Bangalore District Court
Ramachandra Swamy vs Chandramouleshwara Shivacharya ... on 7 May, 2026
1 CC.No.1873/2020
IN THE COURT OF V ADDITIONAL CHIEF JUDICIAL
MAGISTRATE AT: BANGALORE
PRESENT: SRI. VIJAYKUMAR.S. JATLA B.Sc. LL.B.,
V ACJM BENGALURU
DATED THIS THE 07th DAY OF MAY-2026
CC.No.1873/2020
Complainant : State by PSI of Police, Upparapete
Station, Bangalore.
(By Asst. Public Prosecutor)
-Vs-
Accused : 1. Sri. Sha.Bra.
Chandramouleshwara
Shivacharya Mahaswamy
Aged about 44 years,
Mathadipatigalu,
Sri Ramalingareddy Matha,
Haranahalli,
Shivamogga District.
2. Sri. H.R. Vishwanath
S/o Patel Rudregowda,
Aged about 65 years,
R/at No.92/10,
12th C Main Road,
6th Block, Rajajinagar,
Bengaluru.
(By Sri. NTR., Advocate)
1. Date of offences 02.12.1998 to 07.06.2018
2. Arrest of the Accused Accused No.1 and 2 are on bail
3. Name of the Sri. Ramachandra Swamy
complainant
2 CC.No.1873/2020
4. Date of closing of 30.04.2026
evidence
5. offencess complained U/sec.416, 417, 418, 449, 420,
of 465, 466, 468, 471, 120(b) R/W
Sec.34 of IPC
6. Opinion of the Judge Accused persons found not guilty
7. Complainant by The Learned Sr.APP.,
8. Accused defence by By Sri. NTR., Advocate
JUDGMENT
This is a case arising out of the charge sheet filed by the PI of Upparapete Police Station against the Accused No.1 and 2 for the offences punishable U/sec.416, 417, 418, 449, 420, 465, 466, 468, 471, 120(b) R/W Sec.34 of IPC.
2. The brief facts of the prosecution case is as under
follows: The case of the prosecution is that the Accused No.1 and 2 have conspired and created false documents with the intention of fraudulently acquiring the property located at No.13/2, Survey No.18, Gandhinagar 6 th Cross, Bangalore, within the limits of Upparpete Police Station, Bangalore, belonging to Sri Ramalingeshwara Math, Haranahalli, Shivamogga District, and the Accused No.1 was the Mathadhipati of Ramalingamatha, Sha.Bra. Chandramouleshwara Shivacharya Swamigalu created 3 CC.No.1873/2020 documents stating that he is the Late Sha.Bra. Chandramouleshwara Shivacharya Swamigalu and based on the signature of the original trustee in the G.P.A. made by the late Sha.Bra. Chandramouleshwara Shivacharya Swamigalu to Sri.Veeranarayana Reddy, the Accused No.1 and 2 have conspired together and with the intention of fraudulently grabbing the assets belonging to Sri.Ramalingeshwara Matha of Haranahalli, the Accused No.1 himself created documents stating that he is the Sha.Bra. Chandramouleshwara Shivacharya Swamigalu and registered the trust deed as Registration No.315/2013-14 P.Shivacharya Swamigalu. The Accused No.1 and 2 have colluded and forged the signatures in the said registration document as per the signatures in the G.P.A., and the head of the Ramalingeshwara Math. Further the Sri Sha.Bra. Chandramouleshwara Shivacharya Maha Swamigalu was admitted to Sahyadri Narayana Hospital at Shivamogga due to illness and he died on 28.09.2014 without recovering, his death certificate mentioned that the deceased's father's name is Mr. Veeraiah and his mother's name is Mrs. Shantamma, dated 23.04.2019 the Accused No.1 has an identity card number: R.S.B.3042637 in the 4 CC.No.1873/2020 electoral identity roll and information about given in the letter of the Assistant Voter Registration Officer of Shivamogga Mahanagara Palika as the name of the accused as Sha.Bra. Chandramouleshwara Shivacharya Swamygalu Mother Smt. Rudramma, and the accused having shares at Circle Rural Development Multipurpose Sangha Ni, Harahanahalli, Shivamogga District, in that his name mentioned as B.M.Shivakumaraswamy S/o H.M.Basavaiah, the accused Accused No.1 and 2 have conspired to fraudulently acquire the property belonging to the Math by creating false documents and passing them off as genuine documents, thereby creating false documents and forged signatures. In pursuance of the same the complainant lodged the complaint before the Upparapete police. The Upparapete police has registered the Cr.No.150/2018 and thereby the Accused No.1 and 2 have committed the offences punishable U/sec.416, 417, 418, 449, 420, 465, 466, 468, 471, 120(b) R/W Sec.34 of IPC.
3. On receipt of charge sheet, cognizance was taken against Accused No.1 and 2. The presence of the Accused No.1 and 2 were secured and charge framed for the afore 5 CC.No.1873/2020 mentioned offences punishable U/sec.416, 417, 418, 449, 420, 465, 466, 468, 471, 120(b) R/W Sec.34 of IPC and the same was read over and explained to the Accused No.1 and 2. The Accused No.1 and 2 pleaded not guilty and claimed to be tried. Hence, the matter was posted for evidence of prosecution.
