Bangalore District Court
Station vs Persons Are on 12 January, 2023
1 C.C.No.17272/2019
Digitally signed by
VEEDAMOORTHY
VEEDAMOORTHY
KABC030548582019 BS
BS
SADANANDABHAT
SADANANDABHAT BOLLAJE
BOLLAJE
Date: 2023.01.12
17:08:09 +0530
Presented on : 30-07-2019
Registered on : 30-07-2019
Decided on : 12-01-2023
Duration : 3 years, 5 months, 13 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY
Dated this 12th day of January 2023
PRESENT : SRI.VEDAMOORTHY B.S. B.A.(L), LL.B.
II Additional Chief Metropolitan Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.17272/2019 Date of commission of the From 16.02.2005 till
2. offence (As per F.I.R.) 20.04.2017 Subramanyapura Police
3. Name of the complainant Station, Bengaluru City
4. Name of the accused 1. Kempanna, S/o Veerabhadrappa, Aged about 62 years.
2. Smt.Sunandamma, W/o Kempanna, Aged about 59 years.
Both are R/at No.9, 2 C.C.No.17272/2019 Radhakrishna Nilaya, Uma Maheshwari Layout, Doddakallasandra, Bengaluru City.
3. Adireddy, S/o Late Chikkavenkata Reddy, Aged about 59 years, R/at No.152, 1st A Cross, BSK 3rd Stage, Bengaluru City.
Sections 120B, 419, 420, 468 The offences complained
5. and 471 R/w Section 34 of of the Indian Penal Code
6. Plea of the accused Pleaded not guilty Accused persons are
7. Final order acquitted
8. Date of order 12.01.2023 The Sub-Inspector of Police, Subramanyapura Police Station, Bengaluru City has filed Police Report against the above named accused persons alleging that they have committed the offences punishable under Sections 120B, 419, 420, 468 and 471 R/w Section 34 of the Indian Penal Code.
2. The Prosecution case in brief is that on 14.09.2006, CW1 sold sites No.1 and 2, Gramatana Khatha No.1-2/54/2- 3 C.C.No.17272/2019 A, 6th Main, Kuvempu Nagar formed in Sy.No.54/2A of Doddakallasandra Village, Uttarahalli Hobli, Bengaluru South Taluk to CW4. The accused persons committing criminal conspiracy with common intention to cheat accused No.1 have created false document as GPA executed by accused No.1 in favour of accused No.2 dated 16.02.2005 in respect of the non-existing site No.1A, measuring East to West 23 feet and North to South 20 feet, Gramatana Khatha No.1/A/54/2-A, 6th Main, Kuvempu Nagar formed in Sy.No.54/2A of Doddakallasandra Village, Uttarahalli Hobli, Bengaluru South Taluk and based on the said false GPA document, accused No.2 executed the Sale Deed dated 04.11.2016 in favour of accused No.1 and 3 in the Office of the Sub-Registrar, Jayanagar (J.P.Nagara), Bengaluru and cheated CW1. Thereby, the accused persons have has committed the offences punishable under Sections 120B, 419, 420, 468 and 471 R/w Section 34 of the Indian Penal Code.
3. Based on the First Information of CW1, the crime was 4 C.C.No.17272/2019 registered in Crime No.210/2017 at Subramanyapura Police Station, Bengaluru City. During investigation, accused No.1 and 2 have appeared before this Court and enlarged on bail. On completion of the investigation, the Sub-Inspector of Police, Subramanyapura Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 120B, 419, 420, 468 and 471 R/w Section 34 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused persons. They have appeared before this Court and accuesd No.3 was enlarged on bail. The copies of the Police Report and other prosecution papers are furnished to the accused persons under section 207 of Cr.P.C. After hearing, since there were grounds for presuming that the accused persons have committed offences triable by this court, the charges for the offences punishable under Sections 120B, 419, 420, 468 and 471 R/w Section 34 of the Indian Penal Code have been framed and read over to them in Kannada language. They have pleaded not guilty and claims to be tried.
5 C.C.No.17272/2019
4. To prove the charges framed against the accused persons, the prosecution has produced the oral evidences of PW1 and the documentary evidences in Ex.P1 to Ex.P3. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witnesses against the accused persons, the examination of the accused persons under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for the accused persons. Perused the materials available on record.
5. The points for determination are;
1. Whether prosecution has proved the offences charged against the accused persons for the offences punishable under Sections 120B, 419, 420, 468 and 471 R/w Section 34 of the Indian Penal Code beyond reasonable doubt?
