Bangalore District Court
State By Kamakshipalya P.S vs Kt Gurumurthy on 8 June, 2016
IN THE COURT OF THE V ADDL. C.M.M., BENGALURU CITY
Dated this the 8th day of June 2016.
Present:
Sri A. Somashekara, B.A.L., L.L.M.,
V Addl., C.M.M., Bengaluru City.
CC No.13578/2015
Complainant: State by Kamakshipalya P.S.,
(Rep., by Sr. APP, Bengaluru)
Vs.
Accused: 1.KT Gurumurthy
S/o Late P Thimmaiah, 40 Yrs.,
R/a No.738, VHBS Layout, Halage
Vaderahalli Vilage,
Rajarajeshwarinagar,
Bangalore-560 094.
And also at Bettegowdana Koppaly,
KIthoor Grama, Bettadapura Hobli,
Periyapatna Tq., Mysore Dist.,
2.Chandan S/o Nagaraju, 29 Yrs.,
R/a No.4/2, 10th Cross Road, F Street,
Magadi Main Road, Near
Seshadripuram College, Bangalore City.
3.Mohan Kumar H
S/o Hanumantharayappa, 25 Yrs.,
R/a No.1519, 3rd Cross Road, 5th Block,
KRS Gowda, HMT Layout,
Chokkasandra, Nagasandra Church,
T Dasarahalli, Bangalore City.
(Rep. by..................., Adv.,)
2
CC No.13578/2015
JUDGMENT AS PER SEC. 355 Cr.P.C.
1. Serial number of the case : CC No.13578/2015
2. Date of the commission of
the offence : 27.01.2013 to 18.01.2014
3. The name of the complainant : Smt. Shantha
4. Name of the accused persons
and their parentage and residence: As stated above.
5. The offence complained off
are proved : U/s.465 468 471 419 420 504
and 506 of IPC and Sec.3, 10
and 19 of Kar., Private Medical
Establishment Act 2007
6. The plea of the accused and :Pleaded not guilty and
their examination denied the incriminating
evidence.
7. The final order : Acquitted.
8. The date of such order : 08.06.2016
---
THE BRIEF REASONS FOR FINAL ORDER:
The prosecution's case in brief is that the accused No.1
without having any permit/license from the Health Department
illegally established Shrusti Global and Diagnostic Pvt., Ltd., at
No.41/2-1, I Cross Road, KHB Colony I Stage,
Judge Sign
3
CC No.13578/2015
Basaveshwaranagara, within the limits of Kamakshipalya P.S.,
Bangalore, on the pretext of solving 100% infertility through IVF
treatment to the women's. Further the accused No.1 with an
intention to cheat CW.1 Smt. Shantha and CW.2 Boregowda gave
false publication, without displaying the board showing the
expenditure to the said treatment, details of the Doctors, and the
facilities available in the said hospital. Further the accused No.1
without having any educational qualifications related to IVF,
created the false educational certificates, made believe that the
same are originals, even though he is not the Doctor,
impersonated as doctor, and made believe CWs.1 and 2 and
conducted different types of medical examinations, and received
Rs.21,000/- for examinations and medicines from the
complainant. Further, the accused No.1 falsely assured the
complainant and CW.2 that they will get child through IVF
treatment, and made believe them to deposit Rs.3,00,000/- for
the said IVF treatment, and on 21.04.2013 received Rs.2,50,000/-
and on 21.04.2013 received Rs.50,000/- from CWs.1 and 2 and
Judge Sign
4
CC No.13578/2015
issued a receipt for Rs.2,50,000/- as donation given to the Shrusti
Medicare and Research Foundation and issued a receipt for
Rs.50,000/- in the name of Base Fertility Center for IVF, misused
the amount of CWs.1 and 2, and cheated them without providing
IVF treatment, without solving the infertility to CW.1 and without
returning the amount to the complainant and CW.2. Further the
accused No.1 to 3 abused and put threat to the life of CWs.1 and
2, when they demanded to return the amount. Therefore, the
accused persons have committed an offences punishable U/s.465,
468, 471, 419, 420, 504 and 506 of IPC and Sec.3, 10 and 19 of
Kar., Private Medical Establishment Act 2007. Hence, the charge
sheet.
