Bangalore District Court
State By Ccb(Se) vs No.1 To 4 Before Cubbon Park Police And on 7 July, 2022
IN THE COURT OF THE I ADDL.CMM: BENGALURU
Dated this the 7th day of July 2022.
Present: Shri Anand T Chavan, B.Com., LL.B(Spl.).
I Addl. C.M.M BENGALURU.
JUDGMENT U/s. 355 Cr.P.C.,
Case No. : C.C.No.16635/2020
Date of Offence : 29-04-2018
Name of complainant : State by CCB(SE)
(Cubbon Police Station),
Bengaluru.
(By Learned Sr. APP)
Name of accused : 1. Shivakumar @ Shivu
S/o late Rangappa
aged 35 years, R/o Ward No.1,
Hosaningapura, Koppala
taluk and district.
2. Shranappa S/o late Shivappa
aged 37 years,
R/o No.Hosahalli village,
Koppala taluk and district.
3. Jafar S/o Shahabuddin
aged 36 years, R/o Ward No.1,
Hosaningapura village,
Koppala taluk and
district.
2 C.C.No.16635/2020
4. Chandrashekar S/o Lakkappa
aged 36 years,
R/o Hosahalli village,
Koppala taluk and
district.
(By LEX, Advocates & Solicitors).
Offence complained off: U/s. 420 R/w Sec.34 of
IPC.
Plea of accused : Pleaded not guilty
Final Order : Accused are acquitted
Date of Order : 07-07-2022.
JUDGMENT
Assistant Commissioner of Police, CCB(SEW), Bengaluru has filed charge sheet against accused above named for offence punishable under section 420 R/w Sec.34 of IPC.
2. Brief facts of prosecution case are that :-
That on 29-4-2018 during cricket match of Royal Challengers Bengaluru Vs. Kolkata Knight Riders in IPL T20 tournament held at Chinnaswamy cricket stadium, Bengaluru, accused No.5 above named 3 C.C.No.16635/2020 fraudulently booked 20-25 tickets of said cricket match online with an intention to have unlawful gain by selling it in black market on higher price. Thereafter, accused No.1 to 4 engaged in sale of such tickets of Rs.1,750/- at higher price of Rs.3,000/- per ticket to general public for unlawful gain. Thereby accused persons cheated concerned cricket association, Government and innocent public. On credible information on 29-4-2018 at 5.15 p.m, C.W.1 the then PI of CCB(SE) apprehended accused No.1 to 4 near Anil Kumble circle with the aid of C.Ws.4 to 8 and recovered aforesaid 11 tickets and cash of Rs.8,300/- from their custody. Thereafter, C.W.1 handed over accused No.1 to 4 before Cubbon Park police and lodged first information. Said police registered the case in their PS Cr.No.94/2018 and issued FIR.
Thereafter, concerned I.O. conducted spot mahazar and seized aforesaid incriminating tickets and cash. 4 C.C.No.16635/2020 Subsequently investigation is transferred to CCB(SEW), Bengaluru. After recording statements of material witnesses, after obtaining necessary evidence and after completion of investigation, I.O. filed charge sheet against accused persons for above offence.
3. Accused No.1 to 4 were arrested during crime stage and they are enlarged on bail. Further though it is prayed in charge sheet to issue NBW against accused No.5, only four accused are mentioned in column No.12 and name of accused No.5 does not exists. Hence said request of I.O. to issue NBW is rejected as infructous. After filing of charge sheet, cognizance of alleged offences is taken and case is registered against accused No.1 to 4, said accused have appeared before court and charge sheet copies are furnished to their counsel u/s 207 of Cr.P.C. Charge is framed. Accused have not 5 C.C.No.16635/2020 pleaded guilt of alleged offences and they have claimed to be tried.
4. In order to prove the guilt of the accused, prosecution has got examined 3 witnesses as P.Ws.1 to 3 and got marked 5 documents as per Exs.P1 to P5. Further M.Os.1 to 3 are identified. After completion of prosecution evidence, statement of accused as required under Section 313 of Cr.P.C. has been recorded. The accused have denied the 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 reasonable doubts that accused No.1 to 4 have committed offence punishable under section 420 R/w Sec.34 of IPC?
