Bangalore District Court
Bescom Vigilance, Indiranagar Ps vs A1 Shyamala Reddy on 13 December, 2024
1 Spl.C.No:1313/2021
IN THE COURT OF THE LXX ADDL. CITY CIVIL &
SESSIONS JUDGE & SPECIAL JUDGE, BENGALURU CITY
(CCH-71)
Dated this the 13th day of December, 2024
Present: Sri. Rajesh Karnam.K, B.Sc., LL.B., LL.M.,
LXX Additional City Civil and Sessions Judge and
Special Judge, Bengaluru.
Spl.C. No. 1313/2021
COMPLAINANT:- The State By
BESCOM, Vigilance
Indiranagara P.S.,
Bengaluru.
(Rep.by Special Public Prosecutor)
-V/s-
ACCUSED :- 1. Shyamala Reddy W/o S. G. Reddy aged
77 years, R/o No. 7 and 8, 1 st A Cross,
Cambridge Layout, Halasuru,
Bengaluru.
2. Srinivasa Reddy s/o Late S.G. Reddy,
aged 57 years, R/o No. 7 and 8, 1 st A
Cross, Cambridge Layout, Halasuru,
Bengaluru.
(A1 & 2 Rep.by Sri.SSG., Advocate)
1. Date of commission of : 24-11-2020
offence
2. Date of report of : 24.11.2020
occurrence
3. Date of commencement : 21.06.2024
of recording of
evidence
2 Spl.C.No:1313/2021
4. Date of closing of : 21.06.2024
evidence
5. Name of the : Sri R. M. Yogesh.
Complainant
6. Offences Complained of : U/Secs. 135 and 138 of the
Electricity Act, 2003.
7. Opinion of the : Accused No.1 and 2 found
Judge guilty for the offence
punishable u/sec.135 and 138
of Electricity Act, 2003.
JUDGMENT
The Police Inspector of BESCOM Vigilance, Indiranagar Police Station, Bengaluru has filed the Charge Sheet against the accused for the offence punishable under Sec.135 and 138 of The Electricity Act, 2003.
2. Brief facts of the prosecution case is that;
The complainant alleges that on 24.11.2020, AE, BESCOM Vigilance, Indiranagara has made an inspection along with his officials between 12.20 pm. To 2.10 pm in the premises of accused No.1 and 2 situated at Commercial Complex, Cambridge Road and wherein on obtaining electric connections, for using the commercial electric connections through direct 3 Spl.C.No:1313/2021 connection Meter No.3ETP19055 by obtaining due license and having Sl.No. 11A3AC0488. The complainant enquired wherein found 10 kw power has been taken directly by bypassing the meter in all 15 HP and 4682 Watts power usage made causing loss to the BESCOM. Accordingly, the complainant recorded the same and made complaint to the BESCOM Vigilance. The spot mahazar drawn by the I.O on registering crime. The entire inspection has been recorded and downloaded into Sony CD as per PF 11/2020. I.O took up investigation for the offence punishable U/s 135 and 138 of Electricity Act 2003.
3. On service of the summons, the accused persons have appeared before this court through counsel Sri PNK and got enlarged on regular bail as Crl.Mis.4153/2021, dated 25.05.2021 and Crl.Mis.11000/2021, dated 15.12.2021 is allowed. Accordingly, accused persons on appearance filed bail application U/s 439 of Cr.P.C. Accordingly, bail application allowed on similar conditions. The charge sheet copies were furnished to the accused persons as 4 Spl.C.No:1313/2021 contemplated under Section 207 of Cr.P.C. Heard before the charge. As there was sufficient materials available, charge was framed for the above said offences and read over and explained to the accused persons in vernacular language known to them and the accused pleaded not guilty and claimed to be tried.