. 2.During crime stage the accused persons are enlarged on
regular bail. After submission of this charge sheet, this court has
taken cognizance of the aforesaid offences against the aforesaid
accused persons. Copies of the charge sheet have been furnished
to accused persons as per Sec. 207 of Cr.P.C., With no objection
from the Counsel for the accused persons, this Court framed
Judge Sign
5
CC No.13578/2015
charge for the aforesaid offence against them. The same read
over and explained to the accused person in the language known
to them. They pleaded not guilty. The prosecution has examined
the complainant, as PWs.1, and it has got marked two documents
as Ex.P-1 and P-2. Statement of the accused persons has been
dispensed since no incriminating evidence placed against them.
3.Heard the arguments of both sides, perused evidence
placed before the court.
4.The following points that would arises for my
determination:
1.Whether the prosecution proves beyond all-
reasonable doubt that the accused No.1 without
having any permit/license from the Health
Department illegally established Shrusti Global and
Diagnostic Pvt., Ltd., at No.41/2-1, I Cross Road,
KHB Colony I Stage, Basaveshwaranagara, within
the limits of Kamakshipalya P.S., Bangalore, on the
pretext of solving 100% infertility through IVF
treatment to the women's. Further the accused
No.1 with an intention to cheat CW.1 Smt. Shantha
and CW.2 Boregowda gave false publication,
Judge Sign
6
CC No.13578/2015
without displaying the board showing the
expenditure to the said treatment, details of the
Doctors, and the facilities available in the said
hospital. Further the accused No.1 without having
any educational qualifications related to IVF,
created the false educational certificates, made
believe that the same are originals, even though he
is not the Doctor, impersonated as doctor, and
made believe CWs.1 and 2 and conducted different
types of medical examinations, and received
Rs.21,000/- for examinations and medicines from
the complainant. Further, the accused No.1 falsely
assured the complainant and CW.2 that they will
get child through IVF treatment, and made believe
them to deposit Rs.3,00,000/- for the said IVF
treatment, and on 21.04.2013 received
Rs.2,50,000/- and on 21.04.2013 received
Rs.50,000/- from CWs.1 and 2 and issued a receipt
for Rs.2,50,000/- as donation given to the Shrusti
Medicare and Research Foundation and issued a
receipt for Rs.50,000/- in the name of Base Fertility
Center for IVF, misused the amount of CWs.1 and
2, and cheated them without providing IVF
Judge Sign
7
CC No.13578/2015
treatment, without solving the infertility to CW.1
and without returning the amount to the
complainant and CW.2. Further the accused No.1
to 3 abused and put threat to the life of CWs.1 and
2, when they demanded to return the amount and
thereby committed an offences punishable U/s.465
468 471 419 420 504 and 506 of IPC and Sec.3, 10
and 19 of Kar., Private Medical Establishment Act
2007 as alleged?
2.What order?
5.My findings on the above points are as under:
Point No.1 - in the negative
Point No.2 - As per final order
for the following:-
REASONS
6.POINT NO.1:-
This case has been registered in view of Ex.P1 complaint
that submitted to the then SHO of Kamakshipalya P.S., Bangalore
by the complainant-Smt. Kavitha BK C/o Manjunath BN, on
Judge Sign
8
CC No.13578/2015
15.10.2014 at about 15.30 Hours. Thereafter, the then SHO of
Kamakshipalya P.S., has got registered the case, submitted FIR to
the Court, visited the spot and conducted Ex.P2 spot mahazar on
17.10.2014 in the presence of the complainant and other two
panch witnesses in between 7.00 p.m. to 7.30 p.m. at Shrusti
Global and Diagnostic Pvt., Ltd., No.41/2-1, I Cross Road, KHB
Colony I Stage, Basaveshwaranagara, that lies within the limits of
Kamakshipalya P.S., Bangalore City. Thereafter, the I.O., has
recorded statements of witnesses, collected the documents, and
after completion of the investigation has submitted the charge
sheet against the accused person before this Court.
In this background, now let us examine whether the
prosecution is able to prove the following essential ingredients to
constitute the offence punishable U/s.420 of IPC.
Whoever cheats and thereby
dishonestly induces the person deceived
to deliver any property to any person, or
to make, alter or destroy the whole or
Judge Sign
9
CC No.13578/2015
any part of a valuable security or
anything which is signed or sealed, and
which is capable of being converted into
a valuable security.
