Bangalore District Court
Dr.Venkataramaiah vs Dr.Ambarkar on 26 September, 2025
1 CC.No.7708/2019
KABC030231862019
IN THE COURT OF V ADDITIONAL CHIEF JUDICIAL
MAGISTRATE AT: BANGALORE
PRESENT: SRI. VIJAYKUMAR.S. JATLA B.Sc. LL.B.,
V ACJM BENGALURU
DATED THIS THE 26th DAY OF SEPTEMBER-2025
CC.No.7708/2019
Complainant : State by PSI of Police, Upparpet
Station, Bangalore.
(By Asst. Public Prosecutor)
-Vs-
Accused : 1. Dr. Ambarkar Vinayaka
Subhash
S/o Subhash. V Ambarkar,
Aged about 47 years,
R/at Flat No.108,
D.S Max Apartment,
1st Floor, Near RTO Office,
Mallathahalli, Bengaluru.
2. Smt. Rose Prameela
W/o Rathnakumar,
Aged about 61 years,
R/at No.63, Somanna Badavane,
3rd Cross, Virupakshapura,
Kodigehalli, Ballari Road,
Bengaluru City.
3. Sri. Rajashekar Gedigeppa
Toaragal,
S/o Late Gedigeppa Toaragal,
Aged about 59 years,
R/at Hebbala Grama and Post,
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Navalagundi Taluk,
Dharawada District.
4. Sri. Nagaiah Siddalingaiah
Gachinamath
S/o Late Siddalingaiah
Gachinamath,
Aged about 49 years,
R/at Near Bus Stop,
Uppinabetageri,
Market Road, Dharwad Taluk
and District.
5. Sri. Chowdappa. P.S
S/o Late Somanna,
Aged about 60 years,
R/at Pattanayakanahalli Grama
and Post, Shira Taluk,
Tumkur District.
6. Sri. M.V.Nagaraju
S/o C.N.Veerabhadrappa,
Aged about 53 years,
R/at Bevinahalli Grama,
Shira Taluk, Tumkur District.
7. Sri. Abdul Ajeem Mulla
S/o Late Abdul Samad,
Aged about 54 years,
R/at Syed Manjil House,
Market Road,
Kundagola City,
Dharwad District.
8. Dr. Ramanjaneya.D.A
S/o Anjanappa,
Aged about 44 years,
R/at No.305, 6th Cross,
Shira Town and Taluk,
Tumkur District.
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9. Sri. Dinesh.K.S
S/o Sibbanna,
Aged about 43 years,
R/at Anugraha Nagar,
Hutagere, Kesturu,
Tumkur Taluk and District.
10. Sri. G.Lakshminarayana
Reddy
S/o Late Shivaramareddy,
Aged about 52 years,
R/at H.Hosahalli Grama and
Post, Siraguppa Taluk,
Ballari District.
11. Sri. Shilaveri Diwakar
S/o S. Balaram,
Aged about 51 years,
R/at Kaggal Road,
Dammuru Grama and Post,
Ballari Taluk and District.
12. Sri. Someshwara @
Someshwara Shekarappa Kadadi
S/o Shekarappa,
Aged about 49 years,
R/at No.336, Magadi Grama and
Post, Shirahatti Taluk,
Gadag District.
(By Sri. SDKR., Advocate)
1. Date of offence 07.01.2016 to 13.08.2018
2. Arrest of the Accused Accused No.1 to 12 are on bail
3. Name of the Dr. Venkataramaiah
complainant
4. Date of closing of 16.09.2025
evidence
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5. Offences complained U/sec.466, 474, 201, 420 and
of 120(B) R/W Sec.34 of IPC.
6. Opinion of the Judge Accused No.1 to 12 found not
guilty
7. Complainant by The Learned Sr.APP.,
8. Accused defence by By Sri. SDKR., Advocate
JUDGMENT
This is a case arising out of the charge sheet filed by the PI of Upparpet Police Station against the Accused No.1 to 12 for the offences punishable U/sec.466, 474, 201, 420 and 120(B) R/W Sec.34 of IPC.
2. The brief facts of the prosecution case is as under
follows: The case of the prosecution is that the Accused No.1 is the Government Employee and worked as a Registrar at the Karnataka Ayurveda and Unani Medical Board, situated at Brigade Plaza S.C.Road, Ananda Rao Circle, Bangalore City, within the limits of Upparpet police station, he is working from 07.01.2016 to 13.08.2018. The Accused No.2 worked as a Superintendent at the office of the Board from 2016 September to 25.07.2018. Although the Accused No.3 to 12 did not have any certificate of training or any education in 5 CC.No.7708/2019 KABC030231862019 any field of herbal medicine, the Accused No.1 and 2 conspired and obtained amount from Accused No.3 to 1 on the basis of the same, the Accused No.2 had sent a recommendation letter in the form of a note to the said Accused for issuing a certificate. It has been confirmed from the investigation that the Accused No.1 and 2 defrauded the department by entering the Registration serial numbers of those who had previously registered with the said board, altering the said original documents and destroying the evidence and giving the Accused No.3 to 12 a recommendation letter and xerox copies of the registration certificate to run the Ayurveda Clinic and destroying the original copies and forged the documents. The Accused No.1 and 2 created and forged the documents and practiced as a fake doctor and cheated the Institution. In pursuance of the same the complainant lodged the complaint before Upparpet police. The Upparpet police has registered the case in Cr.No.237/2018 and thereby the Accused No.1 to 12 have committed alleged offences punishable U/sec.466, 474, 201, 420 and 120(B) R/W Sec.34 of IPC.6 CC.No.7708/2019
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3. On receipt of charge sheet, cognizance was taken against Accused No.1 to 12. The charge was framed for the afore mentioned offences U/sec.466, 474, 201, 420 and 120(B) R/W Sec.34 of IPC to Accused No.1 to 12 and same was read over and explained to the Accused No.1 to 12. The Accused No.1 to 12 pleaded not guilty and claimed to be tried. Hence, the evidence of prosecution is recorded.
4. In support of the case of the prosecution, the prosecution examined CW.5 as PW.1, CW.1 as PW.2, CW.4 as PW.3, CW.9 as PW.4, CW.8 as PW.5 and got marked Ex.P.1 to P.54 and Ex.D1 and D2. CW.2, 3, 6 and 7 are dropped. The statement U/sec.313 of Cr.PC., is recorded. The Accused No.1 to 12 denied the same.
5. Upon hearing arguments on both sides the following points arise for my consideration:
1) Whether the prosecution proves beyond reasonable doubt that the Accused No.1 is the Government Employee and worked as a Registrar at the Karnataka Ayurveda and Unani Medical Board, situated at Brigade Plaza S.C.Road, Ananda Rao Circle, Bangalore City, within the limits of Upparpet police station, he is working from 07.01.2016 to 7 CC.No.7708/2019 KABC030231862019 13.08.2018. The Accused No.2 worked as a Superintendent at the office of the Board from 2016 September to 25.07.2018. Although the Accused No.3 to 12 did not have any certificate of training or any education in any field of herbal medicine, the Accused No.1 and 2 conspired and obtained amount from Accused No.3 to 1 on the basis of the same, the Accused No.2 had sent a recommendation letter in the form of a note to the said Accused for issuing a certificate. It has been confirmed from the investigation that the Accused No.1 and 2 defrauded the department by entering the Registration serial numbers of those who had previously registered with the said board, altering the said original documents and destroying the evidence and giving the Accused No.3 to 12 a recommendation letter and xerox copies of the registration certificate to run the Ayurveda Clinic and destroying the original copies and forged the documents. The Accused No.1 and 2 created and forged the documents and practiced as a fake doctor and cheated the Institution. In pursuance of the same the complainant lodged the complaint before Upparpet police. The Upparpet police has registered the case in Cr.No.237/2018 and thereby the Accused No.1 to 12 have committed alleged offences punishable U/sec.466, 474, 201, 420 and 120(B) R/W Sec.34 of IPC?.
2) What order?
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6. Heard the arguments of both sides and perused the materials available on record.
7. My findings on the above points are as follows:
Point No.1 : In the Negative Point No.2 : As per final order for the following:
REASONS
8. Point No.1: The case of the prosecution is as discussed above. In support of the case of the prosecution, the prosecution examined CW.5 as PW.1. In the examination in chief PW.1 deposed that he has been worked as a Police Constable at Upparpet Police Station from 2012 to 2018. On 13.09.2018 himself and along with CW.7 and CW.8 went to the address of Accused No.1 located near RTO Mallathahalli at Demax Apartment, 1st Floor, House No.108, the Accused No.1 was there in the case. When they questioned him, they confirmed that he is the Accused and told him that he is an RMO in the Ayurveda, Unani Yoga and Prakriti Department and had not reported for duty. The CW.8 brought the Accused No.1 and the Accused No.1 had not reported for duty. PW.1 further deposed that CW.8 brought the Accused No.1 to the 9 CC.No.7708/2019 KABC030231862019 police station and identified the Accused No.1 who was present before the court. PW.1 further deposed that, the CW.9 given the statement before him. PW.1 cross examined by advocate for Accused No.1. In the cross examination in chief PW.1 deposed that, the CW.8 took them to find the Accused No.1. They did not given any written order to find the Accused. PW.1 further deposed that, they left the station at about 8.30 am., in a private vehicle, in the said address the CW.8 was spoken with Accused No.1. PW.1 denied the fact that the CW.8 was not went to the address of Accused No.1 and he did not traced the Accused No.1. PW.1 denied the fact that, they have brought the Accused No.1 for verification of the documents and arrested him.
9. In support of the case of the prosecution, the prosecution examined CW.1 as PW.2. In the examination in chief PW.2 deposed that he worked as a Registrar, Ayurveda and Unani Practices Board, Government of Karnataka from 10.08.2018 to 05.09.2020. PW.2 further deposed that, he know the Accused No.1 to 12 and identified the Accused persons. PW.2 in the further examination in chief deposed 10 CC.No.7708/2019 KABC030231862019 that, during the period when he was working as the Registrar, the Accused No.5 came to his office and wrote a letter to the District Ayush Officer on 02.01.2018 regarding the Registration confirmation, and told him that give your letter to the DHO. Later, when the letter were checked, when the original registration book of the Karnataka Ayurveda and Unani Medical Board was checked the registration number of the Accused No.5 was 8292 which was in the name of Dr.S.K.Jayaraju son of Krishnagowda, Tumkur, dated 15.02.1984, when the certificate of the Accused No.5 was checked, it was found to be fake. PW.2 further deposed that, when the Accused No.5 was questioned about this, the Accused No.5 told that, the previous Registrar, ie., the Accused No.1 who was a heridatory doctor, cheated him, and told him that, he could issue a certificate like this and took Rs.1,00,000/- from him and gave him a fake certificate. PW.2 further deposed that on 03.09.2018 he was received the complaint from Accused No.5. The said incident was told to his higher officer, they told him to talk with the police. 11 CC.No.7708/2019
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10. PW.2 further deposed that, the Accused No.1 misused his power by writing letters to the District Ayush Officer, Tumkur and DHO to issue a clinic license to the Accused No.5 by suppressing the contents of the registration book and preparing a fake certificate of registration in the name of Chowdappa, even though the name the Accused No.5 is not in the registration book. The said matter has been entered in the dispatched book and sent to the District.
11. PW.2 further examination in chief deposed that, the original Registration book of Karnataka Ayurveda and Unani Medical Board contains the name of Dr. Javed Hussain as Registration No.8679, dated 31.12.1984. Although the said name has been crossed out in the registration book, the said registration No.8679 is given to Dr. N. Yogananda by the Accused No.1 who created a fake registration certificate and forged the signature of the previous registrar Dr. Srinivas Verma for the said Yogananda and on 21.12.2018, the Accused No.1 sent a certificate from the Board's dispatch book dated 22.12.2017 to the District Ayush Officer, Tumkur District, Registration No.8679 stating that he is eligible to be 12 CC.No.7708/2019 KABC030231862019 registered under the practicing experience in our board and that he can be granted a clinic license under K.P.M.E.A.
12. PW.2 further examination in chief deposed that Karnataka Ayurveda and Unani Medical Board Original Registration Book Registration No.8977, dated 08.08.1985, the registration certificate was issued to Dr. Sarabappa Kori and despite knowing that, the Accused No.1 gave a fake registration certificate to Silaveri Diwakar and on 31.05.2018, the Accused No.1 sent a confirmation certificate from the board's dispatch book to the Bellary District Ayush officer stating that a clinic license can be issued under KPMEA. PW.2 further deposed that, the Karnataka Ayurveda and Unani Medical Board issued a registration certificate to Dr. G. Francis on 20.03.1985 as per registration No.8823 in the original registration and despite knowing that, the Accused No.1 gave a fake registration certificate to G.Lakshminarayana Reddy the (Accused No.10) and on 27.06.2018, he sent a confirmation certificate from the Board's dispatch book to the Bellary District Ayush Officer that a clinic license can be issued under KPMEA. PW.2 further deposed that, the 13 CC.No.7708/2019 KABC030231862019 Karnataka Ayurveda and Unani Medical Board issued a registration certificate to Dr. Smt. Puttamma on 31.12.1984 as per registration No.8672 in the original registration book, and despite knowing that, the Accused No.1 gave a fake registration certificate to K.S. Dinesh (Accused no.9) and on 27.03.2018, the Tumkur district Ayush officer sent a confirmation certificate from the board's dispatch book stating that a clinic license can be issued under KPMEA.
13. PW.2 further deposed that, the Karnataka Ayurveda and Unani Medical Board issued a registration certificate to Dr. Smt. Puttamma on 31.12.1984 as per registration number 8672 in the original registration book, and despite knowing that, the Accused No.1 gave a fake registration certificate to K.S. Dinesh (Accused No.9) and on 27.03.2018, the Tumkur District Ayush Officer sent a confirmation certificate from the board's dispatch book that a clinic license can be issued under KPMEA.
14. PW.2 further deposed that, the original registration book of Karnataka Ayurveda and Unani Medical Board has registration No.8753, which is in the 14 CC.No.7708/2019 KABC030231862019 name of someone else, the said page was torn out and a fake certificate was issued in the name of Ramanjaneya. The Accused No.1 created a fake registration certificate and forged the signature of the previous registrar, Dr. Srinivas Verma, for the said Ramanjaneya. On 06.10.2017, a request was taken from Ramanjaneya (Accused No.8) and as per this request, the documents were verified and his registration No.8753 is eligible to be registered under the practicing experience in our board and he can be granted a clinic license under K.P.M.E.A.
15. PW.2 further deposed that, the Accused No.1 has sent a confirmation certificate from the board's dispatch book to District AYUSH Hospital, Tumkur District on 06.10.2017. The Accused No.1 should have verified the letter received from the District AYUSH officers and then issued a confirmation letter. But the Accused No.1 has not followed any rule beyond the said rule.
16. PW.2 further deposed that, the original registration book of Karnataka Ayurveda and Unani Medical Board has registration No.8606, which is in the 15 CC.No.7708/2019 KABC030231862019 name of someone else, the said name has been erased with white ink and a fake certificate has been issued in the name of M.V. Nagaraju (Accused No.6) and the original registration certificate does not have the seal and signature of the registering officer. However, the Accused has created a fake registration certificate and given it to the Accused No.6.
17. PW.2 further deposed that, on 12.09.2017, a request was taken from the Accused No.6 and the documents as per this request were produced. On verification, his registration No.8606 and he is eligible to be registered under our board under practicing experience and he can be granted a clinic license under K.P.M.E.A. The Accused No.1 has sent a confirmation certificate from the board's dispatch book dated 12.09.2017 to District AYUSH Hospital, Tumkur District.
18. PW.2 further deposed that, the Accused No.1 has to check the letter received from the District AYUSH officers and then give the confirmation letter. But the Accused No.1 has not followed any rule beyond the said rule. PW.2 16 CC.No.7708/2019 KABC030231862019 deposed that the original registration book of Karnataka Ayurveda and Unani Medical Board has registration No.8941, which is in the name of someone else, and after applying white ink on it and erasing the said name, a fake certificate was issued in the name of Abdul Azim Ullah the Accused No.7 and the Accused No.1 created a fake registration certificate and forged the signature of the previous registrar Dr.Srinivas Verma for the said Accused No.7 and took a request from the Accused No.7 on 03.08.2018. According to this request, the documents were verified and his registration No.8941 is eligible to be registered under the practicing experience in our board and he can be granted a clinic license under K.P.M.E.A. PW.2 further deposed that, the Accused No.1 has sent a confirmation certificate from the board's dispatch book to the District AYUSH Hospital, Dharwad district on 03.08.2018. The Accused No.1 is supposed to verify the letter received from the District AYUSH officers and then issue a confirmation letter. But beyond the said rule, the Accused No.1 has not followed any rule. The original 17 CC.No.7708/2019 KABC030231862019 registration number of the Karnataka Ayurveda and Unani Medical Board No.7230, which is in someone else name, and has a white mark on it. The Accused No.1 created a fake registration certificate in the name of Nagayya Math the Accused No.4 and gave it to the Accused No.4 by forging the signature of the previous Registrar, Dr. Srinivas Verma. On 03.05.2018, a request was taken from the Accused No.4 and according to this request, the documents were verified and it was found that his registration No.7230 and he is eligible to be registered under the practicing experience in our board and he can be given a clinic license under K.P.M.E.A. A confirmation certificate was sent from the board's dispatch book on 03.05.2018. The Accused No.1 has sent it to the District Ayush Hospital, Dharwad district. The Accused No.1 has to check the letter received from the District Ayush officers and then given the confirmation letter. But the Accused No.1 has not followed any rule beyond the said rule.
19. PW.2 further deposed that, the original registration book of Karnataka Ayurveda and Unani 18 CC.No.7708/2019 KABC030231862019 Medical Board has registration No.7771. It is in someone else name, and after applying a liquid on it, the said name was erased and a fake certificate was issued in the name of Rajashekhar Thorgal the Accused No.3. The Accused No.1 created a fake registration certificate and gave the said Accused No.3 a fake signature of the previous registrar, Dr.Srinivas Verma. On 30.05.2018, a request was taken from the Accused No.3. According to this request, the documents were verified and his registration No.7771 is eligible to be registered under the practicing experience in our board and he can be granted a clinic license under K.P.M.E.A. PW.2 further deposed that, the Accused No.1 sent a confirmation certificate from the board's dispatch book to the District Ayush Hospital, Dharwad district on 30.05.2018. The Accused No.1 has to verify the letter received from the District Ayush officials and then issue a confirmation letter. But the Accused No.1 did not follow any rule beyond the said rule. In the original register book, the date of birth of the previous doctor of the said registration number was entered as 31.05.1916. The original 19 CC.No.7708/2019 KABC030231862019 registration book of the Karnataka Ayurveda and Unani Medical Board has registration No.8949, which is in the name of someone else, the said name has been erased with white liquid and a fake certificate has been issued in the name of Someshwar Shekharappa Kadadi the Accused No.12 by the Accused No.1, who has created a fake registration certificate and has given the said Accused No.12 a fake signature of the previous registrar, Dr. Srinivas Verma, on 17.04.2018. PW.2 further deposed that on 17.04.2018 a request was taken from the Accused No.12. According to this request, the documents were verified and his registration No.8949 is eligible to be registered under our board under Practicing Experience and he can be granted a clinic license under K.P.M.E.A.
20. PW.2 further deposed that, the Accused No.1 has sent a confirmation certificate from the board's dispatch book to the District Ayush Hospital, Gadag District on 17.04.2018. The Accused No.1 is supposed to verify the letter received from the District Ayush officers and then 20 CC.No.7708/2019 KABC030231862019 issue a confirmation letter. But beyond the said rule, the Accused No.1 has not followed any rule.
