Bangalore District Court
R.V Venkatappa vs Yatish Alias Mohammed Iliyas on 17 January, 2024
KABC030914302018
Presented on : 17-12-2018
Registered on : 17-12-2018
Decided on : 17-01-2024
Duration : 5 years, 1 months, 0 days
IN THE COURT OF THE I ADDL.CMM BENGALURU
Dated this the 17th day of January, 2024
Present: Shri Anand S Kariyammanavar,
B.A., LL.B(Hon's).
I Addl. C.M.M BENGALURU.
JUDGMENT U/s.355 Cr.P.C.,
Case No. : C.C.No.33257/2018
Date of Offence : 17.04.2016
Name of complainant : State by Kodigehalli PS,
Bengaluru
(By Learned Sr. APP)
Name of accused : 1. Yathish @
Mohammed Iliyas
R/at No.20/34, 2nd Cross,
8th Main road, Bhadrappa
layout, Kodigehalli,
Bengaluru.
2. Smt.Yasmin Taj @ Nisha,
W/o Late Attaulla Khan,
2 C.C.No.33257/2018
C/o Krishnappa building,
Bhuvaneshwarinagar,
Nagashetty village,
Bengaluru.
3. Vijay Kumar Putani,
S/o Basagunda Putani,
R/at No.122, 3rd cross,
7th Main, Bhuvaneshwari
Nagar, T.Dasarahalli,
Bengaluru.
4. Christina @ Tina,
R/at near Dyapoodi
School, 5th main,
Sanjaynagar,
Bengaluru.
5. Matapathi Basavaraju,
S/o Chooda Maniyappa,
R/at Krishnappa
Building, 1st floor,
Basaveshwara layout,
Nagashetti village,
Bengaluru.
(By Sri.B.K.R., Adv.,).
Offences complained off: U/s. 355, 384, 389, 392,
419, 420, 120(B) r/w
34 IPC
Plea of accused : Pleaded not guilty
Final Order : Accused No.1 to 5 are
acquitted
Date of Order : 17.01.2024
3 C.C.No.33257/2018
JUDGMENT
Complainant police have filed charge sheet against the accused No.1 to 5 for the offences punishable u/s 355, 384, 389, 392, 419, 420, 120(B) r/w 34 IPC.
2. Brief facts of prosecution case are that :-
It is the case of the prosecution that CW-1 knew accused No.2. On 17.04.2016, accused No.2 called CW-1 to meet her in order to sell the property. Accordingly, around 1.30 PM, he went to accused No.2's apartment situated at Sahakar Nagar. When CW-1 was talking to accused No.2 in respect of selling the property, the accused No.2 took him to her room to give documents pertaining to the said land then she forced CW-1 to remove the shirt. At that time the accused No.1 & 5 came inside the room and told CW-1 that he is doing prostitution. Then accused No.1 & 5 took photos of CW-1 and accused No.2 and threatened CW-1 they will file case against him. Then accused No.2 instructed CW-1, if the complaint is registered our reputation will be damaged and told CW-1 to 4 C.C.No.33257/2018 settle the matter. Later accused No.1 called accused No.3 and accused No.3 acted as Inspector then told to settle the matter there only. Later accused demanded Rs.2 lakhs not to register the case but CW-1 was not having any amount. He paid Rs.5,000/- in the spot and promised to pay remaining amount. On the next day however the accused refused the same. Later they threatened that they will give photos to media and forced him to ask money from his friends. Later accused took CW-1 in his car and CW-1 collected Rs.20,000/- from his friends and issued cheque of Rs.1,75,000/-. Accordingly, CW-1 gave complaint against the accused.
3. Accused have appeared before court during crime stage and they were enlarged on bail. After filing of charge sheet, cognizance of above offences is taken and summons was issued. Accused have appeared in pursuant summons. Copy of charge sheet is furnished to accused under Sec.207 of Cr.P.C and charge is framed. 5 C.C.No.33257/2018 Accused have not pleaded guilt of alleged offences and they have claimed to be tried.
4. In order to prove the guilt of the accused, prosecution has examined 8 witnesses as P.Ws.1 to 8 and got marked 27 documents as per Exs.P1 to P27. The prosecution also marked material objects as per M.O.1 to 16. Later statement of accused under Section 313 of Cr.P.C. has been recorded. The accused No.1 to 5 have denied incriminating evidence against them and they have not led any defence evidence.
5. On the basis of charge sheet allegation, the following points arose for consideration:
1. Whether the prosecution proves beyond an reasonable doubts that on 17.04.2016, accused No.2 calld CW-1 to her apartment at Sahakarnagar with respect to sell the property and called him to her bed room to give documents, at that time other accused entered the house by claiming they are the CCB police alleged CW-1 and accused No.2 that they are doing prostitution business. Further accused demanded Rs.2 lakhs from CW-1 and threatened him, in the event he fails to make payment accused would telecast the 6 C.C.No.33257/2018 video recorded in the media and also going to arrest and prosecute CW-1.
Further CW-1 gave Rs.25,000/- cash and issued a cheque of Rs.1,75,000/- thereby accused persons with common intention with a criminal conspiracy committed extortion, cheated CW-1 and committed the offence punishable u/s 355, 384, 389, 419, 420, 120(B) r/w 34 IPC?
2. What order ?
6. Heard arguments of learned Sr.APP and learned counsel for accused. Perused oral and documentary evidence adduced by the prosecution. The following are findings to above points.
Point No.1 : In the Negative
Point No.2: As per final order, for the
following:
REASONS
7. Point No.1:- Prosecution in order to prove its
case examined CW-10 as PW1. He being one of the victim of honey trap deposed that in the year 2010, one lady called him got introduced herself and she used to message him and she called to her residential place. 7 C.C.No.33257/2018 When he went there at that time one person who wore police uniform threatened him that he is doing illegal activities and also demanded amount not to register the case. Accordingly, CW-10 paid Rs.20,000/- cash. Later he called from CCB office and he informed about the incident and given his statement. However CW-10 who was subsequently recalled was summoned to appear before this court for cross examination. In spite of sufficient process CW-10 not appeared before the court thereby on 06.03.2023, the evidence of CW-10/PW-1 was discarded.
8. Further prosecution examined CW-9 as PW2. He being one of the pancha witness deposed that he was present at the time of mahazar as police registered the case for honey trap and there were accused and other pancha witnesses and accused No.2 was doing honey trap business by colluding with other accused. Further he deposed that the said accused were also blackmailed 8 C.C.No.33257/2018 him. He identified mahazar as Ex.P.1 and his signature appearing on it as Ex.P.1(a).
9. Further prosecution examined CW-1 as PW-3. He being the complainant/victim partly turned hostile and not supported the case of the prosecution. Further witness not identified the accused and he identified the complaint and mahazar the same are marked as Ex.P.2 & 3. Though learned Snr.APP cross examined CW-1/PW- 3, he deposed that ;
"ದ .17.04.2016 ರರಂದದು ನಿಶಶಾ ಅಲಿಯಶಾಸ್ ಯಶಾಸಸ್ಮಿನ್ ಆಕಕೆ ಯ ಮನಕೆ ಯಲಿಲ್ಲಿ ನಶಾನದು ಇದಶಾದ್ದಾಗ ಬಕೆಬೇ ರಕೆ ವವ್ಯಕಕ್ತಿಗಳಿಗಕೆ ಪಬೇನ್ ಮಶಾಡಿ ಅಲಿಲ್ಲಿಗಕೆ ಕರಕೆ ಸ ಕಕೆಕರಂಡರದು ಎರಂದರಕೆ ಸರಿಯಲಲ್ಲಿ . ಬರಂದ ವವ್ಯಕಕ್ತಿಗಳದು ನನನ್ನ ಮತದುಕ್ತಿ ನಿಶಶಾ ಈಕಕೆ ಯ ವಿಡಿಯಬೇ ಮಶಾಡಿಕಕೆಕರಂಡದು ರಕ 2 ಲಕ್ಷ ಹಣ ಕಕೆಕ ಡದದದ್ದಾ ರಕೆ ವಿಡಿಯಬೇವನದುನ್ನ ಪಪ್ರಸಶಾರ ಮಶಾಡದುವವುದಶಾಗಿ ಬಕೆ ದರಿಕಕೆ ಹಶಾಕದರದು ಎರಂದರಕೆ ಸರಿಯಲಲ್ಲಿ . ಕಶಾರಣ ನಶಾನದು ರಕ .25,000/- ಹಣವನದುನ್ನ ನಿಬೇಡಿರದುತಕೆಕ್ತಿಬೇ ನಕೆರಂ ದರಕೆ ಸರಿಯಲಲ್ಲಿ . ಸದರಿ ವವ್ಯಕಕ್ತಿಗಳದು ನನಗಕೆ ಪಶಾಪ್ರಣ ಭಯ ಸಹ ಹಶಾಕದರದು ಎರಂದರಕೆ ಸರಿಯಲಲ್ಲಿ . ದ .17.04.2016 ರರಂದದು ಸಹಕಶಾರ ನಗರದಲಿಲ್ಲಿರದುವ ಒರಂದದು ಅಪಶಾರರ್ಟ್ ಮರಂರ ಗಕೆ 2 ನಕೆಬೇ ಆರಕೆಕಬೇಪ 9 C.C.No.33257/2018 ನನನ್ನನದುನ್ನ ಕರಕೆ ಸ ಕಕೆಕರಂಡಿದದ್ದಾ ರದು ಎರಂದರಕೆ ಸರಿಯಲಲ್ಲಿ . ಅಲಿಲ್ಲಿ ಲಕೆಲರಂಗಿಕ ಕಪ್ರಬೇ ಯೆಗಕೆ ಉತಕೆಕ್ತಿಬೇ ಜನ ನಿಬೇಡಿ ನನನ್ನ ಶರರ್ಟ್ ನದುನ್ನ ತಕೆ ಗಕೆ ಸ ಮರಂಚದ ಮಬೇಲಕೆ ಕದುಳಿಳ್ಳಿರಿಸ ಉಳಿದ ಆರಕೆಕಬೇಪಗಳದು ನನನ್ನ ಪಬೇಟಕೆಕಬೇ ತಕೆ ಗಕೆ ದರದು ಎರಂದರಕೆ ಸರಿಯಲಲ್ಲಿ . ಅದಕೆಬೇ ರಿಬೇತಿ ನನಿನ್ನರಂ ದ ಪಬೇಟಕೆಕಬೇ ಪಪ್ರಸಶಾರ ಮಶಾಡದುತಕೆಕ್ತಿಬೇ ನಕೆರಂ ದದು ಹಕೆ ದರಿಸ ರಕ .25,000/- ನಗದದು ಹಶಾಗಕ ರಕ .1,75,000/- ಚಕೆ ಕ್ ಪಡಕೆ ದ ರದುತಶಾಕ್ತಿರಕೆರಂ ದರಕೆ ಸರಿಯಲಲ್ಲಿ . ನಶಾವ್ಯಯಶಾಲಯದ ಮದುರಂದರದುವ ಆರಕೆಕಬೇಪಗಳಕೆ ನನಗಕೆ ಹಕೆ ದರಿಸ ಹಣ ಪಡಕೆ ದ ವವ್ಯಕಕ್ತಿಗಳದು ಎರಂದರಕೆ ಸರಿಯಲಲ್ಲಿ . ನಶಾವ್ಯಯಶಾಲಯದ ಮದುರಂದರದುವ 2 ನಕೆಬೇ ಆರಕೆಕಬೇಪ ನಶಾನದು ಹಕೆಬೇ ಳದುವ ನಿಶಶಾ ಅಲಿಯಶಾಸ್ ಯಶಾಸಸ್ಮೀನ್ ಎರಂದರಕೆ ಸರಿಯಲಲ್ಲಿ . ಈಗ ಆರಕೆಕಬೇಪಗಳಿಗಕೆ ಸಹಶಾಯ ಮಶಾಡಲದು ಸದುಳದುಳ್ಳಿ ಸಶಾಕ್ಷವ್ಯ ವನದುನ್ನ ಹಕೆಬೇ ಳದುತಿಕ್ತಿದಕೆದ್ದಾಬೇ ನಕೆರಂ ದರಕೆ ಸರಿಯಲಲ್ಲಿ . Further during cross examination of PW-3 by the advocate for accused No.2 & 4, PW-3 deposed that;
"ನಿಪ -2 ನದುನ್ನ ಪಬೇಲಿಸರಕೆಬೇ ಬರಕೆ ದದುಕಕೆಕರಂಡಿರದುತಶಾಕ್ತಿರಕೆ . ನಿಪ .2 ರಲಿಲ್ಲಿ ಏನದು ಬರಕೆ ದ ದಕೆ ಮತದುಕ್ತಿ ಎಷದುಷ್ಟು ಪವುಟಗಳದು ಇವಕೆ ಎರಂದದು ನಿಖರವಶಾಗಿ ಹಕೆಬೇ ಳಲದು ಬರದುವವುದಲಲ್ಲಿ ಎರಂದರಕೆ ಮರಕೆ ತಿ ದಕೆದ್ದಾಬೇ ನಕೆ . ನಿಪ .3 ಪರಂಚನಶಾಮಗಕೆ ಠಶಾಣಕೆ ಯಲಿಲ್ಲಿ ಸಹಿ ಮಶಾಡಿರದುತಕೆಕ್ತಿಬೇ ನಕೆ ".
