Bangalore District Court
Vijay Balaraj C vs Saladi Naga Venkata Vaibhava on 1 August, 2025
KABC030172162018
IN THE COURT OF VII ADDL.CHIEF JUDICIAL
MAGISTRATE, BENGALURU.
Dated this the 1st day of August, 2025
Present : Sri. Puttaraju, B.A.LLB.,
VII Addl. C.J.M., Bengaluru.
JUDGMENT U/s 355 OF Cr.P.C.
C.C. No.6287/2018
Complainant : State by : Vidyaranyapura Police
Station.
(By Sr.Asst.Public Prosecutor)
V/s
Accused Saladi Naga Venkata Vaibhava,
Nos. S/o Janardhana Rao,
Aged about 23 years,
R/at: No.39/1/19,
Palakollu Village and Mandalam,
West Godavari District,
Andhra Pradesh State.
Date of occurrence of offence 04.12.2016
Date of report of offence 05.12.2016
Name of the Complainant Vijay Balraj C
2 C.C.6287/2018
Date of Commencement of 08.12.2023
recording Evidence
Date of Closing of Evidence 08.07.2025
Offences complained of U/s 420, 511 of I.P.C and
section 117 of Karnataka
Education Act.
Opinion of the Judge Accused has not been found
guilty.
This chargesheet is submitted by the Police Sub
Inspector of Vidyaranyapura Police Station against the
accused for the offences punishable U/s 420, 511 of
I.P.C and section 117 of Karnataka Education Act.
2. The case of the prosecution is that, on
04.12.2017 at about 2.30 pm to 5.30 pm, in the exam
of CAT organized by the TATA Consultant Service
Company scheduled at E-Exam Lab, situated within
the jurisdiction of Vidyaranyapura Police Station, the
accused brought HTC Company mobile with sim
No.9912277489 and was taking photo of question
paper and sending the same to CAT 2016 Bulls Eye 01
whats app group created by his friend and cheated the
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said Company, thereby accused has committed the
offences punishable under sections 420, 511 of I.P.C
and section - 117 of Karnataka Education Act.
3. After appearance of the accused, necessary
documents as relied by the prosecution, are furnished
to the accused as provided under section 207 of
Cr.P.C. Charge has been framed and same is read over
and explained to the accused. The accused pleaded not
guilty and claims to be tried. Therefore, the case was
posted for prosecution evidence.
4. In order to prove the guilt of the accused
during the course of trial, prosecution has examined 2
witnesses as P.Ws.1 and 2 and got marked Exs.P1 to
P4. So far as other charge sheet witnesses are
concerned, their presence is not secured in spite of
sufficient time. Therefore, they are dropped.
5. After completion of prosecution evidence, the
statement of the accused was recorded under section
4 C.C.6287/2018
313 of Cr.P.C. The accused has not adduced any
defense evidence on his behalf. Therefore, there is no
defense evidence on behalf of the accused.
6. Heard the arguments of learned Senior A.P.P.
and counsel appearing for accused. The points that
would arise for my consideration are as under:
1. Whether the prosecution proves
beyond all reasonable doubt that, the
accused has committed the offences
punishable u/s 420, 511 of I.P.C and
section - 117 of Karnataka Education
Act. ?
2. What order ?
7. My answer to the above points are as under:
Point No.1: In the Negative.
Point No.2: As per final order, for the following:
REASONS
8. Point No.1:- The contention of the prosecution
is that the accused while writing the CAT exam has
5 C.C.6287/2018
sent question paper's photo to whats app group
created by his friend to get answer to the questions
and cheated the company which organized the said
exam thereby the accused has committed offences
aforesaid.
9. In order to prove the guilt of the accused, CW.6
PSI examined as PW.1, in his evidence, though he
deposed about registration of case by receiving the
Ex.P.1 complaint from CW.1 and conducted spot
mahazar Ex.P.2 in the presence of witnesses, he did
not turn up for cross examination despite taken
coercive steps and hence PW.1 was dropped.
10. PW.2 is the IO, in his evidence, he has stated
that he received case file from CW.6 for further
investigation and after verification of case file found
prima-facie case as alleged offence committed by
accused and hence submitted charge sheet. In the
cross examination, he denied the suggestions that
6 C.C.6287/2018
submitted false charge sheet against accused though
accused has not committed alleged offence.
11. In order to bring home the guilt of accused for
the offence alleged, the prosecution has to establish
that the accused with an intention to cheat TATA
Consultant Service Company, has taken photos of
question paper and sent to whats app group created by
his friend to get the answers to the question. In the
light of above, upon careful perusal of evidence of
record, despite issued warrants and proclamation to
CW.1 to 6, they did not turn up to adduce evidence
and hence they have been dropped. So, except the
evidence of police official, nothing is on record to prove
the guilt of accused, in the absence of evidence of
material witnesses, the evidence given by police
officials is of no use.
12. Therefore, in view of the above discussions and
reasoning, the considered opinion of the court is that
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the prosecution has failed to prove the guilt of the
accused beyond all reasonable doubt for the offences
alleged against accused. Accordingly, I answer point
No.1 in the negative.
13. Point No.2:- In view of my answer on the point
No.1, I proceed to pass the following
ORDER
Acting under section 248(1) of Cr.P.C the accused is acquitted of the offences punishable U/s 420, 511 of I.P.C and Section-117 of Karnataka Education Act.
The bail bond and surety bond of accused stands cancelled after six months from today.
The property seized in
PF.No.110/2016 dated
04.12.2016 i.e., at Item No.1 to 3
is ordered to be return to the 8 C.C.6287/2018 concerned on proper identification.
The property seized in
PF.No.110/2016 dated
04.12.2016 i.e., at Item No.4 HTC Mobile Phone is ordered to be confiscated to the State, after the appeal period is over.
(Dictated to the Stenographer, transcript computerized by her, revised, corrected and then pronounced by me in the open Court on this 1 st day of August, 2025) ( PUTTARAJU ) VII Addl. C.J.M., Bengaluru.
ANNEXURES List of witnesses examined on behalf of prosecution :
PW.1 Bhyrappa PW.2 Puneeth
List of documents marked on behalf of prosecution :
Ex.P.1 Complaint
Ex.P.2 Seizure mahazar
9 C.C.6287/2018
Ex.P.3 FIR
Ex.P.4 Spot mahazar
List of witnesses examined for the Accused Nil.
List of documents exhibited for the Accused Nil.
List of Material Object marked for prosecution Nil.
VII Addl. C.J.M., Bengaluru.
10 C.C.6287/2018Judgment pronounced in the open court.
(vide separate order):
ORDER Acting under section 248(1) of Cr.P.C the accused is acquitted of the offences punishable U/s 420, 511 of I.P.C and Section-117 of Karnataka Education Act.
The bail bond and surety bond of accused stands cancelled after six months from today.
The property seized in PF.No.110/2016 dated 04.12.2016 i.e., at Item No.1 to 3 is ordered to be return to the concerned on proper identification.
The property seized in PF.No.110/2016 dated 04.12.2016 i.e., at Item No.4 HTC Mobile Phone is ordered to be confiscated to the State, after the appeal period is over.
7th ACJM, Bengaluru.