Bangalore District Court
( Rep. Sr.App) vs No.2 Is Acquitted on 16 January, 2021
IN THE COURT OF THE Ist ADDL.CMM: BENGALURU
Dated this the 16th day of January 2021.
Present: Shri Bhat Manjunath Narayan,
B.Com., LL.B.
Ist Addl. C.M.M BENGALURU.
State by Halasurgate
Police Station, Bengaluru. ....Complainant
( Rep. Sr.APP)
Vs
1. Shivaraju, 49 years,
R/o Kadaluru village, Post,
Madduru taluk,
Mandya
2. Ananda 48 tears,
S/o Channamma
R/o Kadaluru village,
Madduru taluk,
Ramanagara .....Accused
(Rep by A-1 Sri.M.K.Venkatesh Adv
A-2 Sri Krishnamurthy Adv)
1. Sl. No. of the case : C.C.No.32309/2018
2. The date of commission of : 21-4-2018
the ofence
3. Name of Complainant : Shashikumar
4. Name of the accused : As stated above
5. The ofences complained or : U/s.419, 420, 465 & 468
proved r/w sec. 34 of IPC
6. Plea of the accused and his : Pleaded not guilty
examination
C.C.No.32309/2018
2
7. Date of Commencement of : 18-03-22019
evidence
8. Date of Closing of : 15-02-2020
prosecution evidence
9. Opinion of Judge : Accused No.1 is convicted
Accused No.2 is acquitted
10. Date of Judgment : 16.01.2021
(Bhat Manjunath Narayan)
Ist Addl. CMM., Bengaluru.
C.C.No.32309/2018
3
JUDGMENT
That, Halasurgate Police have fled charge sheet against the accused No.1 and 2 alleging that the accused have committed an ofence punishable under Sections 419, 420, 465 and 468 R/w Section 34 of IPC.
2. The background facts which leads to trial of the accused as projected by the prosecution are as follows:
In the charge sheet it is alleged that the accused No.1 has created document stating that he is Puttaswamy Gowda and fled afdavit before II ACMM, Bengaluru to stand as surety to one Abuzar Ali in C.C.No.12729/2016, C.C.No.12732/2016 of Tilaknagar Police Station, C.C.No.3471/2016, C.C.No.3472/2016, C.C.No.3473/2016 of C.K.Achukattu Police Station, and C.C.No.10297/2016 of Subramanyapura Police Station. It is further alleged that for the purpose of standing surety to the accused Abuzar Ali, the accused Nos.1 and 2 have created document to the efect that accused No.1 Puttaswamy Gowda and fled afdavit before the court. It is submitted that When court found that the accused No.1 Shivaraju has fled false afdavits stating that he is Puttaswamy Gowda, as per the directions of the Court, C.C.No.32309/2018 4 C.W.1 Shashikumar Shirestedar of III ACMM who was in- charge on that day has fled complaint before Halasuru Gate police.
3. As per frst information report given by C.W.1 Shashikumar, C.W.7 Rangaswamy has registered a case at Halasurgate Crime No.112/2018. After registration of crime, the Investigating ofcer-C. W. 9 Surachar has recorded the statement of witnesses and fled charge sheet against the accused for the ofences punishable under Sections 419, 420, 465 and 468 r/w Section 34 of IPC.
4. The accused No.1 was arrested during crime stage and he was released on bail. The accused No.2 was in judicial custody in connection with other cases and his presence was secured by issuing Body warrant. After fling charge sheet cognizance for the ofences punishable under Sections 419, 420, 465 and 468 R/w Section 34 of IPC is taken and copies of the charge sheet is supplied to the accused as required under sec.207 of Cr.P.C.
5. The accused Nos.1 and 2 are represented by their counsels and after hearing the accused on framing of charge, charge for the ofence punishable under C.C.No.32309/2018 5 Sections 419, 420, 465 and 468 r/w Section 34 of IPC are framed. The accused Nos.1 and 2 pleaded not guilty and claims to be tried by this court. In order to prove the guilt of the accused Nos.1 and 2, prosecution has examined 9 witnesses as P.Ws.1 to 9 and also got marked 36 documents as Exs.P1 to P36.
6. After closure of evidence of prosecution, statement of the accused as required under Section 313 of Cr.P.C. is recorded and they have denied the incriminating statement made against them. The accused Nos.1 and 2 have not led any defence evidence in support of their contention.
7. In this case prosecution has to prove the following points:
1. Whether the prosecution proves beyond reasonable doubt that, the accused Nos.1 and 2 in furtherance of common intention have created forged Aadhaar card and other documents in order to stand as surety to accused in criminal case and thereby committed ofences punishable under Sections 465 r/w Sec.34 of IPC?
