUDHA P.S / C I E REP BY PUBLIC PROSECUTOR CITY CIVIL COURT BUILDING BENGALURU - 560 001 …RESPONDENT (BY SRI JAGADEESHA B.N, SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE TO Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010564242026 NC: 2026:KHC:48402 CRL.P No. 12410 of 2026 ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.89/2026 REGISTERED WITH THE RESPONDENT VIDHANA SOUDHA POLICE FOR THE ALLEGED OFFENCES P/U/S 318(3) OF BNS 2023 AND U/S 10 OF KARNATAKA PUBLIC EXAMINATION (MEASURES FOR PREVENTION OF CORRUPTION AND UNFAIR MEANS IN RECRUITMENT) ACT 2023 ON THE LD LV ADDL.CJM BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail in Crime No.89/2026 registered by Vidhana Soudha Police Station, Bengaluru City, for the offences punishable under Section 318(3) of BNS, 2023, and Section 10 of Karnataka Public Examination (Measures for Prevention of Corruption & Unfair Means in Recruitment) Act, 2023 (for short, 'the Act of 2023'). 2. Heard the learned Counsel for the parties. - 3 - HC-KAR CNR: KAHC010564242026 NC: 2026:KHC:48402 CRL.P No. 12410 of 2026 3. FIR in Crime No.89/2026 was registered by Vidhana Soudha Police Station, Bengaluru City, for the aforesaid offences against the petitioner and others based on the first information dated 24.07.2026 received from Dr. Manjunatha S/o late Shivalingaiah, who is the alleged victim in the present case. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.7533/2026 before the jurisdictional Sessions Court, which was rejected on 11.08.2026. Therefore, he is before this Court. 4. Learned Senior Counsel appearing on behalf of the petitioner, having reiterated the grounds urged in the petition, submits that petitioner who is the suspended Chairman of Karnataka Public Service Commission (for short, 'KPSC'), has no other criminal antecedents. The KPSC examinations are conducted by the Controller of Examination who is an IAS officer. The Controller is answerable to the Secretary of KPSC and petitioner has nothing to do with conducting of KPSC examinations. The OMR sheets and other documents relating to the examination that was held for recruitment of 400 - 4 - HC-KAR CNR: KAHC010564242026 NC: 2026:KHC:48402 CRL.P No. 12410 of 2026 Veterinary Officers have been seized and are in possession of the Investigation Officer. In the first information, it is falsely contended that one of the candidate by name Sooguresh Jaka is related to the petitioner. Petitioner is a senior citizen facing serious health conditions. He has cooperated with the police for the purpose of investigation and has appeared before the Investigation Officer twice in the present case. He is ready and willing to further cooperate with the Investigation Officer. In support of his arguments, he has placed reliance on the orders passed by the coordinate bench of this Court in Crl.P.No.3762/2013 (Gomal Bhimappa Vs State of Karnataka) disposed of on 12.07.2013 and Crl.P.No.7183/2026 (Mr. Raj Kumar Vs State of Karnataka) disposed of on 19.05.2026. 5. Per contra, learned HCGP who has filed statement of objections, has seriously opposed the prayer made in the petition. He submits that during the course of investigation, it was found that petitioner was in constant contact with the Controller of Examinations and one Sri Basavaraj Kannale, who is the kingpin in the present case. Petitioner was also in contact with the mediators who were in contact with undeserving - 5 - HC-KAR CNR: KAHC010564242026 NC: 2026:KHC:48402 CRL.P No. 12410 of 2026 successful candidates who are also arrayed as accused in the present case. A separate case was registered against the said successful candidates and the middleman, in Crime No.63/2026 by Vidhana Soudha Police Station and it is found that petitioner was in contact with some of the accused in the said case. He submits that the daughters of the petitioner had secured appointment based on fraudulent documents submitted by them and in this regard, a separate case is registered in Crime No.78/2026 by Vidhana Soudha Police Station, Bengaluru City. Investigation reveals that in addition to the petitioner, his relatives including his son were in constant touch with the other accused persons involved in the present case including the arrested accused. He submits that investigation of the case is under progress and considering the role played by the petitioner in the alleged fraud, his prayer for grant of anticipatory bail needs to be rejected. 6. First information dated 24.07.2026 was received in the present case from Dr. Manjunatha S/o late Shivalingaiah who is the one of the unsuccessful candidates in the competitive examination that was held on 08.01.2026 & 09.01.2026 for - 6 - HC-KAR CNR: KAHC010564242026 NC: 2026:KHC:48402 CRL.P No. 12410 of 2026 recruitment to the post of 400 veterinary officers in Animal Husbandry and Fisheries Department. According to the first informant, relative of the sitting Chairman (petitioner) and other non-meritorious and undeserving candidates have obtained higher marks compared to meritorious and deserving candidates who had secured gold medals and had also excelled in IFS examinations conducted by Union Public Service Commission. The first informant has alleged that petitioner and other accused named in the FIR had committed fraud and had favoured certain non-meritorious and undeserving candidates for extraneous reasons. He has also alleged that accused persons have tampered with the OMR sheets and have manipulated the marks after having received payments from non-meritorious candidates. In the FIR that was registered in Crime No.89/2026 based on the aforesaid first information received from Dr. Manjunatha, petitioner is arrayed as accused no.1 and other concerned members of KPSC are arrayed as accused no.2. The concerned officials of KPSC are arrayed as accused no.3 and non-meritorious candidates selected are arrayed as accused no.4. - 7 - HC-KAR CNR: KAHC010564242026 NC: 2026:KHC:48402 CRL.P No. 12410 of 2026 7. The material made available to this Court would go to show that one Sri Gnanendra, IAS Officer, was appointed as Controller of Examinations at KPSC on 06.02.2024. During the course of investigation, the aforesaid Gnanendra and the alleged kingpin Basavaraj Kannale at whose instance Gnanendra committed the alleged fraud with the assistance of others were arrested. 