21. PW.2 further deposed that he has prepared a complaint regarding the above matter and submitted it to the Upparpete Police. From PW.2 complaint is marked as Ex.P.1 and the signature of the witness's as marked as Ex.P.1(a). PW.2 deposed that he will identify the Accused No.5 and 8, if he see them, he cannot identify the remaining Accused. The PW.2 has identified the Accused No.8 who is before the court. He has stated that there is no dispute regarding the identification of the Accused No.5. 11.09.2018 the information given to Upparpet police by the PW.2 is marked as Ex.P.2 and the signature of the witness is marked Ex.P.2(a), The letter dated 02.01.2018 is marked as Ex.P.3 and the signature of the witness at Ex.P.3(a), and the signature of the Accused No.1 is marked as Ex.P.3(b), the registration certificate of the Accused No.5 Chaudappa is marked as the Ex.P.4, and signature of the witness's is makred as Ex.P.4(a) and signature of the Accused No.1 is marked as Ex.P.4(b), the affidavit given by the Accused 21 CC.No.7708/2019 KABC030231862019 No.5 is marked as Ex.P.5 and Ex.P.5(a) is the signature of the witnesses, the copy of the registration No.8292 is marked as Ex.P.6 and the Ex.P.6(a) is the signature of the witness, the letter issued under K.P.M.E.A, is marked as Ex.P.7 and Ex.P.7(a) is the signature of the witnesses and Ex.P.7(b) is the signature of the witnesses, the certified copy of the certificate bearing registration No.8679 is marked as Ex.P.8 is and Ex.P.8(a) is the signature of the witness, the certified copy of the registration No.8679 is marked as Ex.P.9 and Ex.P.9(a) is the signature of witness, the letter issued under K.P.M.E.A is marked as Ex.P.10 and Ex.P.10(a) is the signature of the witness, Ex.P.10(b) is the signature of the Accused No.1, the certified copy of the certificate bearing registration No.8977 is marked as Ex.P.11 and signature of the witness is marked as Ex.P.11(a) is the signature of the witness, the certified copy of the registration No.8977 is marked as Ex.P.12 and Ex.P.12(a) is the signature of the witness, the letter given under the K.P.M.E.A is marked as Ex.P.13 and 13(a) is the signature of the witness, Ex.P.13(b) is the signature of the 22 CC.No.7708/2019 KABC030231862019 Accused No.1, the certified copy of the certificate of registration No.8823 is marked as Ex.P.14, the signature of the witness as Ex.P.14(a). The certified copy of the registration No.8823 is marked as Ex.P.15 and the signature of the witness as Ex.P.15(a), the letter issued under K.P.M.E.A is marked as Ex.P.16, the signature of the witness as Ex.P.16(a) and the signature of the Accused No.1 is marked as Ex.P.16(b), the certified copy of the Registration No.8672 is marked as Ex.P.17, the signature of the witness as Ex.P.17(a), the letter issued under K.P.M.E.A. is marked as Ex.P.18, the signature of the witness as Ex.P.18(a), and the signature of the Accused No.1 as Ex.P.18(b), the certified copy of the certificate bearing registration No.8753 is marked as Ex.P.19, the signature of the witness marked as Ex.P.19(a), the letter issued under the KPMEA is marked as Ex.P.20, the signature of the witness as Ex.P.20(a), and the signature of the Accused No.1 as Ex.P.20(b), the certified copy of the certificate of registration No.8606 is marked as Ex.P.21, the signature of the witness is Ex.P.21(a), the certified copy of 23 CC.No.7708/2019 KABC030231862019 of registration No.8606 is marked as Ex.P.22, the signature of the witness is Ex.P.22(a), the letter issued under K.P.M.E.A. is marked as Ex.P.23, the signature of the Accused No.1 is marked as Ex.P.23(a), the certified copy of the Registration No.8941 is marked as Ex.P.24 and the signature of the witness is Ex.P.24(a), the certified copy of the Registration No.8941 is marked as Ex.P.25, the signature of the witness marked as Ex.P.25(a), the letter issued under the KPMEA is marked as Ex.P.26, the signature of the witness marked as Ex.P.26(a), and the signature of the Accused No.1 marked as Ex.P.26(b), the certified copy of the certificate of registration No.7230 is marked as Ex.P.27, the signature