Bangalore District Court
Anand Kabburi Pi vs Vinay Angadi on 4 January, 2024
C.C.19698/2016
KABC030534432016
IN THE COURT OF XXXIX ADDL.C.M.M., BENGALURU
PRESENT : Sri. Vijeth. V., B.A.L., LL.B.,
39th A.C.M.M., Bengaluru.
CRIMINAL CASE NO: 19698/2016
DATED THIS THE 04TH DAY OF JANUARY 2024
BETWEEN :
COMPLAINANT : The State by,
Rajajinagar Police Station
(By learned APP)
accused No.1 : 1. Vinay Angadi,
to 3 S/o Mahabaleshwar,
Aged about 29 years,
R/at No.22, 14th B Main,
8th E Cross, R.P.C. Layout,
Vijayanagar, Bangalore.
2. Harish Kumar K. N.,
S/o Narayanaswamy,
Aged about 27 years,
R/at No.56, 1st D Cross,
Satyanarayana Layout,
Basaveshwaranagar,
Bangalore.
3. Shrinatha, S/o Krishnamurthy,
Aged about 40 years,
R/at No.285, 12th Main,
21st Cross, Sector -HSR Layout,
Bangalore.
[Rep. by- Sri. Kantharaju L. Advocate]
2
C.C.19698/2016
1. Date of offences : 15-05-2015
2. Date of report : 13.04.2016
3. Name of the complainant : Sri. Anand
4. Date of recording evidence : 16.05.2022
5. Date of closure of evidence : 25.05.2023
6. offences alleged : U/Sec.468, 471, 420 r/w
Sec.34 of IPC
7. Opinion of the judge : Acquittal
(Vijeth .V)
XXXIX ACMM, Bengaluru.
: JUDGEMENT :
The PSI, Rajajinagar Police Station has submitted the present charge sheet against the accused No.1 to 3for the offences punishable U/Sec 468, 471, 420 r/w Sec.34 of IPC.
2. The brief facts of the prosecution case is as follows:
That the accused No.1 started B practical solution Pvt. Ltd. Apptime Info Services Pvt. Ltd. Company along with accused No.1 and 2 and they used to issue false experience certificate, appoint letters, pay slips and they used to charge Rs.15,000/- to Rs.25,000/- for experience certificate and they have issued a 3 C.C.19698/2016 false experience certificate to Cw5 by receiving Rs.25,000/-. As such complaint has been lodged against accused No.1 to 3.
3. A Case is registered in Rajajinagar Police Station as Crime No.130/2015 for the offence punishable under Section 468, 120B, 420 of IPC. After completion of investigation charge sheet has been filed against the accused No.1 to 3for the offences punishable under Sec.468, 471, 420 r/w Sec.34 of IPC and this court has taken cognizance for the above said offences.
4. The accused No.1 to 3appeared through their counsel and they have been enlarged on bail. Prosecution papers were furnished to accused No.1 to 3 as required under Section 207 of Criminal Procedure Code. Heard both sides, charge has been framed, read over and explained the contents to accused No.1 to 3 in the language known to them, wherein the accused No.1 to 3 pleaded not guilty and claims to be tried.
5. In order to prove the case of the prosecution, it has examined 05 witnesses as PW-1 to PW-5 and got marked Ex.P- 1 to Ex.P-25 documents. After completion of prosecution evidence statement of accused No.1 to 3 as required under Section 313 of Criminal Procedure Code is recorded, read over and explained to accused No.1 to 3 in the language known to them, wherein the accused No.1 to 3 denied the incriminating 4 C.C.19698/2016 evidence appeared against them but they have not choosen to lead any evidence from their side.
6. Heard arguments and perused the material on record.
7. The following points that arise for my consideration:
1. Whether the prosecution proves beyond all reasonable doubts that the accused No.1 started B practical solution Pvt. Ltd.
Apptime Info Services Pvt. Ltd. Company along with accused No.1 and 2 and they used to issue false experience certificate, appoint letters, pay slips and they used to charge Rs.15,000/- to Rs.25,000/- for experience certificate and they have issued a false experience certificate to Cw5 by receiving Rs.25,000/-, as such they have committed offences punishable U/s.468, 471, 420 r/w Sec.34 of IPC?
2. What order?
8. My answer to the above points are as follows:
Point No.1 : In the Negative Point No.2 : As per the final Order.
for the following:
REASONS
9. Point No.1: It is the case of the prosecution that, the accused No.1 started B. practical solution Pvt. Ltd. Apptime Info Services Pvt. Ltd. Company along with accused No.1 and 2 and 5 C.C.19698/2016 they used to issue false experience certificate, appoint letters, pay slips and they used to charge Rs.15,000/- to Rs.25,000/- for experience certificate and they have issued a false experience certificate to Cw5 by receiving Rs.25,000/-.