8. Learned SPP who has filed his statement of objections opposing the bail petition, during the course of arguments, has made available certain documents in a sealed cover, which would indicate that petitioner was in contact with the aforesaid Gnanendra, Basavaraj Kannale and other mediators who had approached the candidates and had collected money from them with an assurance of securing higher marks to them. The documents made available to the Court by the learned SPP would also indicate that not only the petitioner, his other relatives including his son and daughters were in contact with the aforesaid accused persons. The phone call records of the - 8 - HC-KAR CNR: KAHC010564242026 NC: 2026:KHC:48402 CRL.P No. 12410 of 2026 parties collected by the Investigating Officer is part of the documents produced by the learned SPP. 9. It appears that a separate case in Crime No.63/2026 was registered by Vidhana Soudha Police Station, Bengaluru City, for similar offences against non-meritorious selected candidates and others. The documents made available to the Court by the learned SPP would indicate that petitioner was also in contact with some of the accused in Crime No.63/2026. It is also brought to the notice of this Court that the daughters of the petitioner had earlier managed to get appointment/selection in some other competitive examination conducted by KPSC by producing concocted and fraudulent documents in favour of their candidature. In this regard, a separate case has been registered by Vidhana Soudha Police Station in Crime No.78/2026. 10. Petitioner was the Chairman of KPSC at the time of conducting the aforesaid competitive examination for recruitment to the post of 400 Veterinary officers. The documents made available to this Court by the learned SPP not - 9 - HC-KAR CNR: KAHC010564242026 NC: 2026:KHC:48402 CRL.P No. 12410 of 2026 only shows that he was in contact with the aforesaid accused persons, but was also in direct contact with two of the non- meritorious candidates who were selected to the aforesaid posts. Therefore, it cannot be said that, at this stage, there is no material to connect the petitioner to the alleged fraud committed in the present case. 11. The maximum punishment for the alleged offence under the Act of 2023 is, imprisonment for a period of 12 years. The Act of 2023 was enacted with an object to provide for strict and effective measures to curb the use of unfair, corrupt means and leakage of question papers at public examinations conducted for the purpose of recruitment to the post in or under the Karnataka State Government including autonomous bodies, authorities, boards or corporations, and to provide for designated courts for the trial of such offences and for matters connected therewith or incidental thereto. The authorities who are responsible for implementation of the aforesaid Act of 2023, are alleged to have floated the provisions of the very same Act and favoured non-meritorious candidates with an intention to make unlawful gain. The malpractices committed in conducting - 10 - HC-KAR CNR: KAHC010564242026 NC: 2026:KHC:48402 CRL.P No. 12410 of 2026 competitive examinations not only betrays the trust of the general public, but the State too suffers substantial administrative costs. Such frauds committed by the authorities concerned erodes the faith of the public in the system and results in causing unrest among meritorious youth who are denied opportunity because of the fraud played by the authorities concerned in collusion with the non-meritorious undeserving candidates and other middleman, for extraneous reasons. 12. The medical records of the petitioner made available to the court by the learned Counsel for the petitioner does not suggest of any such medical condition which needs immediate attention. Merely for the reason that petitioner has appeared before the Investigation Officer twice, petitioner's prayer for grant of anticipatory bail cannot be entertained, more so when the State Public Prosecutor has made available to this Court prima facie material to show that petitioner is directly connected to the alleged fraud in the present case. - 11 - HC-KAR CNR: KAHC010564242026 NC: 2026:KHC:48402 CRL.P No. 12410 of 2026 13. The Hon'ble Supreme Court in the case of CBI VS VIKAS MISHRA - (2023)6 SCC 49, in paragraph 17, has observed as under: "17. No accused can be permitted to play with the investigation and/or the court's process. No accused can be permitted to frustrate the judicial process by his conduct. It cannot be disputed that the right of custodial interrogation/investigation is also a very important right in favour of the investigating agency to unearth the truth, which the accused has purposely and successfully tried to frustrate. Therefore, by not permitting CBI to have the police custody interrogation for the remainder period of seven days, it will be giving a premium to an accused who has been successful in frustrating the judicial process." 14. In the case of STATE VS ANIL SHARMA - (1997)7 SCC 187, in paragraph 6, the Hon'ble Supreme Court, has observed as under: "6. We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the - 12 - HC-KAR CNR: KAHC010564242026 NC: 2026:KHC:48402 CRL.P No. 12410 of 2026 custodial interrogation is fraught with the danger of the person being subjected to third-degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders." 15. The coordinate bench of this Court in Crl.P.No.3762/2013 disposed of on 12.07.2013, without discussing the merits of the case, had granted interim anticipatory bail to the petitioner who had directly approached this Court without approaching the jurisdictional Sessions Court and had relegated the petitioner therein to the jurisdictional Sessions Court to file a fresh bail application seeking anticipatory bail. 16. In Crl.P.No.7183/2026 disposed of on 19.05.2026, the coordinate bench of this Court has granted anticipatory bail to an accused who had impersonated one of the candidates in the public examination. 17. The facts and circumstances of the aforesaid two cases are totally different, and therefore, the orders passed in the - 13 - HC-KAR CNR: KAHC010564242026 NC: 2026:KHC:48402 CRL.P No. 12410 of 2026 aforesaid two cases cannot be made applicable to the facts of the case on hand. 18. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of discretionary relief of anticipatory bail is liable to be rejected. Accordingly, the following order: 19. Petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK