Bangalore District Court
State By vs Manjupujappa S/O.Pujappa on 10 May, 2018
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 10th day of May 2018
PRESENT: Sri.NAGESH MURTHY.B.K
B.A., LL.M.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.51676/2014
Complainant - State by, Police Sub Inspector
R.M.Nagar Police Station
/vs/
Accused 1. Manjupujappa S/o.Pujappa, 27 yrs.
2. Smt.Umavathi W/o.Manjupujappa, 24
yrs.
Both r/o.No.9, Manjunatha Nilaya,
Ramaiah Garden, 3rd Cross,
Sir.M.V.Nagar, R.M.Nagar, Bengaluru.
JUDGMENT
1. The P.S.I of R.M.Nagar police station have filed this chargesheet against the accused Nos.1 and 2 for the offences punishable u/S.417, 420, 198 of IPC.
2. It is alleged by the prosecution that the accused Nos.1 and 2 on 8/2/2013 approached the office of the Australian High Commission and filed application for grant of Tourist Visa and in the application disclosed their business address as No.9, Manjunatha Nilaya, Ramaiah 2 CC No.51676/2014 Garden, 3rd Cross, Sir M.V.Nagar, R.M.Nagar and furnished documents to that effect and on verification it was found that the said address was fake and accused had intentionally disclosed and furnished false proof of address with an intention to cheat the Australian High Commission and obtained Visa on fake documents and furnished fake and false documents purporting to be their business address knowing fully well that same are false documents and thereby committed the alleged offences.
3. On the basis of the complaint filed by complainant, a case was registered in R.M.Nagar P.S., Cr.No.103/2013 and FIR was submitted to the court. Panchanama of scene of offence was conducted in presence of panchas. Statement of witnesses were recorded. On completion of investigation chargesheet has been filed against the accused for the alleged offences.
4. Cognizance of offences was taken and summons was issued to the accused persons. Accused Nos.1 and 2 have appeared before the court through their counsel and have been released on bail. Copies of chargesheet were furnished to accused u/S.207 of Cr.P.C. After hearing, charge was framed against the accused for the alleged offences and accused have pleaded not guilty and claimed to be tried. 3 CC No.51676/2014
5. The prosecution in support of its case has examined 4 witnesses as PWs.1 to 4 and got marked 28 documents as Exs.P1 to P28. Statements of accused u/S.313 of Cr.P.C. were recorded and the accused have denied the circumstances incriminating them in the evidence.
6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records.
7. The points for consideration is:
1. Whether the prosecution proves beyond doubt that the accused Nos.1 and 2 on 8/2/2013 approached the office of the Australian High Commission and filed application for grant of Tourist Visa and in the application disclosed their business address as No.9, Manjunatha Nilaya, Ramaiah Garden, 3rd Cross, Sir M.V.Nagar, R.M.Nagar and furnished documents to that effect and on verification it was found that the said address was fake and accused had intentionally disclosed and furnished false proof of address with an intention to cheat the Australian High Commission and obtained Visa on fake documents and furnished fake and false documents purporting to be their business address knowing fully well that same are false documents and thereby committed the alleged offences?
2. What order?
8. My answer on the above points:
Point No.1 - Negative, 4 CC No.51676/2014 Point No.2 - As per final order, for the following;
REASONS
9. POINT NO.1:
The prosecution in support of its case has examined four witnesses. PW.1 A.Narayan, ASI in his evidence deposed that on 11/3/2013 when he was the SHO received complaint from Somashekar Reddy, PC and as per the direction of P.I. Ramesh registered the same in Cr.No.103/2013 and sent FIR to the court.
Along with complaint he has also received a Memo issued by Commissioner Office, requisition letter, copy of VISA, passport copy, firm registration copy, Import and Export copy and other documents and accordingly recorded the statements regarding registering the complaint against accused persons and handing over the documents to the I.O. for further investigation and also given statement before the I.O.
10. PW.2 Somashekar Reddy is the PC deposed that on 8/3/2013 he was deputed for Tappal duty, received a sealed cover from the office of the Commissioner, handed over the same to the Police Inspector Srinivas. After verification of seal, higher officer 5 CC No.51676/2014 directed the same to CW.3 ASI Narayana, who has registered the complaint. In this regard he has given statement before the I.O.