7.In the complaint marked as per Ex.P-1, PW.1 has
specifically stated to the IO by reiterating almost all the facts as
averred in the Cl. No. 7 of Charge sheet and in para No.1 of this
judgment. Whereas, during the course of his oral evidence, PW.1
has not stated the evidence as stated in the complaint marked as
per Ex.P-1 or in Cl. No. 7 of charge sheet or in para No.1 of this
judgment. PW.1 has stated that she knows the accused persons,
about three years back, she took treatment for infertility in the
diagnostic center of accused, and she has not been cheated from
the diagnostic center of accused persons, and because of angry
with the accused persons, she lodged complaint against the
accused persons. She has further deposed before the Court that
she did not know the contents of the documents marked at Ex.P-
Judge Sign
10
CC No.13578/2015
1 and P-2 and now she compromised the case with the accused.
PW-1 has further deposed that she did not know that for when,
where and for what reason she put her signature on the
documents that are marked as Ex.P-1 and P-2. The evidence of
PW.1 is not in accordance with Ex.P-1 Complaint and Ex.P-2
Mahazar.
8.PW.1 is treated as hostile witness at the request of the
prosecution. She was subjected to cross examination on behalf of
case of the prosecution. But nothing is elicited in support of the
case of the prosecution in the evidence of PW.1 that recorded
during the course of her cross-examination. Further PW.1 has
admitted in her cross-examination that she had received the
amount through DD from the accused in two installments, which
she paid to the accused, and now she is not interested to
prosecute the case against the accused, as she had compromised
the matter with the accused. The said evidence of PW.1 did not
disclose that the accused persons have committed the offences as
alleged against them. Since the complainant/victim turned as
Judge Sign
11
CC No.13578/2015
hostile, other witnesses have been discharged, since no purpose
would be survived if they were examined in view of the judgment
of Hon'ble Apex Court that reported in 1996(3) Crime 85.
Further, in this case the prosecution has failed to establish the
essential ingredients to constitute the offences as alleged against
the accused persons. Therefore, I am of opinion that the
prosecution has miserably failed to prove its case as alleged
against the accused persons beyond all reasonable doubt. The
accused persons are entitled for acquittal. Accordingly, I answer
Point No.1 in the Negative.
9.Point No.2:- In view of the aforesaid discussion, this
court proceed to pass the following:-
ORDER
By acting U/s 248(1) Cr.P.C. the aforesaid accused No.1 to 3 are hereby acquitted of the offences punishable U/s.465, 468, 471, 419, 420, 504 and 506 of IPC and Sec.3, 10 and 19 of Kar., Private Medical Establishment Act 2007.
Judge Sign 12 CC No.13578/2015 They shall be set at liberty forthwith if they are not required to other cases. However, their bail and surety bonds are hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., (Dictated to the Stenographer through computer, printout taken by him is verified, after corrections made by me and then pronounced by me in the Open Court on this the 8th day of June 2016).
(A. Somashekara) V Addl.C.M.M., B'luru.
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION PW.1 : Smt. Shantha
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P. 1 : Complaint dtd., 15.10.2014 Ex.P. 2 : Mahazar dtd., 17.10.2014.
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE: NIL.
4. LIST OF THE MATERIAL OBJECTS MARKED FOR THE PROSECUTION: NIL.
(A. Somashekara) V Addl. C.M.M., B'luru.
Judge Sign 13 CC No.13578/2015 08.06.2016 State by Sr. APP Case called. A1 to A3 Pt., /Abt., A1 to A3 on bail Judgement pronounced in the open For Judgement. Court as under vide separate Judgement kept in the file.
By acting U/s 248(1) Cr.P.C. the aforesaid accused No.1 to 3 are hereby acquitted of the offences punishable U/s.465, 468, 471, 419, 420, 504 and 506 of IPC and Sec.3, 10 and 19 of Kar., Private Medical Establishment Act 2007.
They shall be set at liberty forthwith if they are not required to other cases. However, their bail and surety bonds are hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., (A. Somashekara) V Addl. C.M.M., B'luru.
Judge Sign 14 CC No.13578/2015 Judge Sign 15 CC No.13578/2015 Judge Sign