4. At trial prosecution to establish the guilt of the accused persons got examined one witness as P.W.1 and got exhibited 3 documents as per Ex.P.1 to Ex.P.3. The memo filed for defense to accept the evidence of PW1 as it is and they are ready to accept the guilt and abide by any of the sentence that may be imposed by this court. Accordingly, Accused No.1 and 2 personally present. Their prayer accepted. The recording of Statement U/s 313 of Cr.P.C. dispensed. The matter as per the provisions of Section 262 of Cr.P.C. R/w 252 of Cr.P.C. the plea of the accused accepted. Accordingly, matter reserved for judgment.
5 Spl.C.No:1313/2021
5. Heard the arguments, perused the materials available on record. The following points would arise for the determination of this Court are as follows;
POINTS
1. Whether the prosecution proves beyond all reasonable doubt that on 24.11.2020 an inspection of AEE, BESCOM Vigilance, Indiranagar police station along with his staff, found that the accused with the dishonest intention have theft of electricity by surpassing meter obtaining direct connection without any authorization and thereby accused No.1 and 2 have committed offence punishable u/s.135(d) of Electricity Act, 2003?
2. Whether the prosecution proves beyond all reasonable doubt the aforesaid date, time and place the on an inspection of raiding party along with his staff found that the accused No.1 and 2 have unauthorizedly drawn power and thereby committed 6 Spl.C.No:1313/2021 the offences punishable u/s 138(1)(a)
(b) of Electricity Act, 2003?
3. What order?
6. My findings to the above points are as follows;
Point No.1 : In the Affirmative Point No.2 : In the Affirmative Point No.3 : As per final order, for the following;
REASONS
7. POINT No.1 and 2: These points are inter-woven, hence, taken up for answering these points together for common discussion to avoid the repetition of facts and evidence. It is the definite case of prosecution that, on 24.11.2020, AE, BESCOM Vigilance, Indiranagara has made an inspection along with his officials between 12.20 pm. To 2.10 pm in the premises of accused No.1 and 2 situated at Commercial Complex, Cambridge Road and wherein on obtaining electric connections, for using the commercial electric connections through direct connection R.R. No.3ETP19055 by obtaining due license and connected the meter having Sl.No. 7 Spl.C.No:1313/2021 11A3AC0488. The complainant enquired wherein found 10 kw power has been taken directly by bypassing the meter in all 15 HP and 4682 Watts power usage made causing loss to the BESCOM to the tune of Rs.14,52,688/-. The CW1 in his evidence has specifically deposed about the inspection made and theft of power by accused persons when he visited on 24.11.2020 at 12.20 p.m on specific information in Halsuru Town, Cambridge Layout, Sy.No.7 and 8, 1 st A cross where he found the prepaid meter though issued. The direct connection has been obtained bypassing the connection already obtained by R.R. No.3ETP19055. Accordingly, he made report as per Ex.P1. There he found 8 electric meters have been used without any permission to that effect.
8. The P.W.1 examined and got exhibited 3 documents as per Ex.P.1 to Ex.P.3. The memo filed for defense to accept the evidence of PW1 as it is and they are ready to accept the guilt and abide by any of the sentence 8 Spl.C.No:1313/2021 that may be imposed by this court. Accordingly, Accused No.1 and 2 personally present. Their prayer accepted.
9. In the case on hand, heard both side. Learned Spl.PP submitted as per the provision of Section 154 of Electricity Act 2003 court can pass suitable orders. The learned counsel for the accused submitted the imposition of compounding charges may be waved enabling the accused by lessening the burden.
10. The calculation sheet of the BESCOM Vigilance discloses the number of energy units has been calculated total 456610 units at the rate of Rs.9/- per unit and 50 units at the rate of Rs.8/-. Bot have been taken three times accordingly, energy calculation is arrived at Rs.12,32,847/- with Tax Rs.37,021/-. This court accepted the guilt pleaded by the accused by accepting the evidence of prosecution as the matter is summary trial the accused accepting of the prosecution case is recorded herewith. On perusal of the record, accused had accepted the Civil liability as the I.O has 9 Spl.C.No:1313/2021 filed charge sheet against accused for the offence punishable U/s 135 and 138 of Electricity Act 2003.