11. PW.3 Nagaraj, PSI deposed that he took up further investigation from CW.3. On 12/3/2013 they went to address of accused and conducted mahazar, recorded further statement of CW.1, collected documents from the office of Commissioner and on completion of investigation filed chargesheet before the court.
12. PW.4 Ramakrishna, is the P.I. City Special Branch, Commissioner of Police Office deposed that on 7/3/2013 he received a typed letter given by the complainant at the Commissioner Office and the Commissioner instructed him to send the letter along with Memo with documents to the SHO, R.M.Nagar police station. Along with Memo he received documents marked at Exs.P8 to 28 and the Memo was issued by me for the purpose of registering the case against the accused.
13. In this case PWs.1 to 4 who are the I.O. and police witnesses have supported the case of the prosecution. PW.1 A.Narayan is the ASI who has registered the case. In his cross examination it is elicited that he has received three complaints at a time and he has not submitted documents. During the course of cross 6 CC No.51676/2014 examination of PW.2 who is the police constable who has received sealed cover Tappal from the office of the Commissioner and handed over the sealed cover to the Police Inspector it is elicited that he had never been to scene of occurrence. In the course of cross examination of PW.3 Nagaraj who is the I.O. filed chargesheet it is elicited that at the time of collecting documents he has not prepared any mahazar. During the course of cross examination of PW.4 Ramakrishna, who is the police Inspector, City Special Branch denied the suggestion that they have registered a false case against the accused. The allegation against the accused is that by furnishing false business address the accused persons have obtained Visa. But the complainant and the witnesses to the spot mahazar are not examined before the court. No seizure mahazar has been prepared at the time of collecting documents pertaining to false address furnished by the accused persons. Thus on the available evidence on record, a doubt arises as to the case of the prosecution and the benefit of doubt has to be given to the accused. Hence, I hold that prosecution failed to bring home the guilt of the accused beyond all reasonable doubt. Accordingly, I answer Point No.1 in the Negative.
7 CC No.51676/2014
14. POINT NO.2:
For the afore said reasons, I pass the following;
ORDER U/s 248(1) of Cr.P.C. the accused Nos. 1 and 2 are acquitted of the alleged offences punishable u/s 417, 420 and 198 of IPC. Bail bonds of accused stand cancelled and they are set at liberty. (Dictated to the Steno, transcribed by him, same was corrected by me and then pronounced in open court on this the 10th day of May 2018).
(NAGESH MURTHY.B.K)
X A.C.M.M., BENGALURU
ANNEXURE
LIST OF WITNESSES EXAMINED
Prosecution Defence
PW.1 A.Narayan Nil
PW.2 Somashekar Reddy
PW.3 Nagaraj
PW.4 Ramakrishna.
Exhibits Marked
Ex.P1 Memo.
Ex.P1(a)Signature of PW.1.
Ex.P2 Complaint/Requisition
Ex.P3 FIR.
Ex.P3(a)Signature of PW.1.
Ex.P4 Visa application form of A.1
Manjupujappa.
Ex.P5 Visa application form of A.2 Umavathi. Ex.P6 Visa application of Arjun Raj. Ex.P7 Certified copy of Registration Certificate. Ex.P8 Copy of certificate of Importer and Exported code.8 CC No.51676/2014
Annexure contd...
Ex.P9 Letter to request grant of tourist Visa to Australia to Australian Consulate. Exs.P4(a) to P9(a) Signature of PW.3.
Ex.P10 Mahazar.
Ex.P10(a)Signature of PW.3.
Ex.P11 Certified copy of passport of A.2. Ex.P11(a)Signature of PW.3.
Ex.P12 Certified copy of passport of A.1. Ex.P12(a)Signature of PW.3.
Exs.P13
& 13(a)
To Certified copy of Visa of eight
Exs.P28 countries of A.1 and A.2 and
& 28(a) Signature of PW.3.
Material Objects got marked
-Nil-
X A.C.M.M., Bengaluru.
9 CC No.51676/2014