Bangalore District Court
State By Kamakshipalya P.S vs Kt Gurumurthy on 7 June, 2016
IN THE COURT OF THE V ADDL. C.M.M., BENGALURU CITY
Dated this the 7th day of June 2016.
Present:
Sri A. Somashekara, B.A.L., L.L.M.,
V Addl., C.M.M., Bengaluru City.
CC No.13026/2015
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.
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CC No.13026/2015
4.Meenakshi YG
D/0 YC Gangadharaiah, 34 Yrs.,
R/a No.940, Shanimahathma Temple
Road, Viyanandanagar, Nandini Layout,
Bangalore City.
(Rep. by..................., Adv.,)
JUDGMENT AS PER SEC. 355 Cr.P.C.
1. Serial number of the case : CC No.13026/2015
2. Date of the commission of
the offence : 1.7.2013 to 29.10.2013
3. The name of the complainant : Sri Pushpalatha Purushotham
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 : 07.06.2016
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CC No.13026/2015
THE BRIEF REASONS FOR FINAL ORDER:
The prosecution's case in brief is that the accused No.1
without having any permission from the Health Department
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, and provoked the
publics to solve 100% infertility through IVF treatment. Further
with an intention to cheat CW.1 Smt. Pushpalatha gave false
publication, without displaying the board showing the expenses 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 qualified Doctor, made
believe that as doctor, and examined CW.1 through different
medical examinations, received Rs.99,500/- for the said
examinations and Medicines, and falsely assured her that he will
get children through IVF treatment. Further the accused No.1
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CC No.13026/2015
made believe the complainant to deposit Rs.3,50,000/- for IVF
treatment, and on 21.10.2013 received Rs.2,00,000/- and on
29.10.2013 received Rs.1,50,000/- from Complainant, and issued
a receipt for Rs.3,00,000/- as donation given to the Shrusti
Medicare and Research Foundation, and issued receipt for
Rs.50,000/- as Base Fertility Center for IVF, misutilized the
amount of CW.1, and cheated her without providing IVF
treatment, without solving the infertility and without returning the
amount. Further accused No.1 to 4 abused and put threat to the
life of CW.1, when she 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
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CC No.13026/2015
to accused persons as per Sec. 207 of Cr.P.C., With no objection
from the Counsel for the accused persons, this Court framed
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, as PWs.1, and it has got marked two documents
as Ex.P-1 and P-2. 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 from the Health Department
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, and provoked the
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CC No.13026/2015
publics to solve 100% infertility through IVF
treatment. Further with an intention to cheat CW.1
Smt. Pushpalatha gave false publication, without
displaying the board showing the expenses 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 qualified
Doctor, made believe that as doctor, and examined
CW.1 through different medical examinations,
received Rs.99,500/- for the said examinations and
Medicines, and falsely assured her that he will get
children through IVF treatment. Further the
accused No.1 made believe the complainant to
deposit Rs.3,50,000/- for IVF treatment, and on
21.10.2013 received Rs.2,00,000/- and on
29.10.2013 received Rs.1,50,000/- from
Complainant, and issued a receipt for Rs.3,00,000/-
as donation given to the Shrusti Medicare and
Research Foundation, and issued receipt for
Rs.50,000/- as Base Fertility Center for IVF,
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CC No.13026/2015
misutilized the amount of CW.1, and cheated her
without providing IVF treatment, without solving
the infertility and without returning the amount.
Further accused No.1 to 4 abused and put threat to
the life of CW.1, when she 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 then SHO of Kamakshipalya P.S., Bangalore
by the complainant-Smt. Pusppalatha Purushotham, on
15.10.2014 at about 11.30 a.m. Thereafter, the then SHO of
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CC No.13026/2015
Kamakshipalya P.S., has got registered the case, submitted FIR to
the Court, visited the spot and conducted Ex.P2 spot mahazar on
17.10.2014 in the presence of the complainant and other two
panch witnesses in between 17.00 to 17.30 hours Shrusti Global
and Diagnostic Pvt., Ltd., at 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.13026/2015
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 she knows the accused persons,
about two years back, she obtained treatment for infertility, and
she has not been cheated by the institution of accused persons,
and because of angry with the accused persons, she lodged
complaint against the accused persons. She has further deposed
before the Court that she did not know the contents of the
documents marked at Ex.P-1 and P-2 and now she compromised
the case with the accused. PW-1 has further deposed that she
did not know that for when, where and for what reason she put
her signature on the documents that are marked as Ex.P-1 and P-
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CC No.13026/2015
2. The evidence of PW.1 is not in accordance with Ex.P-1
Complaint and Ex.P-2 Mahazar.
8.PW.1 is treated as hostile witness at the request of the
prosecution. She was 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 PW.1 that recorded
during the course of her cross-examination. Further PW.1 has
admitted in her cross-examination that she had received the
amount through DD from the accused in two installments, which
she paid to the accused, and now she is not interested to
prosecute the case against the accused, as she had compromised
the matter with the accused. The said evidence of PW.1 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
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CC No.13026/2015
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 4 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 Judge Sign 12 CC No.13026/2015 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 7th 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 : Smt. Pushpalatha
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P. 1 : Complaint dtd., 15.10.2014 Ex.P. 2 : Mahazar dtd., 17.10.2014.
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.13026/2015 07.06.2016 State by Sr. APP Case called. A1 to A4 Pt., /Abt., A1 to A4 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 4 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.
Judge Sign