2. What order ?6 C.C.No.16635/2020
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: K.G.Satish S/o late H.Govindappa has testified in his evidence that from February 2017 to December 2018 he has served as PI in CCB (SEW), Bengaluru. On 29.04.2018 when he was in his office at 5.15 PM, he received credible information that when IPL Cricket match was in progress in Chinnaswamy Stadium between RCB and Kolkota Knight Riders Team, some persons were selling tickets of said match in black around said stadium, immediately he went to said spot along 7 C.C.No.16635/2020 with C.Ws.4 to 8. When they came near Anil Kumble Circle, they found that accused No.1 to 4 were selling tickets of said match in black in said place. P.W.1 has further testified that thereafter they apprehended accused and they revealed their name as Shiva Kumar and they seized three tickets of Rs.1,750/- and amount of Rs.2,200/- from his possession. Further from possession of accused No.2 they seized three tickets Rs.1,750/- and amount of Rs.2,100/-, from accused No.3 they seized 3 tickets of Rs.1,800/- and from possession of accused No.4 they seized two tickets of Rs.1750/- and amount of Rs.2,100/-. P.W.1 has further testified that from possession of accused No.1 they seized an envelop. Thereafter they went to Cubbon Park police station along with written complaint, accused persons and property and lodged First Information as per Ex.P1 and conducted mahazar as per Ex.P2. He identified his signatures on said documents as per Ex.P1(a) and 8 C.C.No.16635/2020 Ex.P2(a). P.W.1 has further testified that he showed the place in which accused were apprehended and mahazar was conducted in his presence. He has further specifically stated that accused persons were selling tickets of Rs.800/- for Rs.2,000/- and selling tickets of Rs.1,750/- for Rs.3,000/-. Further he has identified seized 11 tickets as per M.O-1, seized cash of Rs.8,300/- as per M.O-2 and empty envelop cover seized from accused No.1 as per M.O-3. In cross-examination by defence side it is suggested to him that though accused had come to watch said cricket match, they are falsely implicated in the case. Further P.W.1 has admitted that he cannot identify each accused by their name due to lapse of time. It is suggested to him that though accused were never engaged in aforesaid act, false case has been filed against them.
8. P.W.2 Amaresh S/o Thayappa has testified in his evidence that from 29.08.2017 to 28.08.2019 he 9 C.C.No.16635/2020 has served as PSI in Cubbon Park PS. On 29.04.2018 at 6.30 PM while he was SHO of said PS, C.W.1 came to PS with first information, accused persons and properties of this case. He further testified that he received the same registered the case in their PS Crime No. 94/2018 and issued FIR as per Ex.P3. He has identified his signatures on Exs.P1 and P3 as per Ex.P1(b) and Ex.P3(a). He has further stated that on same day he has recorded voluntarily statements of accused No.1 to 4, seized 3 tickets worth Rs.1,750/- and cash of Rs.2,200/- from accused No.1, 3 tickets worth Rs.1,750/- and cash of Rs.2,100/- from accused No.2, 3 tickets worth Rs.1,750/- and cash of Rs.1,800/- from accused No.3 and 2 tickets worth Rs.1,750/- and cash of Rs.2,200/- from accused No.4 along with envelop bearing address of Ticket Gennie Solutions Private Ltd. Thereafter, he has conducted seizure mahazar as per Ex.P4. He identified his signature on it as per Ex.P4(a). P.W.2 10 C.C.No.16635/2020 has further testified that on 30.04.2018 he visited the spot and conducted spot mahazar. He identified his signature on Ex.P2 as per Ex.P2(b). Thereafter, he handed over further investigation of the case to CCB as per direction of his superiors. He has identified seized 11 tickets, cash of Rs.8,300/- and an envelope as per M.Os.1 to 3. In cross-examination P.W.2 admits that he cannot identify each accused by their name and he does not remember other similar cases registered in their PS. The entire evidence of this witness is denied by defence side in toto and it is suggested to him that he has created aforesaid statements and mahazars at police station itself.
