Bangalore District Court
State By Central Crime Branch vs No.1 To 4 Conspired With Each Other To on 20 April, 2023
KABC030599412013
Presented on : 25-09-2013
Registered on : 25-09-2013
Decided on : 21-04-2023
Duration : 9 years, 6 months, 26 days
IN THE COURT OF THE I ADDL.CMM:
BENGALURU
Dated this the 21st day of April 2023
Present: Shri Anand T Chavan, B.Com., LL.B(Spl.).
I Addl. C.M.M BENGALURU.
JUDGMENT U/s. 355 Cr.P.C.,
Case No. : C.C.No.15508/2013
Date of Offence : 08.06.2012
Name of complainant : State by Central Crime Branch
(F & M), Bengaluru.
(By Learned Sr. APP)
Name of accused : 1. Smt.Unnamalai
2. N.Basavaraju
S/o Nanjundaiah,
aged 58 years,
R/o No.2/6, Ground floor,
10th cross, 16th main,
2 C.C.No.15508/2013
BTM 1st Stage,
Bengaluru 29.
3. R.Girish Kumar
4. Smt.M.Jayamani
W/o C.Siddeshwara,
aged 42 years,
R/at No.41, 4th main,
4th cross, Society Colony,
Nanjappa Layout,
Adugodi, Hosur main road,
Bengaluru 30.
5. B.V.Srinivasan
(A.2 by Shri S.Rama Rao Advo.
A.4 by Shri Suresh N. Advo),
(Case against A.1 & 3 is split up and
case against A.5 has been quashed)
Offences complained off: U/s.468, 471, 473, 420, 109,
511, 201 R/w Sec.120(B) of
IPC.
Plea of accused : Pleaded not guilty
Final Order : Accused No.2 & 4 are
acquitted
Date of Order : 21-04-2023.
3 C.C.No.15508/2013
JUDGMENT
Inspector of Police, CCB (F & M Squad) has filed this Charge sheet against accused above named for offences punishable under sections 468, 471, 473, 420, 109, 511 and 201 R/w Sec.120(B) of IPC.
2. Brief facts of prosecution case are that :-
Accused No.1 to 4 conspired with each other to create documents in respect of site No.63 of Sy.No.80 belonging to Cauvery House Building Co-operative Society, which was originally allotted in the name of father of C.W.1. Accordingly about six months prior to 04-12-2012 accused No.3 in furtherance of common intention created an affidavit and GPA dated 18-04-1988 as if the father of C.W.1 by name late Abdul Ameed had sold aforesaid site in favour of accused No.1 in presence of C.W.4. The said document was created by forging seal and signature of said Abdul Ameed and C.W.4.4 C.C.No.15508/2013
Thereafter accused No.1 to 4 created one more document under name and style as declaration and confirmation deed dated 24-09-1999 as if it was drafted by C.W.5 and C.W.1 had executed said deed in favour of accused No.1 by agreeing aforesaid GPA and affidavits said to have been executed by his father. It was alleged that accused No.5 had co-operated with accused No.1 to 4 in creation of said document. It is further averred that subsequently accused No.2 and 3 in furtherance of their common intention to sell aforesaid site fraudulently for their personal gain obtained copies of original sale deed, possession certificate of said site from the office of Sub Registrar, BBMP and BDA under Rights to Information Act. Thereafter said accused got retyped said documents by forging signatures and seals of original owner-cum-
Secretary of Cauvery House Building Society by name Patel V Muniyappa, signatures of witnesses 5 C.C.No.15508/2013 and concerned Sub-Registrar. Thereafter, accused No.1 posing to be the owner of above site along with her daughter i.e., accused No.4 created memorandum of undersigning document dated 28-05-2012 in respect of above site as if it was sold by them in favour of accused No.2 and 3. Further on 30-05-2012 again accused No.1 got registered an agreement of sale in favour of accused No.2 and 3 before Sub-Registrar, Shanthinagar and the same was again renewed on 30-08-2012 as per renewal of sale agreement document. Thereafter, accused No.1 to 4 have made attempts to sell aforesaid site belonging to C.W.1 to others for their personal gain.