2. What order or sentence?
6. My answers to the above points are as follows: 6 C.C.No.17272/2019
Point No.1 : In the Negative,
Point No.2 : As per final order for the following;
REASONS
7. POINT No.1 :- In order to prove the charges leveled against the accused persons, out of 14 witnesses cited in the Police Report by the Investigation Officer, the prosecution has produced the oral evidences of only one witness before this Court as PW1. PW1 Srinivas D. is the first informant, injured and the mahazar witness. The prosecution has also produced the documentary evidences Ex.P1 to Ex.P3. Among them, Ex.P1 is the First Information, Ex.P2 is the Spot Mahazar and Ex.P3 is the Seizure Mahazar.
8. As per the case of the prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.210/2017 and on investigation, since, there are evidences collected by the Investigation Officer to prosecute the accused persons for the offences punishable under Sections 120B, 419, 420, 468 and 471 R/w Section 34 of the Indian Penal Code, the Police Report was filed. In the First Information - Ex.P1, there are 7 C.C.No.17272/2019 statements of PW1 with regard to the alleged incident committed by the accused persons. PW1 during his examination-in-chief has deposed that Sites bearing No.1 and 2 formed in Sy.No.54/2A of Doddakallasandra Village, Uttarahalli Hobli, Bengaluru South Taluk belonged to him; on 14.09.2006, he sold it to CW4; the accused persons have not created any documents in respect of the said sites; he has not given any complaint to the Police in that regard; as there were some petty differences between him and the accused persons, he gave the complaint to the Police as per Ex.P1; he does not know its contents; he identified his signature in Ex.P2; he does not know its contents; he signed it at Police Station; the Police have not conducted any Mahazar in his presence; he identified his signature in Ex.P3; he does not know its contents; he signed it at Police Station; the Police have not conducted any Mahazar in his presence and the Police have taken his signature and handwriting on the document. He has been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, he has denied the contents of Ex.P1; he gave it; the mahazar 8 C.C.No.17272/2019 conducted at the place of incident as per Ex.P2 in his presence and obtained his signatures and handwriting by conducting Mahazar as per Ex.P3. Nothing has been elicited in his cross-examination supporting the case of the prosecution.
9. On perusal of the above evidences, it appears that the First Informant and one of the injured witness PW1 has deposed not supporting the case of the prosecution. He has deposed in his cross-examination that he and the accused persons have compromised the matter. Therefore, if the evidences of the other prosecution witnesses are recorded, no purpose will be served. For this reason, the evidences of the other prosecution witnesses are dropped. Under these circumstances, I am holding that the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 120B, 419, 420, 468 and 471 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative. 9 C.C.No.17272/2019
10. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 120B, 419, 420, 468 and 471 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Therefore, the accused persons are not found guilty for the aforesaid offences charged against them. In the result, I proceed to pass the following;
ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 120B, 419, 420, 468 and 471 R/w Section 34 of the Indian Penal Code.
Their bail bonds and surety bonds executed under Section 437 of Cr.P.C. will be in force till appeal period and thereafter, it shall be canceled.
CW1 filed application under Sections 451 and 457 of Cr.P.C. seeking an order to release the original Sale Deed seized in this case and reported in PF No.140/2018 at Item No.2 to his interim custody. Since, it 10 C.C.No.17272/2019 appears that it requires CW1 for its cancellation in view of the settlement, the Office is hereby directed to issue intimation to the concerned Investigation Officer to return the original Sale Deed dated 04.11.2016 seized in this case and reported in PF No.140/2018 at Item No.2 to CW1 after appeal period.
Issue intimation to the Investigation Officer to produce the original GPA seized in this case and reported under PF No.140/2018 as Item No.1 to this Court. The same has to be kept in the case file. (Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 12.01.2023) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Srinivas D. 11 C.C.No.17272/2019 Documents marked on behalf of Prosecution :-
Ex.P1 : First Information, Ex.P1(a) : Signature, Ex.P2 : Spot Mahazar, Ex.P2(a) : Signature, Ex.P3 : Seizure Mahazar, Ex.P3(a) : Signature.
Material objects marked on behalf of Prosecution :-
NIL Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.12 C.C.No.17272/2019
12.01.2023 Judgment pronounced in open Court vide separate order.
ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 120B, 419, 420, 468 and 471 R/w Section 34 of the Indian Penal Code.
Their bail bonds and surety bonds executed under Section 437 of Cr.P.C. will be in force till appeal period and thereafter, it shall be canceled.
CW1 filed application under Sections 451 and 457 of Cr.P.C. seeking an order to release the original Sale Deed seized in this 13 C.C.No.17272/2019 case and reported in PF No.140/2018 at Item No.2 to his interim custody. Since, it appears that it requires CW1 for its cancellation in view of the settlement, the Office is hereby directed to issue intimation to the concerned Investigation Officer to return the original Sale Deed dated 04.11.2016 seized in this case and reported in PF No.140/2018 at Item No.2 to CW1 after appeal period.
Issue intimation to the Investigation Officer to produce the original GPA seized in this case and reported under PF No.140/2018 as Item No.1 to this Court. The same has to be kept in the case file.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.