10. According to the prosecution Pw2 is the complainant, Pw3 is a witness to seizure panchanama, Pw1 is a witness to seizure panchanama, Pw4 is a accompanying raid witness, Pw5 is the investigating officer who has registered the case, conducted investigation and submitted charge sheet.
11. The prosecution has produced and got marked Ex.P-1 is the seizure panchanama, Ex.P-2 is the complaint, Ex.P-3 to Ex.P-22 are the concocted appointment letter, offer letter, salary slips, experience letters, Ex.P-23 is the photographs, Ex.P-24 nil, Ex.P-25 is the FIR.
12. In support of the case of prosecution it has examined Cw1 - Anand Kabburi examined as PW-2, who deposed before the court that on 15.05.2015 in the afternoon his higher authority informed him regarding issuance of concocted and false documents i.e., appointment letter, experience letter, salary slips reliving letters to the public by receiving amount in Prakash Nagar by accused No.1. As such he was informed to take action. The witness along with Cw4 went 6 C.C.19698/2016 to the spot at 4.00 pm and secured Cw2 and Cw3 as witnesses and conducted raid on the office of accused which is situated at 1st Floor of MRS Tires situated near TVS Showroom of Prakash Nagar where they found accused No.2 and 3 who disclosed that they are issuing duplicate documents to the public by receiving money. They searched the office and seized different letter heads, a laptop, a colour printer and scanner along with five cell phones and drawn panchanama between 04.00 pm to 07.30 pm. Which is marked at Ex.P.1. During enquiry the accused no.2 and 3 disclosed that accused No.1 by name Vinay is the Managing Partner of B. Practical Company and they are the partners and also disclosed that they are doing the said business since four years. The witness along with accused No.2 and 3 and seized articles returned to police station handed over to SHO and lodged complaint as per Ex.P.2. Ex.P.3 to Ex.P.22 are the duplicate appointment letters, offer letters, salary slips, reliving letters and experience letters.
13. Cw2 - Yashik examined as examined as Pw3 deposed before the court that he has seen the accused No.2. He was working in 1st Floor on MRF tire shop in a consultancy office. On 15.05.2015 the police have invited him and another pancha to a panchanama where the accused No.2 have produced some 7 C.C.19698/2016 documents, cell phones, a laptop and a printer and drawn panchanama as per Ex.P.1. But he do not know what are all the documents seized by the police.
In the cross-examination by the prosecution the witness stated that he do not know anything about the concoction of marks cards, appointment letters, experience letters by the accused persons.
14. Cw3 - Praveen examined as Pw1 deposed before the court that he is a signatory to Ex.P.1.
15. Cw4 - Jabeeulla Gudimala examined as Pw4 deposed before the court that on 15.05.2016 when he was in the police station, the police inspector / Cw1 informed him that he has received a mail from higher officers stating that one Vinay is taking Rs.20,000/- to Rs.30,000/- from public by make believing that he will provide jobs. As such Cw1 invited him to raid on the office. On the same at 3.15 pm they went near a TVS show room situated in Dr. Rajkumar Road where Cw1 invited two panchas by name Praveen and Yashik and they conducted raid on B Practical office situated in the 1 st floor where they found accused No.2 Harish and accused No.3 Srinath who disclosed that accused No.1 is concocting appointment orders, salary slips and issuing the same to 8 C.C.19698/2016 unemployed persons for Rs.15,000/- to Rs.20,000/- and they have seized a Sony laptop, two printers, five mobile phones through seizure panchanama marked at Ex.P.1.
In the cross-examination the witness stated that the Cw1 has not issued any written notice before panchanama. He cannot say what are all the documents seized by the Cw1.
16. Cw6 - H. A. Manju examined Pw5 deposed before the court that on 15.05.2015 at 08.00 pm Cw1 came to police station along with seizure panchanama, accused persons and lodged a complaint which is registered as Cr.130/2015 and he has submitted FIR to the court. He has submitted PF No.44/2015 to the court. He has recorded statements of Cw2 to Cw4 on the same day. On 16.05.2015 he has recorded statements of Cw5 and produced accused No.2 and 3 to the court. On 24.06.2015 accused No.1 appeared before him by obtaining anticipatory bail and he has recorded statements of accused No.1. He has released a property shown at Sl.No.8 to 14 and after completion of investigation he has submitted charge sheet.