4. In support of the case of the prosecution, the prosecution examined CW.9 as PW.1, CW.2 as PW.2, CW.8 as PW.3, CW.7 as PW.4, CW.12 as PW.5, CW.4 as PW.6, CW.5 as PW.7, CW.6 as PW.8, CW.10 as PW.9, CW.11 as PW.10 and CW.13 as PW.11 and got marked Ex.P.1 to P.16 and ExD.1 is the death certificate. CW.1 is died during the commencement of trial. The statement U/sec.313 of Cr.PC., is recorded.
5. Upon hearing arguments on both sides the following points arise for my consideration:
1) Whether the prosecution proves
beyond reasonable doubt that
....................?.
2) What order?
6. Heard the arguments of both sides and perused the materials available on record.
6 CC.No.1873/2020
7. My findings on the above points are as follows:
Point No.1 : In the Negative
Point No.2 : As per final order
for the following:
REASONS
8. POINT NO.1 : The case of the prosecution is as discussed above. In support of the case of the prosecution, examined CW.9 as PW.1 and got marked Ex.P.1 is the copy of PCR.No.7869/2018, Ex.P.1(a) is the signature of the witness, Ex.P.2 is the FIR, Ex.P.2(a) is the signature of the witness. In the examination in chief PW.1 deposed that, he working as a PSI at Upparpete Police Station from March 2017 to July 2018. PW.1 further deposed that, on 07.06.2017 at 7.00 pm, when he was at the police station, the court constable Murugesh brought PCR No.7869/2018 and produced it, after that, he examined the said PCR and registered the case U/sec.416, 417, 418, 419, 420, 465, 466, and 471 R/W Sec.34 of IPC and submitted the FIR and a copy of PCR.No. 7869/2018 to the Hon'ble Court and the higher officers. PW.1 further deposed that, then he transferred the said file to CW.10 for further investigation. PW.1 cross-examined by advocate for accused. In the cross-examination PW.1 deposed that, it is true to suggest that, there is no other information 7 CC.No.1873/2020 related to the case other than the court order and deposed that, he has not conducted any investigation related to this case.
9. In support case of the prosecution, the prosecution examined CW.2 as PW.2. In the examination in chief PW.2 deposed that, CW.1 is his GPA holder and he died in the month of January. PW.2 further deposed that, he doesn't know the private complaint filed by CW.1, he know the Accused No.1 and 2, he has been working as a Swamiji of Ramalingeshwara Math since 1993. There is a case in the Shivamogga District Court and the Hon'ble High Court regarding the management of the property of the said Math. PW.2 further deposed that, the original suit No.811/2009 is under trial in the Shivamogga District Court and the documents have been created as a fake Chandramouleshwara Swamiji. Further deposed that, in the year 2014 Sri. Chandramouleshwara Swamiji was died and the Chandramouleshwara Swamiji has written a GPA to Vishwaradhya Shivacharya Swamiji. Accordingly, Vishwaradhya Shivacharya is the Mathadhipati and in this regard he has given statement. PW.2 cross-examined by 8 CC.No.1873/2020 advocate for accused. In the cross-examination PW.2 deposed that, PW.2 denied that, he is the fake Swami of Ramalingeshwara Math, he has no record of being the Swamiji of Ramalingeshwara Math, denied that, the person who died in 2014 is Shivalinga Shivacharya Swami. PW.2 further deposed that, the Shivalinga Shivacharya Swami belongs to Konandur and belongs to Haronahalli Math. It is true that, the Konandur Math is a branch math of Srisailam in Andhra Pradesh. In this regard, he doesn't know the registration of Cr.No.327/2016 in Banasawadi Police Station and he doesn't know the submission of the 'B' report. PW.2 further deposed that, it is true that, the accused No.1 has filed a complaint regarding the name being altered in the electoral identity card. PW.2 further deposed, he do not know the said complaint has been dismissed as per the order of the Chief Electoral Officer. It is true that, he is a party in the said case. PW.2 denied that they have created the complainant in this case, CW.1 Ramachandra Swamy, and filed this false complaint. It is true that he did not tell CW.1 to file this complaint, PW.2 denied that since he was not the Swamiji of Ramalingeshwara Math at any time, the question of asking the GPA does not arise, 9 CC.No.1873/2020 denied that he has the GPA, denied that the accused No.1 is the head of the Ramalingeshwara Mutt. PW.2 deposed that, it is true that the accused No.1 has registered a case CC.No.29908/2018 against him in which he is the accused No.2, denied that the accused No.1 is the head of the Ramalingeshwara Mutt and has filed a complaint against him as per the said complaint, denied that the Accused No.1 and 2 have filed a temporary injunction order in original suit No.2251/2018 against them, in which a temporary injunction order was granted by the Hon'ble court and they have violated it, therefore it is not true to say that the accused No.1 has registered CC.No.29908/2018 against them, denied that himself, the complainant CW.1 and other fake Swamijis have filed this false complaint together, denied that they have filed a false complaint with the intention of grabbing the property in the name of the Math. PW.2 further deposed that, the witness has said that the original suit No.811/2009 has not been ordered in their favor, which means that it is still pending for consideration. Since the said suit is pending for consideration, denied that, he is not the Mathadhipati of Ramalingeshwara Math, denied that even though the accused 10 CC.No.1873/2020 No.1 is the Swamiji of Sri Ramalinga matha, he has created the GPA for this case, filed a false complaint, and testified falsely.
10. In support of the case of the prosecution, the prosecution examined CW.8 as PW.3 and got marked Ex.P.3 is the certified copy of the registered GPA document dated 16.05.2012, Ex.P.3(a) is the signature of the witness. In the examination in chief PW.3 deposed that, she worked as a Senior Deputy Registrar in the Deputy Registrar Office, Rajajinagar from 2012 to July 2013. PW.3 further deposed that, on 16.05.2012, Sri Chandramouleshwara Shivacharya Swamiji granted a GPA to Sri E. Veeranarayana Reddy of Kadapa District and on 16.05.2012 she has registered the said document as Document No.56/12-13, stored in Book No.4. PW.3 cross-examined by advocate for accused. In the cross- examination PW.3 deposed that, the Shivalinga Swamiji of Konandur Math has written his name as Sri Chandramouleshwara Shivacharya Swamigalu in the GPA. The witness has said that she has not checked the matter, which means that the witness who can identify it will identify it, no identity cards were presented while registering the GPA. 11 CC.No.1873/2020 PW.3 denied that, she registered the GPA without thoroughly checking any documents and she do not know the said GPA has been canceled in their office.
11. In support of the case of the prosecution, the prosecution examined CW.7 as PW.4 and got marked Ex.P.4 is the certified copy of the registered Trust Deed dated 21.04.2014, Ex.P.4(a) is the signature of the witness. In the examination in chief PW.4 deposed that, he worked as a Sub- Registrar in Rajajinagar Sub-Registrar's office from 01.08.2013 to 30.06.2015. On 21.01.2014, he has registered the Trust Deed vide CD number, stored in Book No.4, Document No.R.J.N.400315-2013-14, CD No.R.J.ND.261, in the presence of witnesses L. Chandrashekhar and Rajesh, including Sri Chandra Mouleshwara Shivacharya Swamigal, H.R. Vishwanath, B.P. Virendra Desai, B. Dananjaya. There is no cross-examined by the advocate for accused.
12. In support of the case of the prosecution, the prosecution examined CW.12 as PW.5 and got marked Ex.P.5 is the statement of CW.2, Ex.P.5(a) is the signature of the witness, Ex.P.6 is the statement of CW.4, Ex.P.6(a) is the signature of the witness, Ex.P.7 is the statement of CW.5, 12 CC.No.1873/2020 Ex.P.7(a) is the signature of the witness. In the examination in chief PW.5 deposed that, he worked as a PSI at Cottonpet Police Station from 05.09.2016 to 31.05.2021. On 13.11.2019, on the orders of PI Kumaraswamy CW.11, he went to Ramalingeshwara Mutt in Haranahalli, Shivamogga district and obtained the statement of the Swamiji, Shivayogi Shivacharya CW.2. PW.5 further deposed that, he went to the Aided Primary School and obtained the statements of Danesh Nayak CW.4 and Bhagyavati CW.5. PW.5 cross-examined by advocate for accused. In the cross-examination PW.5 denied that he did not go to the Ramalingeshwara Mutt in Haranahalli and obtain the statement of CW.2, denied that when he recorded the statement, the accused No.1 was the head of the said Mutt and with the intention of helping the complainant, he recorded the statement of someone else as per Ex.P.5, denied that he has never visited the Ramalingeshwara Mutt in Haranahalli, denied that he also created the statements of CW.4 and 5 with the intention of helping the complainant, denied that he created the documents and signatures of Ex.P.5 to 7 for this case by 13 CC.No.1873/2020 listening to his superiors, denied that he is giving false testimony by listening to his superiors.
13. In support of the case prosecution, the prosecution examined CW.4 as PW.6. In the examination in chief PW.6 deposed that, he worked as the Headmaster at Sri Kumbheshwar Aided Higher Primary School, Shivamogga from 2007 to August 2024. PW.6 further deposed that, he has seen Shivalinga Shivacharya Swamiji of Konandur and Thirthahalli Swamiji in the program, he do not know that Chandramouleshwara Shivacharya Swamiji made a will related to the matter of the Math, he do not know whether the police have written anything in his statement, the accused No.1 is the Swamiji. As the witness turned hostile cross- examined by prosecution. In the cross-examination PW.6 denied the suggestion made by the prosecution and got marked Ex.P.6 is the statement. PW.6 cross-examined by advocate for accused. In the cross-examination PW.6 deposed it is true that, Shivalinga Shivacharya Swamiji was never pontiff (peethadhipathigalu) of the Haranahalli, Ramalingeshwara Mutt.