Further accused No.3 has destroyed the evidence by throwing aforesaid fake seals to dustbin. Thereby accused No.1 to 4 in furtherance of their common intention to have personal gain, fraudulently created aforesaid documents in respect of said site and tried to sell it to others to cheat C.W.1. Hence on 6 C.C.No.15508/2013 04-12-2012 C.W.1 lodged first information before Wilson Garden Police Station, which was registered by them in their PS Crime No.309/2012 and FIR is issued. It further shows that that subsequently investigation of the case is taken over by CCB (F & M Squad). After recording statements of material witnesses, after collecting necessary evidence and after conclusion of investigation, I.O.
has filed this charge sheet against accused for above offences.
3. Accused No.2 and 3 were arrested during crime stage and they are enlarged on bail. Further accused No.4 has voluntarily appeared before court during crime stage itself and she is also enlarged on bail. After filing of charge sheet, cognizance of above offences is taken and summons issued. Accused No.2 to 5 have appeared before court and accused No.5 is also enlarged on bail. However, accused No.1 7 C.C.No.15508/2013 and 3 remain absconding since beginning and case against said accused is split up as per order dated 25-07-2019 with direction to I.O. to file split up charge sheet against said accused. It further shows that case against accused No.5 has been quashed by Hon'ble High Court of Karnataka in Crl.Petition No.6628/2015. Thereafter, copies of charge sheet is furnished to accused No.2 and 4 u/s 207 of Cr.P.C and charge is framed. Said accused have not pleaded guilt of alleged offences and they have claimed to be tried.
4. In order to prove the guilt of the accused, No.2 and 4, prosecution has examined 8 witnesses as P.Ws.1 to 8 and got marked 105 documents as per Exs.P1 to P105. However, evidence of P.W.8 has been discarded and he has not tendered himself for further examination. After completion of prosecution evidence, statement of accused No.2 and 4 as 8 C.C.No.15508/2013 required under Section 313 of Cr.P.C. has been recorded. The accused have denied incriminating evidence against them and they have not led any defence evidence.
5. On the basis of charge sheet allegation, the following points arose for consideration:
1. Whether the prosecution proves beyond reasonable doubts that accused No.2 and 4 have committed offence punishable under sections 468 R/w Sec.34 of IPC?
2. Whether the prosecution proves beyond reasonable doubts that accused No.2 and 4 have committed offence punishable under sections 471 R/w Sec.34 of IPC?
3. Whether the prosecution proves beyond reasonable doubts that accused No.2 and 4 have committed offence punishable under sections 473 R/w Sec.34 of IPC?9 C.C.No.15508/2013
4. Whether the prosecution proves beyond reasonable doubts that accused No.2 and 4 have committed offence punishable under sections 420 R/w Sec.34 and 511 of IPC?
5. Whether the prosecution proves beyond reasonable doubts that accused No.2 and 4 have committed offence punishable under sections 120(B) R/w Sec.109 of IPC?
6. Whether the prosecution proves beyond reasonable doubts that accused No.2 and 4 have committed offence punishable under sections 201 R/w Sec.34 of IPC?
7. What order ?
6. Heard arguments of learned Sr.APP and learned counsel for accused. Perused oral and documentary evidence adduced by the prosecution. The following are findings to above points.
Point No.1 to 6 : In the Negative Point No.7 : As per final order, for the following:
10 C.C.No.15508/2013
REASONS
7. Point No.1 to 6:- These points are taken together for consideration as findings on one point have bearing on other points.
8. P.W.1 Gouse Mohinuddin S/o. Nooruddin Ahmed has identified two seizure mahazars as per Exs.P1 and P2 and his signatures on it as per Ex.P1(a) and Ex.P2(a) respectively. However, he has turned hostile by testifying that police have not seized any documents in his presence under above mahazar and he does not know contents of said mahazar. Though this witness is treated as hostile and cross-examined at length by learned Sr.APP., this witness has denied seizure of 30 documents and 7 documents under aforesaid mahazars as per case of prosecution. Nothing worth while is elicited from the mouth of this witness to prove seizure of alleged incriminating articles from accused persons under above mahazars. 11 C.C.No.15508/2013
9. P.W.2 Anilkumar S/o. Shivamallegouda has testified in his evidence that on 04.12.2012, while he was serving as PSI in Wilson Garden Police Station, C.W.1 came to police station and lodged first information along with copy of EC, sale agreement. Thereafter, he registered the case in said PS crime no.309/2012 and issued FIR. He has identified first information received by him as per Ex.P3, FIR as per Ex.P4 and his signatures on said documents as per Ex.P3(a) and P4(a) respectively. He has further stated that, thereafter he handed over further investigation of case to CCB P.I by name T. Mahadev, as per order of Police commissioner. Though evidence of this witness is not denied by defence side by way of cross-examination, his sole evidence does not help to prove the guilt of accused persons.
10. P.W.3 Bhanu Prakash S/o. Siddegowda G.K., who appears to be a lawyer who had drafted Ex.P5 12 C.C.No.15508/2013 renewal sale agreement has stated in his evidence that he does not remember whether he knows Annamalai, Basavaraju and Girisha Kumar i.e., accused No.1 to 3 and a person had approached him with a broker seeking renewal of draft agreement. He has drafted said agreement as per request and he had referred previous document to draft it. Further he has identified said document drafted by him, which is named as Renewal of Sale Agreement dated 30.05.2012 as per Ex.P5, his signature on it as per Ex.P5(a). He has partly turned hostile by stating that the parties of said document have not put their signatures in his presence and some of parties were present during preparing draft. He has further stated that he does not know their names, later CCB police enquired him about said draft and he does not remember who had paid fees to him with regard to above draft. This witness is partly treated as hostile by learned Sr.APP, and he has denied to have given 13 C.C.No.15508/2013 statement before police as per Ex.P6. In cross-examination by defence side P.W.3 admits that he does not know survey number and site number and schedule property in above draft and he does not remember terms and conditions of said agreement. His evidence is denied by defence side and it is suggested to him that he has not drafted any such agreement.
11. P.W.4 Noushad S/o Chotasab, who appears to be an independent witness has turned hostile by testifying that he does not know accused No.2 and 3 and there was no transaction between himself and accused. He has further stated that he does not know anything about this case and police have not enquired him. Though this witness is also treated as hostile and cross-examined at length by learned Sr.APP, he has denied the case of prosecution and he has also denied to have given statement before I.O. as per Ex.P7.
14 C.C.No.15508/2013
12. P.W.5 Syed Mohammed S/o Syed Mahamood, who appears to be witness of Ex.P8 spot mahazar has identified his signature on it as per Ex.P8(a). However, this witness has also turned hostile by testifying that he signed said document at police station of Chamarajpet about 5-6 years back and he does not know contents of said document.
13. P.W.6 Asma Fathima W/o Syed Mahamood, who appears to be other witness of Ex.P8 spot mahazar has identified her signature on it as per Ex.P8(b). This witness has also turned hostile by testifying that she signed said document at police station of Chamarajpet about 6 years back and she does not know contents of said document.
14. Though P.Ws.5 and 6 are also treated as hostile and cross-examined at length by learned Sr.APP., they have denied to have signed above mahazar near 15 C.C.No.15508/2013 Sy.No.80 land of Tavarekere as per case of prosecution.
15. P.W. 7 T.Mahadeva S/o. Thirumaiah has testified in his evidence that from August 2012 to June 2014 he has served as Police Inspector in CCB, OCW, Bengaluru. On 04.12.2012 as per order of Joint Commissioner, Bengaluru he took up further investigation of this case from C.W.14. On same day he visited scene of offence by securing C.Ws.10 and 11 at the spot and conducted mahazar at the place shown by C.W.1 as per Ex.P8 and he has identified his signature on it as Ex.P8(c). Thereafter he arrested accused no.2 and 3 and recorded their voluntary statements on 04.12.2012 as per Exs.P9 and 10 and he identified signature of accused No.2 and 3 as per Ex.P9(b) and 10(b) respectively.
16. P.W.7 has further testified that on same day he produced accused No.2 and 3 before court and took their PC remand for 10 days, he recorded one more 16 C.C.No.15508/2013 voluntary statement of accused No.2 Basavaraj on 06.12.2012 as per Ex.P11 and identified signature of accused No.2 as Ex.P11(b). Further he recorded one more statement of accused No.3 on 06.12.2012 as per Ex.P12 and identified signature of accused no.3 as per Ex.P12(b). P.W.7 has further testified that on 06.12.2012 C.W.1 produced allotment letter, sale deed, possession certificate under P.F.No.41/2012 in CCB office and he seized two documents in the house of accused No.3. He has identified letter of one Abdul Ameed along with particulars of assessment, which is addressed by accused No.1 for transfer of Khatha to BDA and seized under P.F.No.41/2012, said documents are identified by him as per Ex.P20, Ex.P21 and signature of accused No.1 and 2 on said documents as per Ex.P20(a) and P21(a) and his signature as per Ex.P20(b) and P21(b). He has identified P.F. No.41/2012 as Ex.P22, his signature on it as per Ex.P22(a). P.W.7 has further testified in 17 C.C.No.15508/2013 his evidence that thereafter on 06.12.2012, he seized 30 documents under mahazar in presence of C.Ws.12 and 13 as per P.F. No.42/12, he has identified said mahazar, which is already marked as Ex.P1 and his signature on it as Ex.P1(b), P.F. No. 42/12 as Ex.P23, Fake sale deed of Cauvery House Building Co-operative Society as per Ex.P24, Fake possession certificate as per Ex.P25, Fake GPA created by accused No.1 as if original owner Abdul Ameed has executed it in favour of accused No.1 as per Ex.P26, Fake affidavit of C.W.1 created by accused No.3 in favorr of accused No.1 as per Ex.P27, Fake declaration and confirmation deed created by accused No.3 in favour of accused No.1 as per Ex.P28, Fake MOU created by accused No.2 and 3 in favour of accused No.1 and 4 as per Ex.P29, Registered sale agreement dated 30.05.2012 executed by accused No.1 in favour of accused No.2 and 3 as per Ex.P30, Absolute sale deed executed by accused No.1 in favour of accused 18 C.C.No.15508/2013 No.2 and 3 as per Ex.P31. Renewal of sale agreement executed by accused No.1 in favour of accused No.2 and 3 as per Ex.P5, Encumbrance certificate of above property as per Ex.P32, Application filed by accused No.3 to Commissioner BDA under RTI as per Ex.P33, Two endorsements issued by BDA South to accused No.3 as per Exs.P34 and P35, Challan-cum-receipt of amount deposited by accused No.3 to Canara Bank as per Ex.P36, Application filed by accused No.3 to BBMP under RTI seeking information as to on what basis Katha was entered in the name of C.W.1 as per Ex.P37, Endorsement issued by BBMP to said application as per Ex.P38, Application filed by accused No.3 to BBMP under RTI seeking information as to on what basis site was allotted to C.W.1 as per Ex.P39, Endorsement issued by BBMP to said application as per Ex.P40, postal cover of BBMP addressed to accused No.3 is marked as Ex.P40(a), two acknowledgments of BDA as per Exs.P41 and 42, 19 C.C.No.15508/2013 Challan of Vijaya Bank showing deposit of Rs.7,041/- by accused No.3 along with copy of DD together as per marked as Ex.P43, Five RTCs of above property as per Exs.P44 to P48, Certified copy of sketch of said land as per Ex.P49, G-Tree certificate issued by Revenue Officer BDA South as per Ex.P50, Katha extract of site no.63 standing in the name of C.W.1 as per Ex.P51, Allotment letter issued by Cauvery House Building Co-operative Society in the name of Abdul Ameed, who is father of C.W.1 in the year 1980, which was obtained by accused No.3 under RTI as per Ex.P52, Layout plan of site no.63 as per Ex.P53, Death certificate of Abdul Ameed as per Ex.P54, Copy of death certificate of Abdul Ameed as per Ex.P55, Copy of Hibanama (Gift Deed) and Indemnity Bond executed in favour of Abdul Ameed as per Ex.P56 and P57, Intimations of property tax due along with