10. Further prosecution examined CW-14 as PW4. He being one of the victim deposed that he know accused 10 C.C.No.33257/2018 No.2 and one Suresh and Munegowda asked him to sell his land but he refused the same. Accused No.2 initially called more than 50 times by using wrong name as Ravi. Later she requested CW-14 to get ration card. Accordingly, he met her in a hotel then she called to her house and demanded Rs.15,000/-. Initially he paid Rs.10,000/-. Later he paid Rs.15,000/-. Further he deposed that, he identified the accused No.2, when she brought in a police jeep. He being one of the victim not specifically made allegation about the honey trap.
11. Further prosecution examined CW-19 as PW5. He being one of the victim deposed that in the year 2016, he was intending to hire domestic servant. Accordingly one Shilpa gave information of a lady. Therefore in order to verify her whereabouts he went to RT Nagar but Shilpa did not came to the said place and sent accused No.4 to the said place and accused No.4 introduced to him one girl as domestic servant. Later some people came and introduced him as they are the police and they snatched 11 C.C.No.33257/2018 his mobile phone and searched his body and they demanded amount. Accordingly, he paid Rs.4-5 thousand. After 10 months of this incident CCB called and inquired him. Accordingly, he has given statement. Further he deposed that he can identify Shilpa and Tina if they are shown to him. He being one of the victim also not made any allegations of the honey trap and also not made any allegation against the accused No.1 to 5.
12. Further prosecution examined CW-22 as PW-6. He being the Investigating Officer deposed that he registered FIR after receiving the complaint from CW-1. First Information Statement is marked as Ex.P.4 and FIR is marked as Ex.P.5.
13. Further prosecution examined CW-23 as PW-7. He being the Investigating Officer deposed that he has taken file from CW-6 for further investigation and he visited the spot and conducted mahazar in the presence of pancha witness and complainant. Later handed over the file to CW-24 for investigation.