14 CC.No.1873/2020
14. In support of the case of the prosecution, the prosecution examined CW.5 as PW.7. In the examination in chief PW.7 deposed that she has been worked as a teacher at Sri Kumbheshwara Aided Higher Primary School, Shivamogga since 2008. Further deposed that, CW.4 is the headmaster of their school, she know Chandramouleshwara Shivacharya Swamiji of Ramalingeshwara Math and he is still there, she has not given any statement to the police. As the witness turned hostile cross-examined by prosecution. In the cross- examination PW.7 denied the suggestion made by the prosecution and got marked Ex.P.7 is the statement. PW.7 cross-examined by advocate for accused. In the cross- examination PW.7 deposed it is true that, the accused No.1 is the pontiff (peethadhipathigalu) of the Ramalingeshwara Mutt, Haranahalli, Shivamogga Distict and Taluk.
15. In support of the case of the prosecution, the prosecution examined CW.6 as PW.8 and got marked Ex.P.5 is the document, Ex.P.5(a) is the signature of the witness. In the examination in chief PW.8 deposed that, he is worked as the Secretary of Circle Rural Development Multipurpose Cooperative Society Limited, Haranahalli from 2012 to 2018. 15 CC.No.1873/2020 PW.8 deposed that, the police have sought information about D.M. Shivakumara Swamy's Son of H.M. Basavaiah, accordingly, on 27.11.2019 he has provided the document of information. PW.8 cross-examined by advocate for accused. In the cross-examination PW.8 deposed that, Ex.P.5 was written by his salesman, it is true that he did not write Ex.P.5. PW.8 denied that he created Ex.P.5 with the intention of helping the complainant, denied that D.M. Shivakumara Swamy's father, H.M. Basavaiah, was not a member of his association.
16. In support of the case of the prosecution, the prosecution examined CW.10 as PW.9. In the examination in chief PW.9 deposed that, she worked as a PSI at Upparpete Police Station from March 2016 to August 2019. In the examination in chief PW.9 deposed that, on 11.08.2018, the accused No.2 in this case obtained anticipatory bail from the Hon'ble Court and was produced before the police station. Accordingly, she has inspected the case file, taken action to arrest the accused No.2, obtained bail as per the order of the Hon'ble Court and released the accused No.2 and then she has handed over the case file to the Chief Investigating Officer, 16 CC.No.1873/2020 CW.9. PW.9 cross-examined by advocate for accused. In the cross-examination PW.9 denied that a false case has been filed against the accused No.2, denied that, this is the first time she is seeing the accused No.2 in court.
17. In support of the case of the prosecution, the prosecution examined CW.11 as PW.10. In the examination in chief PW.10 deposed that, he worked as a PI at Cottonpet Police Station from July 2016 to August 2019. PW.10 further deposed that, on 15.02.2019 he has received the file of this case from CW.10 as per the written order issued by the Hon'ble ACP. Later, due to his transfer, he has transferred the said file to CW.13. There is no cross-examination of advocate for accused No.1 and 2.
18. In support of the case of the prosecution, the prosecution examined CW.13 as PW.11 and got marked Ex.P.5 and P.6 are the certified copies of the Cr.No.91/2018 and No.253/2017, Ex.P.8 is the objection of the accused's counsel, Ex.P.8(a) is the signature of the witness, Ex.P.9 is the photograph of the foundation stone of the inauguration of Ramalingeshwara Free Student Hostel and on the objection of the accused's counsel, Ex.P.9(a) is the signature of the 17 CC.No.1873/2020 witness, Ex.P.10 is the photograph of the identity card and on the objection of the accused's counsel, Ex.P.10(a) is the signature of the witness, Ex.P.11 is the photograph of the voter ID card in the mobile of the accused No.1 and on the objection of the accused's counsel, Ex.P.11(a) is the signature of the witness, Ex.P.12 is the certified copy of the death certificate of Chandramouleshwar Shivacharya Swamiji, Ex.P.12(a) is the signature of the witness, Ex.P.13 is the certified copy of the death summary, Ex.P.13(a) is the signature of the witness, Ex.P.14 is the statement of CW.1, Ex.P.14(a) is the signature of the witness, Ex.P.4 is the trust deed, Ex.P.3 is the certified copy of the G.P.A, Ex.P.15 and P.16 are the acknowledgment dated 11.11.2019 and the selected list of the executive members.
19. In the examination in chief PW.11 deposed that, he worked as a PI at Cottonpet Police Station from July 2019 to September 2020. PW.11 further deposed that, on 19.07.2019, he received the file of this case from PI CW.11 and continued the investigation. On 12.11.2019, he sent PSI Nijalingappa CW.12 to Shimoga to collect the statements and documents of the witnesses related to this case. Accordingly, on 13.11.2019, 18 CC.No.1873/2020 the statements of CW.2 to 4 and the photograph of Shri Shivayogi Shivacharya and the photograph of the inaugural foundation stone of Ramalingeshwara Free Student Hostel, along with the photo of the identity card of the accused No.1 and the certified copies of the case FIR of Cr.No.253/2017 and 91/2018 registered against the Accused No.1 and 2 in this case at Humsi Police Station, Shivamogga District, have been obtained and produced before him.
