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.8473/2015
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.,)
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CC No.8473/2015
JUDGMENT AS PER SEC. 355 Cr.P.C.
1. Serial number of the case : CC No.8473/2015
2. Date of the commission of
the offence : 2.2.2013 to 18.01.2014
3. The name of the complainant : Smt. Asha
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
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THE BRIEF REASONS FOR FINAL ORDER:
The prosecution's case in brief is that the accused No.1
without having any permission/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,
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CC No.8473/2015
Basaveshwaranagara, within the limits of Kamakshipalya P.S.,
Bangalore, on the pretext of solving 100% infertility through IVF
treatment to the women's, who are aged above 40 Yrs., Further
the accused No.1 with an intention to cheat CW.1 Smt. Asha and
CW.2 Ramesh 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 CW.1 that she
will get child 100% through IVF treatment and conducted
different types of medical examinations, and received
Rs.1,50,000/- for examinations and medicines from the
complainant. Further, the accused No.1 falsely assured provoked
the complainant that she will get child through IVF treatment, and
made believe her to deposit Rs.3,50,000/- for the said treatment,
and on 29.07.2013 received Rs.1,00,000/- from CW.1 and issued
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CC No.8473/2015
a receipt as donation given to the Shrusti Medicare and Research
Foundation, misused the amount of CW.1, and cheated the
complainant without providing IVF treatment, without solving the
infertility and without returning the amount to the complainant.
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
charge for the aforesaid offence against them. The same read
over and explained to the accused person in the language known
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CC No.8473/2015
to them. They pleaded not guilty. The prosecution has examined
the complainant and CW.2, as PWs.1 and 2, and it has got
marked three documents as Ex.P-1 to P-3. 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 permission/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, who are aged above 40
Yrs., Further the accused No.1 with an intention to
cheat CW.1 Smt. Asha and CW.2 Ramesh gave false
publication, without displaying the board showing
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CC No.8473/2015
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 CW.1 that she will get child 100%
through IVF treatment and conducted different
types of medical examinations, and received
Rs.1,50,000/- for examinations and medicines from
the complainant. Further, the accused No.1 falsely
assured provoked the complainant that she will get
child through IVF treatment, and made believe her
to deposit Rs.3,50,000/- for the said treatment, and
on 29,07.2013 received Rs.1,00,000/- from CW.1
and issued a receipt as donation given to the
Shrusti Medicare and Research Foundation, misused
the amount of CW.1, and cheated the complainant
without providing IVF treatment, without solving
the infertility and without returning the amount to
the complainant. Further the accused No.1 to 3
abused and put threat to the life of CWs.1 and 2,
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CC No.8473/2015
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 Police Inspector of Kamakshipalya P.S.,
Bangalore by the complainant-Smt. Asha C/o Ramesh, 24 Yrs., on
14.10.2014 at about 22.30 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
16.10.2014 in the presence of the complainant and other two
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CC No.8473/2015
panch witnesses in between 4.00 p.m. to 4.30 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
any part of a valuable security or
anything which is signed or sealed, and
which is capable of being converted into
a valuable security.
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CC No.8473/2015
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 institution 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-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.
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CC No.8473/2015
8.PW.2 is the husband of PW.1 he has also deposed that he
knows the accused persons, three years back his wife took
treatment for infertility in the diagnostic center of the accused,
the accused persons have not cheated them, he didn't know filing
of the complaint by his wife, because of angry with the accused
persons, and he didn't made any statement to the police. PWs.1
and 2 are treated as hostile witnesses at the request of the
prosecution. They were 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 PWs.1 and 2 that
recorded during the course of their respective cross-examination.
Further PWs.1 and 2 have admitted in their respective cross-
examinations that they have received the amount through DD
from the accused in two installments, which they have paid to the
accused, and now they are not interested to prosecute the case
against the accused, as they have compromised the matter with
the accused. The said evidence of PWs.1 and 2 did not disclose
that the accused persons have committed the offences as alleged
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CC No.8473/2015
against them. Since the complainant/victim turned as 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.8473/2015 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. Asha PW.2 : Ramesh
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P. 1 : Complaint dtd., 14.10.2014 Ex.P. 2 : Mahazar dtd., 16.10.2014 Ex.P. 3 : Statement of PW.2.
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.8473/2015 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.
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