challans (total 8 pages) as per Ex.P58, Katha letter copy dated 16.05.1988 as per Ex.P59, Assessment 20 C.C.No.15508/2013 copy as per Ex.P60, Letter issued by Mohammed Ghouse to Revenue Officer, BDA South as per Ex.P61, Copies of 5 challans together as per Ex.P62. P.W.7 has further testified that on 07.12.2012 as per voluntary statement of accused No.2 it was revealed that accused had kept the fake and created documents in his house. On same day he visited his house along with C.Ws.12 and 13 panchas and seized said 7 documents as per P.F. No.43/2012. He has identified said Mahazar, which is already marked as Ex.P2, his signature on it as Ex.P2(b), P.F. No.43/12 as Ex.P63. He has identified 7 documents seized under said P.F, endorsement issued by Deputy Director, East BDA, Bengaluru to accused No.2 as per Ex.P64, two endorsements of Tahashildar, Bengaluru South as per Ex.P65, Copy of PAN Card of accused No.2 as per Ex.P66, Copy of Election ID Card of accused No.2 as per Ex.P67, Copy of PAN Card and Driving License of accused No.3 as per Exs.P68 and 21 C.C.No.15508/2013 P69, two Challans of Rs. 500/- and Rs.35/- showing deposit of said amount by accused No.2 to Sub-Registrar as per Ex.P70, Official Memorandum of DC, Bengaluru in respect of Site No.80 as per Ex.P71, 34 blank verification certificates in the name of Shankarappa, Sr.Manager BMTC as per Ex.P72, Application under RTI and office memorandum copies filed before DC, Bengaluru by accused No.2 as per Ex.P73 and P74.
17. P.W.7 has further testified that he has collected specimen signatures of accused No.2 as per Exs.P75 and 76. Specimen signatures and handwriting of C.W.1 as per Exs.P77 to 79, specimen signatures of G.Abdul Ameed obtained from accused No.3 on 07.12.2012 as per Exs.P80 and P81, Specimen signatures of Patel V. Muniyappa obtained from accused No.3 on 07.12.2012 as per Exs.P82 and P83, Specimen signatures of Narasimhalu obtained from 22 C.C.No.15508/2013 accused No.3 as per Exs.P84 and P85, Specimen signatures of Mohammed Ameer Ali obtained from accused No.3 as per Exs.P86 and P87, Specimen signatures of L. Ramaiah obtained from accused No.3 as per Exs.P88 and P89, Specimen signatures of Abdul Jabbar obtained from accused No.3 as per Exs.P90 and P91, Specimen signatures of Mansoor Javid obtained from accused No.3 as per Exs.P92 and P93, Specimen signatures of Sub-Registrar, Jayanagar obtained from accused No.3 as per Exs.P94 and P95, Specimen signatures of C.W.1 obtained from accused No.3 as per Exs.P96 and P97 and Specimen signatures of accused No.3 himself as per Exs.P98 and P99. Further he has identified his signatures on Exs.P75 to 99 as per as Ex.P75(a) to P99(a) respectively. P.W.7 has further testified that, on 10-12-2012, he arrested accused No.1 and recorded his voluntarily statement, he obtained specimen signatures of accused No.1 and he has identified two 23 C.C.No.15508/2013 pages of his specimen signatures as per Exs.P100 and Ex.P101, his signatures on it as per Ex.P100(a) and P101(a). He has further stated that, on same day he produced accused No.1 to 3 before court, on 18.12.2012 he recorded statements of C.Ws.1, 2, 4 to 9, 14 and 15, on 03.02.2013 he forwarded documents seized under aforesaid PF along with specimen signature to FSL for expert opinion and he has identified said acknowledgment issued by FSL as Ex.P102 and his signature on it as per Ex.P102(a). Further he has identified Report of H.C.No.3313 along with passport as per Exs.P103 and P104 and his signatures on it as per Ex.P103(a) and 104(a) respectively. P.W.7 has further testified that on 26.07.2013, he filed charge sheet against accused persons in view of sufficient materials. On 24.04.2014 he received FSL report, on 06.06.2014 he submitted additional charge sheet along with FSL report and aforesaid examined documents. He has 24 C.C.No.15508/2013 identified FSL report received by him as Ex.P105, his signature on front page as per Ex.P105(a). In cross-examination