11. On perusal of the case record, the BESCOM authority have imposed penalty of a period of 12 months, BBC 13,08,688/- and Tax of Rs.31,021/-. The BESCOM authority have imposed compounding charges of Rs.1,44,000/- in all Rs.14,52,688/- on the accused No.1 and 2. This court considering the prayer of the accused acting as per Section 154(5) of Electricity Act 2003 has determined the penalty by waving the compounding charges of Rs.1,44,000/- has imposed Rs.10,52,688/- as Civil liability. Acting U/s 235(2) of Cr.P.C. Accused Nos.1 and 2 found guilty for the offence punishable U/s 135, 138 of Electricity Act. Accused Nos.1 and 2 found guilty for the offence punishable U/s 135 of Electricity Act 2003.
12. Accused Nos.1 and 2 found guilty for the offence punishable U/s 138(1) of Electricity Act 2003. Accordingly, point No.1 and 2 answered in Affirmative. 10 Spl.C.No:1313/2021
13. Point No.3:- For the aforesaid reasons, I proceed to pass the following:
ORDER Acting U/s 235(2) of Cr.P.C. Accused Nos.1 and 2 found guilty for the offence punishable U/s 135, 138 of Electricity Act.
Accused Nos.1 and 2 convicted for the offence punishable U/s 135 of Electricity Act 2003 sentenced to pay fine of Rs.5000/- each. In default has to under go imprisonment for 6 months.
Accused Nos.1 and 2 convicted for the offence punishable U/s 138(1) of Electricity Act 2003 sentenced to pay fine of Rs.10,000/- each. In default has to under go imprisonment for 6 months.
As per the charge sheet Civil liability has been decided by the 11 Spl.C.No:1313/2021 Assistant General Manager, Electrical Vigilance, BESCOM, Indiranagara Bengaluru, at Rs.14,52,688/- which includes BBC Rs.13,08,688/-, Tax of Rs.37,021/-. Actual units on which total calculation of energy charges is Rs.12,34,047/-.
Accused Nos.1 and 2 ready to pay the civil liability that may be imposed by this court as per Section 154(5) of Electricity Act 2003.
This court as the AEE, BESCOM has calculated 3 time the actual charges. The same is reduced to two times the tariff applicable. The imposition of compounding charges of Rs.1,44,000/- has been waved.
Accused in all sentenced to pay Rs.10,52,688/-.12 Spl.C.No:1313/2021
Accused Nos.1 and 2 are ready to pay the same.
The M.Os in deposit are to be returned to the BESCOM for disposal in accordance with Electricity Act 2003. (Dictated to the Typist in open court thereof corrected, signed and then pronounced by me in open Court on this the 13th day of December 2024.) (Rajesh Karnam.K) LXX Addl. City Civil & Sessions Judge & Special Judge, Bangalore. ANNEXURE
1.WITNESSES EXAMINED FOR THE PROSECUTION:
PW1 : R.M. Yogesh
2. DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Complaint.
Ex.P.1(a) : Sign of PW1.
Ex.P.2 : Inspection Report.
Ex.P.2(a) : Sign of PW1.
Ex.P.3 : Mahazar.
Ex.P.3(a) : Sign of PW1.
13 Spl.C.No:1313/2021
3. WITNESSES EXAMINED FOR THE DEFENCE:
Nil
4. DOCUMENTS MARKED FOR THE DEFENCE:
Nil
5. LIST OF MATERIAL OBJECTS:
M.O.1 : Prepaid meter.
M.O.2 A, B : Starter Box, & Starter Box.
M.O.3 : Wooden board with meter board.
M.O.4 : 3 meter service Wire.
M.O.5 : 8 sub-meters.
(RAJESH KARNAM.K)
LXX Addl. City Civil & Sessions Judge & Special Judge, Bangalore.