2. Whether the prosecution proves beyond reasonable doubt that, the accused Nos.1 and 2 in furtherance C.C.No.32309/2018 6 of common intention have created forged Aadhaar card and other documents in order to stand as surety to accused in criminal case & used the forged document for cheating and thereby committed ofences punishable under Sections 468 r/w Sec.34 of IPC?
3. Whether the prosecution proves beyond reasonable doubt that, the accused Nos.1 and 2 in furtherance of common intention have created false documents for the purpose of cheating the court have presented the said documents before the court and thereby committed ofence punishable under Section 420 r/w Sec.34 of IPC?
4. Whether the prosecution proves beyond reasonable doubt that, the accused Nos.1 and 2 in furtherance of common intention, accused No.1 pretending himself as Puttaswamy Gowda has fled surety afdavit to cheat the court and thereby committed ofence punishable under Section 419 r/w Sec.34 of IPC?
5. What order ?
8. After hearing the learned counsel for accused Nos.1 and 2 and learned Sr.APP. Perused the oral and C.C.No.32309/2018 7 documentary evidence adduced by the prosecution and my fndings on the above points are as under:
Point No.1 to 4: Partly Afrmative Point No.5 : As per fnal order, for the following:
REASONS Point No.1 to 4: -
9. Point No.1 to 4 are taken for common discussion as they are arising out of same incident and in order to avoid repetition. However, separate fnding has been given to each point.
10. That, Halasurgate police have alleged that the accused Nos.1 and 2 in furtherance of common intention have committed an ofence punishable under Sections 419, 420, 465 and 468 R/w Section 34 of IPC. It is the case of the prosecution that the accused No.1 Shivaraju pretended himself as Puttaswamy Gowda has fled afdavit before II ACMM for release of Abuzar Ali in the cases pending before the said court. It is further C.C.No.32309/2018 8 case of the prosecution that the accused No.2 has instigated and helped the accused No.1 in the act and as such the accused have committed the above ofences.
11. In order to prove the guilt of accused, prosecution has examined nine witnesses and also got marked 36 documents. I have appreciated the oral and documentary evidence adduced by the prosecution, to know whether prosecution has proved the ingredient of ofence beyond reasonable doubt. PW-1 Shashikumar and PW-2 Pushpa who are court ofcials have deposed that accused No.1 Shivaraj has fled afdavit before II ACMM pretending himself as Puttaswamy Gowda. There is nothing in the cross examination to contradict their statements. Accused No.1 has not explained why Pw-1 and Pw-2 court employee are deposing falsely against the accused No.1.
12. The important evidence is that of P.W.9 Gopi D. the Advocate who has identifed the accused No.1- Shivaraj as Puttaswamy Gowda in the afdavits C.C.No.32309/2018 9 fled by the accused No.1 Shivaraj before II ACMM. P.W.9 Gopi son of Damodar who is practicing Advocate in his evidence has clearly stated that the accused No.1 came with surety documents & Aadhaar card and when he has inquired the accused No.1 he has stated his name as Puttaswamy Gowda. The said fact is clearly deposed by P.W.9 in the evidence as under:
¢B 21.04.2018 gÀAzÀÄ C§Ógï D° DgÉÆæ PÀqÉAiÀĪÀgÀÄ £À£ÀUÉ PÀgÉ ªÀiÁr ±ÀÆåjnAiÀÄ£ÀÄß PÀ¼ÀÄ»¸ÀÄwÛzÀÉÝÃªÉ CªÀgÀ£ÀÄß £ÁåAiÀiÁ®AiiÀÄPÉÌ ºÁdgÀÄ¥Àr¹ JAzÀÄ w½¹gÀÄvÁÛgÉ. CzÀgÀAvÉ 1£Éà DgÉÆæ ¸ÀzÀj ±ÀÆåjnzÁgÀgÀ£ÀÄß £À£Àß ºÀwÛgÀ PÀgÉzÀÄPÉÆAqÀÄ §AzÀÄ ¥ÀæªÀiÁt ¥ÀvÀæªÀ£ÀÄß vÀAiÀiÁgÀÄ ªÀiÁr £À£ÀߣÀÄß UÀÄgÀÄw¸ÀĪÀAvÉ PÉýgÀÄvÁÛgÉ. CzÀgÀAvÀÉ ¥ÀæªÀiÁt ¥ÀvÀæzÀ eÉÆvÉ ºÁdgÀÄ¥Àr¹zÀ UÀÄgÀÄw£À aÃn ºÁUÀÆ zÁR¯ÉUÀ¼À£ÀÄß ¥Àj²Ã°¹ 1£Éà DgÉÆæAiÀÄ£ÀÄß «ZÁgÀuÉ ªÀiÁrzÁUÀ CªÀgÀ ºÀɸÀgÀÄ ¥ÀÅlÖ¸Áé«ÄUËqÀ JAzÀÄ w½¹gÀÄvÁÛgÉ.
