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.13030/2015
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.13030/2015
JUDGMENT AS PER SEC. 355 Cr.P.C.
1. Serial number of the case : CC No.13030 /2015
2. Date of the commission of
the offence : 6.1.2014 to 18.01.2014
3. The name of the complainant :Sri Rajashekar Balappa
Balaraddi
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
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CC No.13030/2015
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 and with the help of substitute mother. Further the
accused No.1 with an intention to cheat CW.1 Rajashekar and
CW.2 Smt. Vijayalakshmi 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 CWs.1 and 2, conducted different medical
examinations and received Rs.1,00,000/- for the said
examinations and medicines from the complainant and CW.2, and
falsely assured that they will get child 100% through IVF
treatment, and made believe them to deposit Rs.3,00,000/- for
IVF substitute mother treatment, and 6.1.2014 received
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CC No.13030/2015
Rs.3,00,000/- from CWs.1 and 2, and issued a receipt for
Rs.1,50,000/-, as donation given to the Shrusti Medicare and
Research Foundation and issued a receipt for Rs.1,50,000/- for
treatment in the name of Base Fertility, misused the amount of
CWs.1 and 2 and cheated them without providing IVF treatment,
without solving the infertility to CW.2 and without returning the
amount to the complainant and CW.2. 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
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CC No.13030/2015
charge for the aforesaid offence against them. The same read
over and explained to the accused person in the language known
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 and with the help of substitute mother.
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CC No.13030/2015
Further the accused No.1 with an intention to cheat
CW.1 Rajashekar and CW.2 Smt. Vijayalakshmi
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 CWs.1 and 2, conducted different
medical examinations and received Rs.1,00,000/-
for the said examinations and medicines from the
complainant and CW.2, and falsely assured that
they will get child 100% through IVF treatment, and
made believe them to deposit Rs.3,00,000/- for IVF
substitute mother treatment, and 6.1.2014 received
Rs.3,00,000/- from CWs.1 and 2, and issued a
receipt for Rs.1,50,000/-, as donation given to the
Shrusti Medicare and Research Foundation and
issued a receipt for Rs.1,50,000/- for treatment in
the name of Base Fertility, misused the amount of
CWs.1 and 2 and cheated them without providing
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CC No.13030/2015
IVF treatment, without solving the infertility to
CW.2 and without returning the amount to the
complainant and CW.2. 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 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-Rajashekar B Balareddy, on
6.11.2014 at about 11.45 a.m.. Thereafter, the then SHO of
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CC No.13030/2015
Kamakshipalya P.S., has got registered the case, submitted FIR to
the Court, visited the spot and conducted Ex.P2 spot mahazar on
6.11.2014 in the presence of the complainant and other two
panch witnesses in between 12.45 p.m. to 1.30 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
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CC No.13030/2015
which is capable of being converted into
a valuable security.
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 he knows the accused persons,
about two years back, he took treatment for infertility in the
diagnostic center of accused, and he has not been cheated from
the institution of accused, and because of angry with the accused,
he lodged complaint against the accused. He has further deposed
before the Court that he did not know the contents of the
documents marked at Ex.P-1 and P-2 and now he compromised
the case with the accused. PW-1 has further deposed that he did
not know that for when, where and for what reason he put his
signature on the documents that are marked as Ex.P-1 and P-2.
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CC No.13030/2015
The evidence of PW.1 is not in accordance with Ex.P-1 Complaint
and Ex.P-2 Mahazar.
8.PW.2 is the wife of PW.1 she has also deposed that he
knows the accused persons, two years back She and her husband
took treatment for infertility, the accused persons have not
cheated them, she didn't know filing of the complaint by her
husband, because of angry with the accused persons, and she
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
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evidence of PWs.1 and 2 did not disclose that the accused
persons have committed the offences as alleged 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.13030/2015 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 : Rajashekar PW.2 : Smt. Vijayalakshmi
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P. 1 : Complaint dtd., 06.11.2014 Ex.P. 2 : Mahazar dtd., 06.11.2014 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.13030/2015 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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