Bangalore District Court
B.N.Srinivas -Pi vs Jayakumar on 12 November, 2025
C.C.No.7049/2015
KABC030191542015
IN THE COURT OF THE II ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, BENGALURU CITY
Dated this 12th day of November 2025
PRESENT : SRI.SAHEEL AHMED S. KUNNIBHAVI, B.Com., LL.B.
(Spl.)
II Additional Chief Judicial Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.7049/2015 Date of commission of the
2. 25.11.2014 to 27.11.2014 offence (As per F.I.R.) Jayanagar Police Station,
3. Name of the complainant Bengaluru City
4. Name of the accused 1. Jayakumar. (Split-Up)
2. Raja @ Rajan. (Split-Up)
3. Altaf @ Sheik Altaf.
(Split-Up)
4. Srinivas @ Srinivasrao N. (Split-Up)
5. Srinivasulu, S/o Naga Lakshmaiah, Aged about 46 years, R/at No.6/86, Panam 2 C.C.No.7049/2015 Village and Mandal, Nandyala Taluk, Karnulu District, Andhra Pradesh.
6. Sharavana. (Split-Up) Sections 120(B), 420 and 511 The offences complained
5. R/w Section 34 of the Indian of Penal Code
6. Plea of the accused Pleaded not guilty
7. Final order Accused No.5 is acquitted
8. Date of order 12.11.2025 The Sub-Inspector of Police of Jayanagar Police Station, Bengaluru has filed Police Report against the accused alleging that he has committed the offences punishable under Sections 120(B), 420 and 511 R/w Section 34 of the Indian Penal Code.
2. It is the case of the Prosecution that the informant CW1 Ravi Kiran had been to the Police Station and lodged the information that on 25.11.2014 his friend by name Naveen called him to the Indraprastha Hotel situated at Jayanagara, Bengaluru. He had been to the said place at about 1.30 p.m. 3 C.C.No.7049/2015 This Naveen has introduced one Mr.Rajan, resident of Pondicherry to him. The said Rajan told them that there are many Trust situated in South India in different places having Rs.30,000/- Crores of black money. If they have any contact with any Trustees at Bengaluru, convert this black money and return only 75%. 15% will be for the Trust and 10% commission has to be reserved for him. He promised to give 5% commission for the said exchange. The informant asked Naveen how he came in contact with Rajan? He said that he is not aware, but however they have personally called him to his Cell phone and asked him to come to the said Hotel. He asked Mr.Rajan to furnish the documents in respect of the said Trust. But however, he has not produced any documents. The informant on suspecting that he is planning to cheat the pubic had been to the Police Station and lodged the information against this Rajan and also informed the Police that this Rajan will be present at about 11.30 a.m. at Pavithra Hotel situated at Jayanagara. Based on the information the crime was registered against the accused. 4 C.C.No.7049/2015
3. Based on the First Information of CW1, the crime was registered in Crime No.352/2014 at Jayanagar Police Station. The accused was arrested and released on bail. On completion of the investigation, the Sub-Inspector of Police of Jayanagar Police Station, Bengaluru filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 120(B), 420 and 511 R/w Section 34 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused persons. Thereafter accused No.1 to 4 and 6 were absconding. Hence, the case against accused No.1 to 4 and 6 was ordered to split up as per order dated 16.01.2024. The copies of the Police Report and other prosecution papers are furnished to accused No.5 under Section 207 of Cr.P.C. After hearing, since there were grounds for presuming that the accused No.5 has committed the offences triable by this Court, charges for the offences has been framed and read over to him in Kannada language. He has pleaded not guilty and claims to be tried.
5 C.C.No.7049/2015
4. To prove the charges framed against accused No.5, the Prosecution has produced the oral evidences of PW1 and documentary evidence as per Ex.P1. After completion of the prosecution evidences, for the purpose of enabling the accused No.5 personally to explain any circumstances appearing in the evidences of the Prosecution against him, examined him under Section 313 of Cr.P.C. He has submitted that he has no defense evidence.
5. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for the accused No.5. Perused the materials available on record.
6. The points for determination are;
1. Whether prosecution has proved beyond all reasonable doubts that the accused No.5 has committed the offences punishable under Sections 120(B), 420 and 511 R/w Section 34 of the Indian Penal Code?
2. What order or sentence?
7. My answers to the above points are as follows: 6 C.C.No.7049/2015
Point No.1 : In the Negative,
Point No.2 : As per final order for the following:-
REASONS
8. POINT No.1 :- It is the case of the Prosecution that accused No.2 along with other accused were trying to cheat the public by inducing them to exchange the black money into white.
9. the Investigation Officer CW10 soon after the information dated 27.11.2014 had been to the Pavithra Hotel along with the official staff and pancha witnesses. The Investigation Officer personally had been to the Rajan accused No.2 and also accused No.1 pretending as an Agent and told them that he is having a Trust and ready to exchange the black money into white. In the said Hotel along with accused No.2 along with the split up accused No.1, 3 to 6 were also present. They told to the Investigation Officer that they are having Rs.30,000/- crores and ready to give 25% commission if they exchange this black money into white. They have demanded processing fees and other expenses. The 7 C.C.No.7049/2015 Investigation Officer has confirmed that they are planning to cheat the public and along with the Police Official they have caught hold of the accused and seized several documents. During the course of investigation, the Investigation Officer has recorded their statement wherein they have told that they don't have any black money and trying to cheat the public by taking the money in the name of processing fees and in the name of other expenses. After due investigation the Final Report was submitted against the accused persons.
10. To prove the guilt of the accused, the Prosecution has examined CW4/PW1 by name Mr.Rajan H.M., who is an PSI of CCB, Bengaluru who has deposed about the registration of the FIR and the part of the investigation conducted by him.
11. During the course of arguments, the learned Counsel for the accused has argued that the false case was registered against the accused. The accused are belongs to respectable family. On the words of the informant this false case was registered against this accused. the Prosecution has examined only witness CW4. Even the Prosecution has not 8 C.C.No.7049/2015 produced any documents in support of their claim to show that the Investigation Officer has seized huge documents as per the PF. All the documents produced are xerox and this Court has also not marked those documents. The matter is pending since 2014 and even the Prosecution has not examined CW1 before the Court. The accused is regular to the Court and even after lapse of 10 years, the Prosecution out of 10 witnesses is able to examine CW4. The Prosecution even has not examined CW10 who has investigated the matter. This Court has issued proclamation, NBW and even the letter was issued to the Police Commissioner. But, the Prosecution has examined only one witness who done part of the investigation. The Investigation Officer even has not produced any properties seized before this Court. Absolutely there is no evidence available before this Court to prove the guilt of the accused beyond all reasonable doubts. Hence, I answer Point No.1 in the Negative.
12. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused No.5 for 9 C.C.No.7049/2015 the said offences beyond all reasonable doubts. Therefore, the accused No.5 is not found guilty for the offences punishable under Sections 120(B), 420 and 511 R/w Section 34 of the Indian Penal Code. In the result, I proceed to pass the following:-
ORDERS Under Section 248(1) of Cr.P.C, the accused No.5 is hereby acquitted for the offences punishable under Sections 120(B), 420 and 511 R/w Section 34 of the Indian Penal Code.
His bail bond and surety bond will be canceled after appeal period.
Office is hereby directed to keep the entire file with Split up Criminal Case of accused No.1 to 4 and 6.
(Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 12.11.2025) (SAHEEL AHMED.S.KUNNIBHAVI) II Addl. Chief Judicial Magistrate, Bengaluru City.
10 C.C.No.7049/2015ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Rajanna H.M. Documents marked on behalf of Prosecution :-
Ex.P1 : Seizure Mahazar, Ex.P1(a) : Signature.
Material objects marked on behalf of Prosecution :-
NIL Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL II ACJM, Bengaluru City.