13. P.W.9 Gopi is cross-examined by the learned counsel for accused No.1, but no2 CC (investigation by CBI)thing has been elicited to disbelieve his say as stated above to the efect that the accused No.1 brought documents and stated that he is C.C.No.32309/2018 10 Puttaswamy Gowda. So from the evidence of P.W.9 it is clear that accused No.1 stated that he is Puttaswamy Gowda and as per the instruction given by accused No.1, he has prepared afdavits.
14. I have perused the afdavits fled by the accused No.1 before II ACMM which have been marked as Exs.P2 to P6. In Ex.P2 to P6 photo of deponent is afxed. The accused No.1 is the person who seen in that photo and name of deponent in the afdavit is shown as Puttaswamy Gowda son of Dase Gowda, where as the real name of accused No.1 is Shivaraju. Ex.P9 is xerox certifed copy of Aadhaar card which is the basis for P.W.9 Gopi to say the identify the accused No.1 as Puttaswamy Gowda. I have verifed the original Aadhaar card with ExP.9. The photos are identical as that of accused No.1. So it is very clear that the accused No.1 has created Aadhaar card in the name of Puttaswamy Gowda though he is not Puttaswamy Gowda. So it is clear from the oral and documentary evidence that accused C.C.No.32309/2018 11 No.1 has forged / created aadhar card for standing surety as Puttaswamy Gowda.
15. The ofcials of Court i.e. P.W.1 Shashikumar and P.W.2 Pushpa have deposed regarding presentation of afdavit by the accused No.1 before II ACMM for release of accused Abuzar Ali in the cases pending before the said court. So, it is clear that the accused No.1 Shivaraj, to deceive the court to accept his surety, pretended himself as Puttaswamy Gowda and produce forged and created documents. The evidence of P.W.9 Gopi, P.W.1- Shashikumar and P.W.2- Pushpa who are the Advocate and ofcials of the court inspires the confdence of the court to the efect that the accused No.1 is the person who has created all these documents to stand as surety. The act of the accused No.1 constitute ofence of cheating by personation and he has used forged and false documents for the purpose of cheating. The accused No.1 has also crated forged Aadhaar card of Puttaswamy Gowda who is not at all C.C.No.32309/2018 12 residing in the address stated in the said Aadhaar card. So from the evidence of P.W.9 Gopi, P.W.1- Shashikumar and P.W.2- Pushpa, it is clear that the accused No.1 is the person who has presented the afdavit marked at Exs.P2 to P6 before II ACMM though he is not Puttaswamy Gowda. I fnd no force in the arguments advanced on behalf of the accused No.1 that the prosecution has failed to prove the guilt of the accused beyond reasonable doubt. Therefore, I am of the opinion that prosecution is able to demonstrate that the accused has forged, created false documents for the purpose of cheating by pretending himself as Puttaswamy Gowda.
16. In this case the accused No.2 is arrived as one of the facilitator and conspirator who is involved in the similar case in Mandya courts. However, no witnesses have spoken regarding the involvement of accused No.2 in this case. Even P.W.9 Gopi has also not stated that the accused No.2 came along with accused No.1 and gave documents for preparing afdavits. This C.C.No.32309/2018 13 being the case I fnd no evidence either oral or documentary against the accused No.2 to connect him in the alleged crime. However, both oral and documentary shows that accused No.1 has committed an ofence punishable under Sections 419, 420, 465 and 468 of IPC. Therefore, I answer point Nos.1 to 4 partly in the afrmative.
Point No.5 :-
17. In view of discussion and conclusion arrived at point Nos.1 and 2, accused No.1 has to be convicted and accused No.2 is entitled to be acquitted. Hence I proceed to pass following:
ORDER Acting under Section 248(2) of Cr.P.C. the accused No.1 is convicted for the ofence punishable under Sections 419, 420, 465 and 468 of IPC.
Acting under Section 248(1) of Cr.P.C. the accused No.2 is acquitted for the ofences punishable under Sections 419, C.C.No.32309/2018 14 420, 465 and 468 r/w Section 34 of IPC.
The bail bond and surety bond of the accused No.1 and 2 stands canceled.
Sentence will be passed after
hearing both accused and
prosecution.
(Dictated to the stenographer, transcribed by her, revised and then corrected by me and then pronounced in open court on this the 16th day of January 2021).
(Bhat Manjunath Narayan) I Addl. CMM., Bengaluru.