by defence side he admits that he has not mentioned in all mahazars as to from where the above panchas were secured and he has also admitted that he has not cited the officials as witnesses, who typed and prepared above mahazars. He has further admitted that he has not come across any civil case related to properties of disputed document and he has not issued any notice to complainant and witnesses to ascertain pendency of such cases. Most importantly he further admits that no money transaction has taken place in this case and only documents are forged. This aspect raises serious doubt with regard to case of prosecution as without any benefit no person can resort to commit any offences, much less offence of cheating and forgery. The entire evidence of this witness is denied in toto and it is suggested to him 25 C.C.No.15508/2013 that he has filed false charge sheet against accused persons by creating voluntary statements of accused persons and statements of other witnesses. Said suggestions are denied by P.W.7.
18. Further despite coercive steps P.W.8, who is other I.O. of this case has not tendered himself for further examination and hence his evidence has been discarded as per order dated 03-03-2023. Further despite coercive steps, the other witnesses including the witness of FSL are not secured to prove alleged forgery of documents by accused persons in conspiracy with each other. Further as already stated above all mahazar witnesses, who have been examined in this case have turned hostile and as such the seizure of incriminating documents from possession of accused persons is not proved to the satisfaction of the court. Further it shows that nothing is whispered by P.W.7 whether he has taken 26 C.C.No.15508/2013 specimen signatures of witnesses and accused in presence of panchas under mahazar. Further the FSL expert, who is a best person to speak about alleged forgery of documents in pursuant to Ex.P105 report is also not secured to prove the alleged act of forgery of questioned documents by accused persons. Moreover, the first informant-cum-prime victim of the incident i.e., C.W.1 Mohammed Ghouse S/o Abdul Ameed has also not stepped into witness box to speak about alleged crime committed by accused persons. Further the prime accused persons i.e., accused No.1 and 3 have remained absconding since beginning and for these all reasons, it is difficult to believe that accused No.2 and 4 have committed alleged crime for their personal gain. Moreover, P.W.4 independent witness has turned hostile and as such the evidence of witnesses adduced by prosecution has not inspired the confidence of the court to believe that the 27 C.C.No.15508/2013 accused persons in conspiracy with each other have created and concocted the aforesaid documents by an act of forgery, they were found in possession of such documents and they produced it for their use to engulf property of C.W.1 as per case of prosecution. Hence prosecution has failed to prove beyond reasonable doubts that accused No.2 and 4 have committed offences punishable under Sections 120(B), 468, 471, 473, 420, 109 and 201 R/w Sec.34 and 511 of IPC. Hence point No.1 to 6 are answered in the Negative.
19. Point No.7: -
For the reasons stated and findings given on point No.1 to 6, following is:
ORDER Acting under Section 248(1) of Cr.P.C. the accused No.2 and 4 are acquitted for the offences punishable under Sections 120(B), 468, 471, 473, 28 C.C.No.15508/2013 420, 109 and 201 R/w Sec.34 and 511 of IPC.
The bail bond and surety bond executed by accused No.2 and 4 shall continue for a period of two months from the date of this order and thereafter same shall stand canceled automatically.
Office to enclose this entire case file with split up charge sheet to be filed against accused No.1 and 3.
(Dictated to the Stenographer, typed by her directly on computer, revised, corrected by me and then pronounced in open court on this the 21 st day of April 2023).