In the cross-examination nothing worth has been elicited from the mouth of witness except mere suggestion of denial. 9
C.C.19698/2016
17. It is pertinent to note that the prosecution has examined 05 witnesses out of its list of 06 witnesses. As per the case of the prosecution Pw2 is the complainant who deposed before the court that on 15.05.2015 in the afternoon his higher authority informed him regarding issuance of concocted and false documents i.e., appointment letter, experience letter, salary slips reliving letters to the public by receiving amount in Prakash Nagar by accused No.1. As such he was informed to take action. The witness along with Cw4 went to the spot at 4.00 pm and secured Cw2 and Cw3 as witnesses and conducted raid on the office of accused which is situated at 1 st Floor of MRS Tires situated near TVS Showroom of Prakash Nagar where they found accused No.2 and 3 who disclosed that they are issuing duplicate documents to the public by receiving money. They searched the office and seized different letter heads, a laptop, a colour printer and scanner along with five cell phones and drawn panchanama between 04.00 pm to 07.30 pm. Which is marked at Ex.P.1. During enquiry the accused no.2 and 3 disclosed that accused No.1 by name Vinay is the Managing Partner of B. Practical Company and they are the partners and also disclosed that they are doing the said business since four years. The witness along with accused No.2 and 3 and seized 10 C.C.19698/2016 articles returned to police station handed over to SHO and lodged complaint as per Ex.P.2. Ex.P.3 to Ex.P.22 are the duplicate appointment letters, offer letters, salary slips, reliving letters and experience letters. The prosecution has examined Cw2 Yashik who is said to be raid witness who deposed before the court that he has seen the accused No.2. He was working in 1st Floor on MRF tire shop in a consultancy office. On 15.05.2015 the police have invited him and another pancha to a panchanama where the accused No.2 have produced some documents, cell phones, a laptop and a printer and drawn panchanama as per Ex.P.1. But he do not know what are all the documents seized by the police. According to the prosecution Pw4 Jabeeulla is also one of the accompanying raid witness to the incident deposed before the court that on 15.05.2016 when he was in the police station, the police inspector / Cw1 informed him that he has received a mail from higher officers stating that one Vinay is taking Rs.20,000/- to Rs.30,000/- from public by make believing that he will provide jobs. As such Cw1 invited him to raid on the office. On the same at 3.15 pm they went near a TVS show room situated in Dr. Rajkumar Road where Cw1 invited two panchas by name Praveen and Yashik and they conducted raid on B Practical office situated in the 1 st floor 11 C.C.19698/2016 where they found accused No.2 Harish and accused No.3 Srinath who disclosed that accused No.1 is concocting appointment orders, salary slips and issuing the same to unemployed persons for Rs.15,000/- to Rs.20,000/- and they have seized a Sony laptop, two printers, five mobile phones through seizure panchanama marked at Ex.P.1. But it is significant to note that Pw1 and Pw2 have not tendered themselves for cross-examination. As such evidence of Pw1 and Pw2 cannot be considered. Apart from the evidence of Pw1 and Pw2 only independent raid witness is Pw3 Yashik, but he has deposed before the court that he do not know what are the documents seized through seizure panchanama and he has expressed his ignorance regarding the forging and concoction of false document. Even though Pw4 who is said to be a police official who has said to have accompanied Pw2 during raid deposed before the court regarding the raid conducted by them, but he has also stated that he do not have any information about the details of the documents seized by the Pw2. As the complainant has not tendered for cross-examination and as the independent raid witnesses have not supported the case of the prosecution. As such the prosecution failed to prove the guilt of 12 C.C.19698/2016 the accused No.1 to 3beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
18. Point No.2: In view of my findings on Point No.1 in the Negative, I proceed to pass the following:
:ORDER:
Acting under Section 248(1) of Cr.P.C accused No.1 to 3 are hereby acquitted for the offences punishable under Section 468, 471, 420 r/w Sec.34 of IPC.
Their bail bonds and surety bonds stands cancelled.
Interim release of articles if any is made absolute after appeal period is over. (Dictated to the Stenographer directly to the computer, typed by her, corrected and then pronounced by me in the open Court on this 04th Day of January 2023).
(Vijeth .V) XXXIX ACMM, Bengaluru.
ANNEXURE Number of witnesses examined for Prosecution:
Pw1 : Praveena
Pw2 : Anand Kabburi
Pw3 : Yashik
Pw4 : Jabeerulla
Pw5 : Manju H. A.
13
C.C.19698/2016
Number of witnesses examined on behalf of accused:
Nil List of documents exhibited for the Prosecution:
Ex.P-1 : Seizure panchanama, Ex.P-2 : Complaint,
Ex.P-3 to 22: Concocted appointment letter, offer letter, salary slips, experience letters, Ex.P-23 : Photographs, Ex.P-24 : Nil Ex.P-25 : FIR.
List of documents exhibited for Defence :
Nil Material objects Marked:
Nil Digitally signed by VIJETH V VIJETH V Date: 2024.01.06 11:55:37 +0530 (Vijeth .V) XXXIX ACMM, BENGALURU.