20. PW.11 further deposed that, on 25.11.2019 he has written letter to the Commissioner of Shivamogga Managara Palike, and have obtained a certified copy of the death certificate of the deceased Chandramouleshwara Shivacharya Swamiji. Similarly, he has obtained a certified copy of the electoral identity card of the accused No.1 from the Shivamogga Municipal Corporation. On the same day, he has submitted a request to the Secretary, Circle Rural Development Multipurpose Cooperative Society, Haronahalli and have received a copy of the identity card distributed to the accused No.1 through a letter. Further deposed that, he has obtained a certified copy of the death summary regarding the death of the head of the Matha, Chandramouleshwara 19 CC.No.1873/2020 Shivacharya Swamiji, who was admitted to the Sahyadri Narayana Hospital, Shivamogga for treatment on 25.09.2014 and 28.09.2014 and on 28.12.2019 he has obtained the statement of CW.1, further on 01.01.2020 he obtained a copy of the Trust Deed No.315/2013-14 registered by the accused No.1 from the Senior Sub-Registrar Rajajinagar and a copy of the thumbprint register of the said deed. On the same day, he has obtained a certified copy of the G.P.A. Further deposed that, dated 16.05.2012 made by the deceased Chandramouleshwara Shivacharya Swami to Veeranarayana Reddy and a copy of the thumbprint register. Dated 11.11.2019 he has obtained the acknowledgment and the selected list of executive members. Since the investigation conducted till then has proved the charges against the accused, on 27.01.2020 he has submitted the charge sheet to the Hon'ble Court. Even if Shivayogi Shivacharya was alive, the accused No.1 had created the trust deed by impersonating him, the age of the deceased Swamiji in the death summary is 86 years.
21. Further deposed that, the accused had an election ID card made in the name of Swamiji after his death. The 20 CC.No.1873/2020 accused No.2 had signed the trust deed. PW.11 cross- examined by the advocate for accused. In the cross- examination PW.11 denied that, CW.12 was not sent for collection of documents related to the case, denied that the statements and photographs of CW.2 to 4 were not obtained. PW.11 deposed that, it is true that in Ex.P.9 is written as a student hostel in Foundation Stone (Adigal) and not as a Math, it is true that Ex.P.6 and 7 are not related to this case. PW.11 denied that Ex.P.12 was created for this case, denied that the deceased is not the Shivalinga Shivacharya of Brihan Math, Chandramouleshwara Swamiji, denied that the deceased Shivalinga Shivacharya Swamiji belongs to Bruhan Math, Konandur, the witness has told about Chandramouleshwara Swamijim, denied that he has presented the death certificate that he took later, further denied that according to the death certificate that he has presented, the said death certificate is not that of Chandramouleshwara Swamiji. PW.11 further deposed that, the witness was shown a certified copy of the death certificate dated 28.09.2014 of Shri Sha.Br.Shivalinga Shivacharya Swamigal Brahanmath Konandur and it was marked as 21 CC.No.1873/2020 Ex.D.1. PW.11 denied that he has fabricated the death certificate as presented, denied that Shivalinga Shivacharya Swamiji had been claiming to be Chandramouleshwara Swamiji since before and that he was the Swamiji of the Math.
22. PW.11 further deposed that he has obtained GPA during the investigation to show that he is the Swamiji, Shivalinga Shivacharya Swamiji. He created Ex.P.3 GPA by impersonating Chandramouleshwara Swamiji. PW.11 denied that he did it. PW.11 deposed that he is not aware of the cancellation of the said GPA. PW.11 denied that he hide it and gave only the GPA even if he knew about it. Usually when they go to the hospital, they ask for their identity cards. PW.11 denied that Shivalinga Shivacharya Swamiji falsely wrote his name as Chandramouleshwara Swamiji when he was admitted to the hospital for treatment, denied that the photograph he presented is of Shivalinga Shivacharya Swamiji and not of Chandramouleshwara Swamiji, denied that the accused No.1 before the court is the real Swamiji of the Math and he himself made the trust deed properly, denied that the accused No.1 himself is the Swamiji of the Math, so he has made an identity card in his name, denied that he or his staff 22 CC.No.1873/2020 created photos for this case without going to the place. PW.11 cross-examined by advocate for accused.
23. In the cross-examination PW.11 denied that, Ex.P.13 is the death summary of Shivalinga Shivacharya Swamiji does not reveal his identity, denied that, Ex.P.13 and other documents were created to help the complainant in this case. PW.11 deposed that, no other personal documents were produced except the photographs of the deceased Shivalinga Shivacharya Swamiji, which means that the witness has said that he did not produce the personal documents of Chandramouleshwar Shivacharya Swamiji. Similarly, he do not know about the Banaswadi Police Station registering Cr.No.327/2016 stating that Swamiji is dead. He do not know about 'B' report in the said case. PW.11 denied that, the 'B' report has stated in the final report that the deceased was Shivalinga Shivacharya Swamiji of Konandur Math, denied that, he created the documents in the police station to support the complainant, denied that the documents were brought by the complainant and presented through them, denied that the accused No.1 is the real Swamiji of the Math, denied that he has misused his authority by filing a false case, denied that 23 CC.No.1873/2020 the accused No.1 and 2 have not done anything wrong, denied that the complaint filed against them is false.
24. On perusal of the evidence on record it is seen that, the prime witness ie., CW.1 the complainant died during the course of trial. The evidence of PW.1 reveals that, he received the PCR No.7869/2018 and examined, registered the case and sent FIR and PCR to the Hon'ble court and then he transferred the said file to CW.10 for further investigation and in the cross-examination deposed that no other information related to the case other than the court order and deposed that, he has not conducted any investigation related to this case. He gave his testimony in accordance with the investigation he conducted. His evidence is not supported the case of the prosecution.