(Anand T Chavan) st 1 Addl. CMM., Bengaluru ANNEXURE List of witnesses examined for prosecution :-
P.W.1, Ghouse Mohinuddin,
P.W.2, Anil Kumar,
P.W.3, Bhanu Prakash,
P.W.4, Naushad,
P.W.5, Syed Mohammed,
P.W.6, Asma Fathima,
P.W.7, T.Mahadeva,
P.W.8, Ashok M.S.;
29 C.C.No.15508/2013
List of exhibits marked for prosecution :-
Ex.P1 & Ex.P2, Seizure mahazars, Ex.P1(a) & Ex.P2(a), Signatures of P.W.1, Ex.P1(b), Signature of P.W.7, Ex.P2(b), Signature of P.W.7 Ex.P3, Complaint, Ex.P3(a), Signature of P.W.2, Ex.P4, FIR, Ex.P4(a), Signature of P.W.2, Ex.P5, Renewal of Sale agreement dated 30-5-2012.
Ex.P5(a), Signature of P.W.3,
Ex.P6, Relevant portion of statement of
P.W.3,
Ex.P7, Statement of P.W.4,
Ex.P8, Spot mahazar,
Ex.P8(a), Signature of P.W.5,
Ex.P8(b), Signature of P.W.6,
Ex.P8(c), Signature of P.W.7,
Ex.P9 &
Ex.P10, Voluntary statements of accused
No.2 & 3,
Ex.P9(a) &
Ex.P10(a), Signatures of P.W.7,
Ex.P11, Voluntary statements of accused
No.2,
Ex.P11(a), Signatures of P.W.7,
Ex.P11(b), Signatures of accused,
Ex.P12, Voluntary statements of accused
No.3
Ex.P12(a), Signature of P.W.7,
Ex.P12(b), Signature of accused,
30 C.C.No.15508/2013
Ex.P13 to
Ex.P16, Account opening form, Form No.16,
photo copy of election ID card of accused Basavaraj, signature card of accused, Ex.P17, P.F.No.37/2013, Ex.P17(a), Signature of P.W.7, Ex.P18, P.F.No.38/2013, Ex.P18(a), Signature of P.W.7, Ex.P19, Letter issued by Karnataka Bank, Ex.P19(a), Signature of P.W.7, Ex.P20 & Ex.P21, Letter of Abdul Ameed along with particulars of assessment, Ex.P20(a) & Ex.P21(a), Signatures of accused, No.1 and 2, Ex.P20(b) & Ex.P21(b), Signatures of P.W.7, Ex.P22, P.F.No.41/2012, Ex.P22(a), Signature of P.W.7, Ex.P23, P.F.No.42/2012, Ex.P23(a), Signatures of P.W.7, Ex.P24, Fake sale deed of Cauvery Housing Building Co-operative Society, Ex.P25, Fake possession certificate, Ex.P26, Fake GPA created by accused No.1, Ex.P27, Fake affidavit of C.W.1 created by accused No.3 in favour of accused No.1, Ex.P28, Fake declaration and confirmation deed crated by A3 in favour of A.1, Ex.P29, Fake MOU created by A.2 & 3 in favour of A.1 & 4, Ex.P30, Registered sale agreement dated 30-5-2012 executed by A.1 in favour of A2 and 3, 31 C.C.No.15508/2013 Ex.P31, Absolute sale deed executed by A.1 in favour of A.2 and 3, Ex.P32, Encumbrance certificate, Ex.P33, Application filed by A.3 to Commissioner, BDA under RTI, Ex.P34 & Ex.P35, Two endorsements issued by BDA South to A.3, Ex.P36, Callahan-cum-receipt of amount deposited by A.3 3 to Canara Bank, Ex.P37, Application filed by A.3 to Commissioner, BBMP under RTI seeking information as to on what basis katha was entered in the name of C.W.1, Ex.P38, Endorsement issued by BBMP, Ex.P39, Application filed by A.3 to Commissioner, BBMP under RTI seeking information as to on what basis site was allotted to C.W.1, Ex.P40, Endorsement issued by BBMP to application, Ex.P41 & Ex.P42, Two acknowledgements of BDA, Ex.P43, Challan of Vijaya Bank showing deposit of Rs.7,041/- by A.3 along with copy of DD, Ex.P44 to Ex.P48, 5 RTCs of property, Ex.P49, Certified copy of sketch of