C.C.No.32309/2018 15 ORDER ON SENTENCE Heard Advocate appearing for the accused No.1 and learned Senior Assistant Public Prosecutor on sentence. Advocate appearing for the accused No.1 has argued that the accused is an old aged person and he is the only earning member of the family. If the accused No.1 is severely punished then the accused as well as his family members will be put to hardship and loss. As there are dependents upon the accused the Advocate appearing for the accused No.1 has prayed the accused be released under Prohibition of Ofenders Act.
The learned Senior Assistant Public Prosecutor has contended that the accused No.1 is not entitled to be released under Prohibition of Ofenders Act as crime committed by the accused is serious in nature and ofence committed by the accused are punishable with imprisonment which may be extend to 7 years. Therefore, it is argued on behalf of the State that looking into the nature of ofence accused No.1 be punished with maximum period of sentence.
C.C.No.32309/2018 16 This Court has came to a conclusion that the accused No.1 has committed ofence punishable under section 419,420, 465 and 468 of IPC. Ofence of cheating & forgery are punishable with imprisonment for a period of 7 years and fne. If the accused No.1 is released under Prohibition of Ofenders Act wrong signal will go to the society at large. So, in my opinion the accused No.1 is not entitled for the beneft under Prohibition of Ofenders Act. As far as quantum of sentence is concerned looking into the age of the accused in my opinion a leniency can be shown while imposing punishment of imprisonment. Hence I pass following :
ORDER Acting under section 248(2) Cr.P.C. the accused No.1 is sentenced to under go simple imprisonment for a period of 03 (three) months each for the ofence punishable under section 419, 420, 465 and 468 of I.P.C.
Further the accused No.1 is sentenced to pay total fne of Rs.5,000/- (fve thousand) and in default to under go simple imprisonment for one month.
It is further order that the sentence shall run concurrently.
C.C.No.32309/2018 17 Ofce is directed to furnish free copy of the judgment to accused No.1 immediately.
(Dictated to the stenographer, transcribed by her, revised and then corrected by me and then pronounced in open court on this the 16th day of January 2021).
(Bhat Manjunath Narayan) I Addl. CMM., Bengaluru.
ANNEXURE List of witnesses examined for prosecution:-
P.W.1, Shashikumar, P.W.2, Smt.Pushpa, P.W.3, Smt.Shilpa, P.W.4, Rangaswamy, P.W.5, H.Venkatesh, P.W.6, Niranjan K.S., P.W.7, Surachar, P.W.8, Gangadhar G. P.W.9, Gopi;
List of exhibits marked for prosecution:-
Ex.P1, Complaint,
Ex.P1(a), Signature of P.W.1,
Ex.P2 to
Ex.P6, Notarised copies of surety afdavits,
Ex.P7, Notarised copy of RTC extract,
Ex.P8, Notarised copy of Mutation register
extract,
Ex.P9, Notarised copy of Aadhaar card,
Ex.P10, Covering letter,
C.C.No.32309/2018
18
Ex.P10(a), Signature of P.W.2
Ex.P11, Portion of statement of P.W.3,
Ex.P12, MCR,
Ex.P12(a), Signature of P.W.4,
Ex.P13, Report,
Ex.P13(a), Signature of P.W.5,
Ex.P14, Requisition,
Ex.P15 to
Ex.P32, Documents pertaining to Crime
No.247/2017 and covering letter, Ex.P15(a) to Ex.P32(a), Signatures of P.W.6, Ex.P33, FIR, Ex.P33(a), Signature of P.W.7, Ex.P34 & Ex.P35, Sworn statements of accused Nos.1 & 2, Ex.P36, Report, Ex.P36(a), Signature of P.W.8;
List of material object: NIL List of documents marked for defence:-
NIL List of documents marked for defence:-
NIL (Bhat Manjunath Narayan) I Addl. CMM., Bengaluru.
C.C.No.32309/2018 19 16-1-2021 State by Sr.APP Accused Nos.1 & 2 C/B For Judgment (Judgment pronounced in the Open Court) ORDER Acting under Section 248(2) of Cr.P.C. the accused No.1 is convicted for the ofence punishable under Sections 419, 420, 465 and 468 of IPC.
Acting under Section 248(1) of Cr.P.C. the accused No.2 is acquitted for the ofences punishable under Sections 419, 420, 465 and 468 r/w Section 34 of IPC.
The bail bond and surety bond of the accused No.1 and 2 stands canceled.
Sentence will be passed after
hearing both accused and
prosecution.
(Bhat Manjunath Narayan)
1st Addl. CMM., Bengaluru.
C.C.No.32309/2018
20
C.C.No.32309/2018
21