25. The evidence of PW.2 reveals that, CW.1 is his GPA holder and he died in the month of January, he doesn't know the private complaint filed by CW.1, he know the Accused No.1 and 2, he has been working as a Swamiji of Ramalingeshwara Math since 1993 and there is a case in the Shivamogga District Court and the Hon'ble High Court regarding the management of the property of the said Math, 24 CC.No.1873/2020 the original suit No.811/2009 is under trial in the Shivamogga District Court and the documents have been created as a fake Chandramouleshwara Swamiji and in the year 2014 Sri. Chandramouleshwara Swamiji was died and the Chandramouleshwara Swamiji has written a GPA to Vishwaradhya Shivacharya Swamiji, accordingly, Vishwaradhya Shivacharya is the pontiff (Mathadhipati). But there is a doubt regarding the fact that the PW.2 deposed that the Chandramouleshwara Swamiji has written a GPA to Vishwaradhya Shivacharya Swamiji, in this case the prosecution has not made the very important crucial witness the Vishwaradhya Shivacharya Swamiji to prove the case in hand and also the prosecution has not furnished the said GPA which is allged to be executed in favour of Vishwaradhya Shivacharya Swamiji. Even the said Vishwaradhya Shivacharya Swamiji is not made as a witness in order to prove the due execution of the alleged GPA in favour of Vishwaradhya Shivacharya Swamiji. The evidence of PW.2 discloses that, he is not aware of the filing of the complaint by the CW.1. There is no nexus between the CW.1 and the Mutt. In the absence of above said GPA he cannot be said that 25 CC.No.1873/2020 Vishwaradhya Shivacharya Swamiji is the pontiff of the said Matt. Even there is no proof to show that, the PW.2 is the swamyji of Ramalingeshwara Matta as there is no evidence to that effect. The evidence of PW.2 further discloses that in respect of pontiffship of the Matt there was Cr.No.327/2016 in the Banasavadi police station and in the said crime "B" report was filed. Under these circumstances it cannot be held that, the PW.2 is the Swamiji of the Mutt. The evidence of PW.2 discloses that, there is a case against him in CC.No.29908/2018 in which he is the accused No.2 and the said complaint is lodged by the accused No.1 in this case, in the capacity of the Mutt.
26. Further evidence of PW.2 discloses that, OS.No.2251/2018 is filed by the accused No.1 and 2 in which the Hon'ble court has granted the Temporary injunction and for the violation injunction order CC.No.29908/2018 has been filed and as a counter blast, the present private complaint given through CW.1 who is having no locustandy to file the complaint. There is no prima facie case made out against the accused No.1 and 2, hence there is doubt regarding the fact 26 CC.No.1873/2020 that, the accused No.1 and 2 have committed the alleged offences as contended in the complaint the charge sheet.
27. The evidence of PW.3 reveals that, on 16.05.2012, Sri Chandramouleshwara Shivacharya Swamiji executed a GPA to Sri E. Veeranarayana Reddy of Kadapa District and on 16.05.2012 she has registered the said document as Document No.56/12-13 of Book No.4 and in her cross- examination deposed that the Shivalinga Swamiji of Konandur Math has written his name as Sri Chandramouleshwara Shivacharya Swamigalu in the GPA. But the said Veeranarayaa Reddy is also one of the crucial witness to prove the case in hand, but the prosecution has not made him as a witness. Which again defeat the case of the prosecution. PW.3 further deposed that, she has not checked the matter, further reveals that no identity cards were presented while registering the GPA. In her evidence clearly shows that, she has not properly inspected the documents and registered the GPA and deposed that she doesn't know the said GPA has been canceled in their office. If she is the Senior Deputy Registrar in the Deputy Registrar Office, she must properly inspect the documents and register the GPA, the evidence of 27 CC.No.1873/2020 PW.3 is again gives the lack of procedure to be followed to registering the GPA. Which gives the doubt regarding the due execution of the said GPA. Even the prosecution utterly failed to make the Veeranarayana Reddy as witness to prove the alleged GPA.
28. The evidence of PW.4 reveals that, he worked as a Sub-Registrar in Rajajinagar Sub-Registrar's office, he has registered the Trust Deed vide CD Book No.4, Document No.R.J.N.400315-2013-14, CD No.R.J.ND.261, in the presence of witness L. Chandrashekhar and Rajesh, including Sri Chandra Mouleshwara Shivacharya Swamigalu, H.R. Vishwanath, B.P. Virendra Desai, B. Dananjaya, who are the witness. The evidence of PW.4 discloses that, as per Ex.P.4 trust deed is executed by the accused No.1 and accused No.2 has signed the same to the Ex.P.4 in accordance with law in presence of other witnesses.