9. P.W.3 Govindaraju S/o Venkatesh has identified his signatures on Ex.P2 mahazar and Ex.P4 seizure mahazar as per Ex.P2(c) and P4(b). However, he has turned hostile by testifying that he signed it about four years back and he does not 11 C.C.No.16635/2020 know its contents. He has specifically stated that police have not seized any articles in his presence. Though this witness is treated as hostile and cross- examined at length by learned Sr.APP, nothing worth while is elicited from his mouth in order to prove seizure of aforesaid incriminating M.Os.1 to 3 tickets and cash from the possession of accused. He has denied entire prosecution case and he has also denied to have given statement before I.O. as per Ex.P5. C.Ws.4 to 8 are given up by learned Sr.APP., and despite coercive steps, C.Ws.2 and 10 are not secured. Hence C.W.2, who is other pancha and C.W.10, who is I.O. of this case are dropped as not secured.
10. Thus on perusal of entire evidence on record it shows that except evidence of P.W.1-informant and P.W.2-I.O. absolutely there is nothing on record to prove that accused were engaged in sale of aforesaid 12 C.C.No.16635/2020 tickets of IPL match in black market on higher price and they were caught red-handed with aforesaid incriminating articles. The sole mahazar witness i.e., P.W.3 has turned hostile and the other mahazar witness i.e., C.W.2 is not secured. Further absolutely no independent witnesses are cited as witnesses and except C.Ws.2 and 3 other witnesses are official witnesses. Hence on the basis of evidence of aforesaid witnesses it is difficult to believe that the accused have committed offence of cheating by illegal sale of IPL tickets at higher price for their personal gain and thereby they have committed above offence. Hence it is incumbent upon this court to hold that prosecution has failed to prove beyond reasonable doubts that accused No.1 to 4 have committed offence publishable under Sec.420 R/w Sec.34 of IPC. Hence point No.1 is answered in the Negative.
11. Point No.2: - For the reasons stated and findings given on point No.1, following is: 13 C.C.No.16635/2020
ORDER Acting under Section 248(1) of Cr.P.C. the accused No.1 to 4 are acquitted for the offences punishable under Sections 420 R/w Sec.34 of IPC.
The bail bond and surety bond executed by accused No.1 to 4 to shall continue for a period of two months from the date of this order and thereafter same shall stand canceled automatically.
M.O.1 tickets and M.O.3 envelope being worthless shall be destroyed after appeal period.
Further M.O.2 seized cash of Rs.8,300/- shall be confiscated to the State 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 7th day of July 2022).
(Anand T Chavan) st 1 Addl. CMM., Bengaluru.
ANNEXURE List of witnesses examined for prosecution :-
P.W.1, K.G.Satish,
P.W.2, Amaresh,
14 C.C.No.16635/2020
P.W.3, Govindaraju;
List of exhibits marked for prosecution :-
Ex.P1, First information, Ex.P1(a), Signature of P.W.1, Ex.P1(b), Signature of P.W.2, Ex.P2, Mahazar, Ex.P2(a), Signature of P.W.1, Ex.P2(b), Signature of P.W.2, Ex.P2(c), Signature of P.W.3, Ex.P3, First information report, Ex.P3(a), Signature of P.W.2, Ex.P4, Mahazar, Ex.P4(a), Signature of P.W.2, Ex.P4(b), Signature of P.W.3, Ex.P5, Statement of P.W.3; List of material object : M.O.1, 11 tickets, M.O.2, Cash of Rs.8,300/- M.O.3, Empty envelop;
List of Witnesses examined for defence:- NIL List of documents marked for defence:- NIL 1 st Addl. CMM., Bengaluru 15 C.C.No.16635/2020 Judgment pronounced in Open Court (vide separate judgment) ORDER Acting under Section 248(1) of Cr.P.C. the accused No.1 to 4 are acquitted for the offences punishable under Sections 420 R/w Sec.34 of IPC.
The bail bond and surety bond executed by accused No.1 to 4 to shall continue for a period of two months from the date of this order and thereafter same shall stand canceled automatically.
M.O.1 tickets and M.O.3 envelope being worthless shall be destroyed after appeal period.
Further M.O.2 seized cash of Rs.8,300/- shall be confiscated to the State after expiry of appeal period.
16 C.C.No.16635/20201st ACMM, Bengaluru.