12 C.C.No.33257/2018
14. Further prosecution examined CW-24 as PW-8. He being the IO deposed about the investigation made by him and also seizure of the properties. Further when the case is adjourned for cross examination in spite of sufficient process and steps he could not appeared before the court thereby rejecting the prayer of the learned Snr.APP this court dropped the said witness.
15. By relying on the above said oral and documentary evidence learned Snr.APP vehemently argued that though CW-1 not supported the case of the prosecution other witnesses have deposed about honey trap made by the accused thereby sought to convict the accused. On the contrary learned counsel for the accused argued that the accused have not committed any offence as alleged by the prosecution. Accused No.1, 3 & 5 are the police officials, out of the enmity among the colleagues they registered the false case against them. Further he argued that none of the witnesses deposed against the accused as alleged by the prosecution. In order to 13 C.C.No.33257/2018 substantiate the same learned counsel for the accused has relied upon the evidence of CW-1 who examined as PW-3 and in his chief examination he specifically deposed that he do not know about the accused No.2 and also he has not identified the accused who were present before the court on the date of his chief examination and also specifically deposed that the accused who were present before the court were not the persons who threatened and blackmailed him. Further on perusal of the evidence of PW-4 there is no any specific allegations of honey trap or blackmailing and on perusal of the evidence of PW-5 he has made allegation against one Shilpa and Tina but the said Shilpa is not the accused in this case and accused No.4 being Tina there is no any specific allegation against accused No.4 about the black mail and PW6 & 7 being police officials obviously supported the case of the prosecution and PW- 8 being the IO in spite of sufficient process he did not appear before the court. Thereby the evidence of IO was 14 C.C.No.33257/2018 discarded on 09.06.2023, like wise PW-1 also not tendered himself for cross examination thereby on 06.03.2023, the evidence of PW-1 was also discarded. Therefore on careful perusal of the oral and documentary evidence adduced by the prosecution not substantiate the allegation made by the prosecution as CW-1 being the victim and complainant completely turned hostile and not supported the case of the prosecution. PW-8 being the IO tendered himself for cross examination. Therefore only on the basis of oral evidence of remaining witnesses court cannot presume the guilt of the accused as it is settled law that the prosecution has to prove the guilt of the accused beyond all reasonable doubt. In the present case prosecution utterly failed to prove the guilt of the accused. Hence I answer this point in negative.
16. Point No.2: - For the reasons stated and findings given on point No.1, following is:
15 C.C.No.33257/2018
ORDER Acting under Section 248(1) of Cr.P.C. the accused No.1 to 5 are acquitted for the offences punishable under Section 355, 384, 389, 392, 419, 420, 120(B) r/w 34 of IPC.
The bail bond and surety bond executed by accused No.1 to 5 shall continue for a period of two months from the date of this order and thereafter same shall stand canceled automatically.
The M.O.1 to M.O.16 i.e., ID cards, mobile phones, bike key are return to the concerned on proper verification after expiry of appeal period.
(Dictated to the Stenographer, typed by her directly on computer, revised, corrected by me and then pronounced in open court on this the 17 th day of January, 2024).
(Anand S Kariyammanavar) 1 st Addl. CMM., Bengaluru.