29. The evidence of PW.5 reveals that, he conducted the investigation as per PI CW.11, and taken the statements of CW.2, 4 and 5 and in his cross-examination denied the suggestion made by the advocate for accused. His evidence discloses that he is partially conducted the investigation and 28 CC.No.1873/2020 the statements of CW.4 and 5 are not supported the case of the prosecution. The CW.4 is examined as PW.6 and deposed that he doesn't know regarding the execution of will by the Chandramouleshwara Shivacharya Swamiji in respect of the Mutt. Even prosecution has not furnished the will in order to prove the due execution of the said will by the Chandramouleshwara Shivacharya Swamiji. The evidence of PW.6 reveals that, he turned hostile cross-examined by prosecution, in the cross-examination he deposed that, he doesn't know the contents of statement. The CW.5 examined as PW.7 in her evidence she deposed that, the Chandramouleshwara Shivacharya Swamiji is alive and she knows him and further reveals that she has not given any statement to the police, this gives doubt that the police have not been to the place to record the statement of CW.4 and 5 as the CW.5 deposed she has not given any statement to the police. The evidence of PW.7 reveals that, she turned hostile cross-examined by prosecution and deposed that, she has not given any statement to the police. Further reveals that, the died swamiji was Shivalinga Shivacharya Swamiji not the Chandramouleshwara Shivacharya Swamiji. Further deposed 29 CC.No.1873/2020 that she doesn't know the execution of will by the Chandramouleshwara Shivacharya Swamiji to one Vishwaradhya Shivacharya Swamiji. Even the prosecution has not furnished the crucial document of will in order to prove the will and also not examined the Vishwaradhya Shivacharya Swamiji. Which again defeat the case of the prosecution.
30. The evidence of PW.8 reveals that, the Secretary of Circle Rural Development Multipurpose Cooperative Society Limited, Haranahalli, the police have sought information about D.M. Shivakumara Swamy's Son of H.M. Basavaiah, accordingly, same is provided the document at Ex.P.5 in order to prove the case in hand. His testimony will not help to prove the case, as he is not the author of the said document. The evidence of PW.9 reveals that, she arrested the accused and the accused obtained anticipatory bail from the Hon'ble Court and inspected the case file and handed over the case file to the Chief Investigating Officer CW.9, she gave her testimony in accordance with the investigation as she conducted.
31. The evidence of PW.10 reveals that, on 15.02.2019 as per order of ACP he received the case file from CW.10, and 30 CC.No.1873/2020 as per transferred order he given the case file to CW.13, this discloses that, he has not conduct any investigation because he transferred. The evidence of PW.11 reveals that, he received the case file from CW.11 and sent PSI Nijalingappa CW.12 to Shimoga to collect the statements of CW.2 to 4 and documents and photograph of Shri Shivayogi Shivacharya and the photograph of the inaugural foundation stone of Ramalingeshwara Free Student Hostel, and identity card of the accused No.1 and the certified copies of the case FIR of Cr.No.253/2017 and 91/2018 registered against the Accused No.1 and 2 in this case at Humsi Police Station, Shivamogga District, have been obtained and produced before him and he has written letter to the Commissioner of Shivamogga Mahanagara Palike, and have obtained a certified copy of the death certificate of the deceased Chandramouleshwara Shivacharya Swamiji. Similarly, he has obtained a certified copy of the electoral identity card of the accused No.1 from the Shivamogga Municipal Corporation, he has submitted a request to the Secretary, Circle Rural Development Multipurpose Cooperative Society, Haronahalli and have received a copy of the identity card distributed to the accused 31 CC.No.1873/2020 No.1 through a letter. Further deposed that, he has obtained a certified copy of the death summary regarding the death of the pontiff of the Matha, Chandramouleshwara Shivacharya Swamiji, who was admitted to the Sahyadri Narayana Hospital, Shivamogga for treatment on 25.09.2014 and 28.09.2014 and on 28.12.2019 he has obtained the statement of CW.1, further on 01.01.2020 he obtained a copy of the Trust Deed No.315/2013-14 registered by the accused No.1 from the Senior Sub-Registrar Rajajinagar and a copy of the thumbprint register of the said deed and obtained the certified copy of the G.P.A, dated 16.05.2012 made by the deceased Chandramouleshwara Shivacharya Swami to Veeranarayana Reddy, even if Shivayogi Shivacharya was alive, the accused No.1 had created the trust deed by impersonating him, the age of the deceased Swamiji in the death summary is 86 years, the accused had an election ID card made in the name of Swamiji after his death.
32. The evidence of PW.11 it is seen that, the investigation officer has not seized the said original trust deed and Will executed by the Chandramouleshwara Shivacharya Swamiji and sent it for FSL in order to prove its genuinity of 32 CC.No.1873/2020 the same. Only on the basis of photo copy of Ex.P.3, 4, 8, 9, 10, 11, it is not possible to held accused No.1 and 2 are committed the alleged offneces. Event there is an ambiguity in respect of the death certificate furnished by the prosecution at Ex.P.12 as without any authentication the said document has been obtained and Ex.D1 reveals the fact that, Sha. Bra. Shivalinga Shivacharya Swamiji, Bruhan Matt, Konandur, died on 28.09.2014. Further the investigation officer has not made the doctors as a witness to prove the Ex.P.13 only on the basis of Ex.P.13 it cannot be held that Chandramouleshwara Swamiji admitted to the hospital and died. Even the IO., has not properly investigated the matter in respect of the trust deed at Ex.P.4, there is lack investigation in respect of alleged offences committed by the accused No.1 and 2. Even Ex.P.8 to P.11 which are photographs no certificate has been issued in that regard under section 65(B) of Indian evidence Act, hence same cannot be admissible evidence.