land, Ex.P50, G-Tree certificate issued by Revenue Officer, BDA South, Ex.P51, Khata extract of site No.63 standing in the name of C.W.1, Ex.P52, Allotment letter issued by Cauvery House Building Co-operative Society, Ex.P53, Layout plan of site No.63, 32 C.C.No.15508/2013 Ex.P54, Death certificate of Abdul Ameed, Ex.P55, Copy of death certificate of Abdul Ameed, Ex.P56 & Ex.P57, Copy of Hibanama and Indemnity bond executed in favour of Abdul Ameed, Ex.P58, Intimations of property tax due along with challans, Ex.P59, Khatha letter copy dated 16-5-1988, Ex.P60, Particular of assessment copy, Ex.P61, Letter issued by Mohammed Ghouse to Revenue officer, BDA South, Ex.P62, Copies of 5 challans, Ex.P63, P.F.No.43/2012, Ex.P63(a), Signature of P.W.7, Ex.P64, Endorsement issued by Deputy Director, East BDA Bengaluru to A2, Ex.P65, Two endorsements of Tahsildar, Bengaluru South, Ex.P66, Copy of PAN card of A.2, Ex.P67, Copy of Election ID card of accused No.2, Ex.P68 & Ex.P69, Copy of PAN card and DL of A.3, Ex.P70, 2 Challans of Rs.500/- & Rs.35/-
showing deposit of amount by A.2 to Sub Registrar, Ex.P71, Official Memorandum of DC, Bengaluru in respect of site No.80, Ex.P72, 34 blank verification certificates in the name of Shankarappa, Senior Manager, BMTC, Ex.P73 & Ex.P74, Application under RTI and office memorandum copies filed before DC, Bengaluru by A.2, 33 C.C.No.15508/2013 Ex.P75 & Ex.P76, Specimen signatures of A.2, Ex.P77 to Ex.P79, Specimen signatures and handwriting of C.W.1, Ex.P80 & Ex.P81, Sample signatures of G.Abdul Ameed, Ex.P82 & Ex.P83, Specimen signatures of Patel V.Muniyappa, Ex.P84 & Ex.P85, Specimen signatures of Patel Narasimhalu, Ex.P86 & Ex.P87, Specimen signatures of Mohammed Ameer Ali, Ex.P88 & Ex.P89, Specimen signatures of L.Ramaiah, Ex.P90 & Ex.P91, Specimen signatures of Abdul Jabbar Ex.P92 & Ex.P93, Specimen signatures of Mansoor Javid, Ex.P94 & Ex.P95, Specimen signatures of ub-Registrar, Jayanagar, Ex.P96 & Ex.P97, Specimen signatures of C.W.1, Ex.P98 & Ex.P99, Specimen signatures of accused No.3, Ex.P75(a) to Ex.P99(a), Signatures of P.W.7, Ex.P100 & Ex.P101, Specimen signatures of accused No.1, 34 C.C.No.15508/2013 Ex.P100(a) & Ex.P101(a), Signatures of P.W.7, Ex.P102, Acknowledgements issued by FSL, Ex.P103 & Ex.P104, Report along with passport, Ex.P103(a) & Ex.P104(a), Signatures of P.W.7, Ex.P105, FSL report, Ex.P105(a), Signature of P.W.7, List of material object : NIL List of Witnesses examined for defence:-
NIL List of documents marked for defence:-
NIL 1 st Addl. CMM., Bengaluru.35 C.C.No.15508/2013
(Judgment pronounced in Open Court vide separate judgment) ORDER Acting under Section 248(1) of Cr.P.C. the accused No.2 and 4 acquitted for the offences punishable under Sections 120(B), 468, 471, 473, 420, 109 and 201 R/w Sec.34 and 511 of IPC.
The bail bond and surety bond executed by accused shall continue for a period of two months from the date of this order and thereafter same shall stand canceled automatically.
Office to enclose this
entire case file with split up
charge sheet filed against
accused No.1 and 3.
I ACMM, Bengaluru.