ANNEXURE List of witnesses examined for prosecution :-
P.W.1, Manjunath
P.W.2, Shyam Sundar
P.W.3, Venkatappa
P.W.4, Nagarajappa
P.W.5, Maheshan
16 C.C.No.33257/2018
P.W.6, Lakshmaiah
P.W.7, K.G.Sathish
P.W.8, B.D.Shivaraju
List of exhibits marked for prosecution :-
Ex.P1, Mahazar
Ex.P1(a), Signature of PW-1,
Ex.P.2, Complaint
Ex.P.2(a) Signature of PW.3
Ex.P.3, Panchanama
Ex.P.3(a) Signature of PW-3
Ex.P.4, First Information
Ex.P.4(a), Signature of PW-6
Ex.P.5, FIR
Ex.P.5(a), Signature of PW-6
Ex.P.6, Voluntary statement of A1
Ex.P.6(a), Relevant paragraph of Voluntary
statement of A1
Ex.P.7, Voluntary statement of A2
Ex.P.7(a) Relevant paragraph of voluntary
statement of A2
Ex.P.8 to 10, Voluntary statements of A3 to 5 Ex.P.8(a) to 10(a), Relevant paragraphs of said voluntary statements Ex.P11, Seizure mahazar Ex.P.11(a), Signature of PW-8 Ex.P.12, PF Ex.P.12(a), Signature of PW-8 Ex.P.13, Cheque leaf bearing Number 560179 Ex.P.14, Mahazar Ex.P.14(a), Signature of PW-8 Ex.P.15, PF No.6/16 Ex.P.15(a), Signature of PW-8 Ex.P16, Further voluntary statement Ex.P16(a), Signature of PW-8 Ex.P.17, Voluntary Statement Ex.P.17(a), Signature of PW-8 17 C.C.No.33257/2018 Ex.P.18. Mahazar Ex.P.18(a), Signature of PW-8 Ex.P.19, PF No.7/16 Ex.P.19(a), Signature of PW-8 Ex.P20, Mahazar Ex.P.20(a), Signature of PW-8 Ex.P.21, Mahazar Ex.P.21(a), Signature of PW-8 Ex.P.22, Mahazar Ex.P.22(a), Signature of PW-8 Ex.P.23, Revenue documents Ex.P.24, Letter addressed to Corporation Bank Ex.P.24(a), Signature of PW-8 Ex.P25, Replay of corporation bank Ex.P.25(a), Signature of PW-8 Ex.P.26, B Extract Ex.P.26(a), Signature of PW-8 Ex.P.27, Photo of seized cash List of material object :
M.O.1 & 2, Two Police ID Card M.O.3 & 4, Two mobile phones M.O.5, Driving License of CW-1 M.O.6, APACHE Bike key M.O.7, Police ID card of A3 M.O.8, Samsung mobile phone M.O.9, Police ID card M.O.10, Black colored Noka mobile phone and sim card of tata docomo M.O.11, Adhar card of A2 M.O.12, Election ID of A2 M.O.13, White Samsung galaxy M.O.14, A White samsung galaxy A7 mobile phone M.O.15, Election ID of A4 M.O.16 Silver colour samsung mobile phone 18 C.C.No.33257/2018 List of Witnesses examined for defence:-
NIL List of documents marked for defence:-
NIL 1 st Addl. CMM., Bengaluru.19 C.C.No.33257/2018
(Judgment pronounced in Open Court vide separate judgment) ORDER Acting under Section 248(1) of Cr.P.C. the accused No.1 to 5 are acquitted for the offences punishable under Section 355, 384, 389, 392, 419, 420, 120(B) r/w 34 of IPC.
The bail bond and surety bond executed by accused No.1 to 5 shall continue for a period of two months from the date of this order and thereafter same shall stand canceled automatically.
The M.O.1 to M.O.16 i.e., ID cards, mobile phones, bike key are return to the concerned on proper verification after expiry of appeal period.
I ACMM, Bengaluru.
20 C.C.No.33257/2018M.O.1 & 2- Two Police ID cards, M.O.5-Driving license, M.O.7- Police ID card of A3, M.O.9-Police ID Card of A5, M.O.11-Adhar Card of A2, M.O.12-Election ID of A2, M.O.15-Election ID of A4 are returned to concerned on proper identification.
M.O.3 & 4 - Two mobile
phones,
M.O.6-Bike Key,
M.O.8- Silver coloured
samsung mobile phone, M.O.10-
Black colour NOKIA mobile phone
and SIM Card of TATA DOCOMO,
M.O.13-Black and white
samsung galaxy mobile phone,
M.O.14-White samsung galaxy,
M.O.16-Silver colour samsung
phone are confiscated to the state.