33. There are no original documents and evidence available on record which shows the role of the accused persons in the commission of the offences. The whole case of 33 CC.No.1873/2020 the prosecution is dependent on documentary evidence. The prosecution has to prove its case by producing relevant documents but it is failed to produce relevant documents. In order to prove the forgery, the prosecution has not sent the alleged forged trust deed at Ex.P.4 to the Forensic Science laboratory in order to test its veracity. When prosecution has failed to prove the forgery then it could not prove other offences alleged against the accused No.1 and 2. The prosecution has to prove its case beyond reasonable doubt. But in this case the prosecution has not produced any single original document and adduced evidence of material witnesses in order to prove its case. Hence, the prosecution has miserably failed to prove that the accused No.1 and 2 have committed an offences punishable Sec.416, 417, 418, 449, 420, 465, 466, 468, 471, 120(B) R/W Sec.34 of IPC. There is an inconsistent evidence. PW.2 deposed that, there is a case in the Shivamogga District Court and the Hon'ble High Court regarding the management of the property of the said Math and the original suit No.811/2009 is under trial in the Shivamogga District Court still pending no documents have been furnished to that effect. There is no substantial evidence 34 CC.No.1873/2020 to prove the averments of the complaint and the charge sheet. Under these circumstances the prosecution failed to made out the grounds against the Accused No.1 and 2 in respect of the commission of the offence. The prosecution failed to prove the accusation made against the Accused No.1 and 2 with cogent evidence. Hence, the Accused No.1 and 2 are entitled for the benefit of doubt. Under these circumstances the Accused is deserves to be acquitted for the alleged offence punishable U/sec.416, 417, 418, 449, 420, 465, 466, 468, 471, 120(b) R/ W Sec.34 of IPC. In the light of the above reasons, I answer point No.1 in the Negative.
34. Point No.2: As I have answered Point No.1 in Negative for aforesaid reasons, I proceed to pass the following:
ORDER Exercising Powers U/sec 248(1) of Cr.P.C., Accused No.1 and 2 are hereby acquitted for the offence punishable U/sec.416, 417, 418, 449, 420, 465, 466, 468, 471, 120(b) R/W Sec.34 of IPC.
The bail bond of the Accused No.1 and 2 and their surety shall continue till expiry of appeal period.35 CC.No.1873/2020
(Dictated to the stenographer, on computer, computerized and print out taken by her, corrected, signed by me in the open court on this 07 th day of May, 2026) (Vijaykumar.S. Jatla) V ACJM, Bangalore ANNEXURE
1. List of Witnesses examined on behalf of the prosecution.
P.W.1 - Sri. Ramakrishnaiah
P.W.2 - Sri. Shivayogi Shivacharya Mahaswamy
P.W.3 - Smt. Lalitha Amruthesh
P.W.4 - Sri. C. Thippeswamy
P.W.5 - Sri.C. Nijalingappa
P.W.6 - Sri. Danesh Naik
P.W.7 - Smt. Bhagyavathi
P.W.8 - Sri. Mahammad Farooq
P.W.9 - Smt. Kathyayini Alwa. S
P.W.10 - Sri. B.G.Kumaraswamy
P.W.11 - Sri. T.C Venkatesh
2. List of the documents marked on behalf of prosecution Ex.P.1 Copy of PCR.No.7869/2018 Ex.P.1(a) Signature of the witness Ex.P.2 FIR Ex.P.2(a) CSignature of the witness 36 CC.No.1873/2020 Ex.P.3 Certified copy of the registered GPA document dated 16.05.2012 Ex.P.3(a) Signature of the witness ExP.4 Certified copy of the registered Trust Deed dated 21.04.2014 Ex.P.4(a) Signature of the witness Ex.P.5 Statement of CW.2 Ex.P.5(a) Signature of the witness Ex.P.6 Statement of CW.4 Ex.P.7 Statement of CW.5 Ex.P.8 Photograph of Shivayogi Shivacharya Ex.P.8(a) Signature of the witness Ex.P.9 Student hostel in Foundation Stone (Adigal) Ex.P.9(a) Signature of the witness Ex.P.10 Photo copy of Identity Card Ex.P.10(a) Signature of the witness Ex.P.11 Photograph of the voter ID card in the mobile of the accused No.1 Ex.P.11(a) Signature of the witness Ex.P.12 Certified copy of the death certificate of Chandramouleshwar Shivacharya Swamiji Ex.P.12(a) Signature of the witness Ex.P.13 Death Summary Ex.P.13(a) Signature of the witness Ex.P.14 Statement of CW.1 Ex.P.14(a) Signature of the witness Ex.P.15-16 Acknowledgment dated 11.11.2019 and the selected list of the executive members
3. List of the witnesses examined for defence.
-NIL-
4. List of the Documents exhibited for defence.
Ex.D1: Death certificate
5. List of the articles marked in the evidence. -
-NIL-
(Vijaykumar.S. Jatla) V ACJM, Bangalore