of the witness marked as Ex.P.27(a), the certified copy of the registration No.7230 is marked as Ex.P.28, the signature of the witness marked as Ex.P.28(a), the letter issued under K.P.M.E.A. is marked as Ex.P.29, the signature of the witness marked as Ex.P.29(a), the signature of the Accused No.1 was marked as Ex.P.29(b), the certified copy of the certificate of registration No.7771 is marked as Ex.P.30, the signature of the witness 24 CC.No.7708/2019 KABC030231862019 marked as Ex.P.30(a), the certified copy of registration No.7771 is marked as Ex.P.31, the signature of the witness marked as Ex.P.31(a), the letter issued under K.P.M.E.A. is marked as Ex.P.32, the signature of the witness as Ex.P.32(a), the signature of the Accused No.1 is marked as Ex.P.32(b), the certified copy of the registration No.8949 is marked as Ex.P.33 and the signature of the witness was marked as Ex.P.33(a).
22. PW.2 further deposed that, the Accused No.1 is a Group-A officer and has defrauded the public and their board by not working responsibly and dereliction of duty. PW.2 further deposed that he is the familiar with all the Accused persons in this case and can identify them by sight and the Accused No.1, 8 and 2 will be before the court. he will recognize the remaining Accused if he see them. The lawyers for the Accused persons have stated that there is no problem in identifying the remaining Accused who were absent.
23. From PW.2 the spot panchanama is marked as Ex.P.34 and the signature of the witness's is marked as 25 CC.No.7708/2019 KABC030231862019 PW.34(a). PW.2 further deposed that, on 06.09.2018, CW.8 of Upparpete Police Station and two other policemen came to PW.2's office, as he showed the place, they conducted the spot panchnama till 10.45 to 11.30 am., CW.2 and 3 were also present at that time of mahazar, the witness identified the copy of his board's office note and said that the original document is in his office and he will produce it.
24. PW.2 further deposed that, he was presenting the office note of the Karnataka Ayurveda and Unani Medical Board, Bangalore, to the court, the said document is marked as Ex.P.35 and the signature of the witness's signature was marked as Ex.P.35(a).
25. PW.2 cross-examined by advocate for Accused. In the cross-examination PW.2 deposed that, he was appointed as a Medical Officer in the Karnataka Ayurveda and Unani Medical Board in 1998, and since then he has been working in the Ayush Department in the post of Medical Officer and the Karnataka Ayurveda and Unani Medical Board comes under the Ayush Department and he was served as a Registrar in the said Board and he was 26 CC.No.7708/2019 KABC030231862019 worked as a Registrar from 14.08.2018 to 05.09.2020 and he was worked before that too.
26. PW.2 further deposed that, the Unani Board has 18 directors, which means that as per the law, there should be 18 directors, but the said board did not exist when he was there. Then the Ayush Department The Administrative Officer was in charge of the financial condition of the Board. PW.2 denied the fact that, the officer of the K.A.S. grade has been appointed by the government to look after the said Board. PW.2 admits the fact that, the Registrar is always present in the Board and there is also an Act for the said Unani Board.
27. PW.2 further deposed that, it is true that if their board wants to file a complaint against any person, certain rules have to be followed. PW.2 denied the fact that he was to get the consent of my superiors and the board while filing the complaint. PW.2 denied the fact that the government has to give them authority to file a complaint as per Section 40(2) of their board law. PW.2 deposed that he acted as per the Government Order before filing the 27 CC.No.7708/2019 KABC030231862019 complaint against the Accused. PW.2 deposed that, it is true that a copy of the said order was not given to the police along with the complaint.
28. PW.2 further deposed that, it is true that, the Karnataka Private Medical Establishments Act is also related to the Ayush department. It is true that, for the services following Ayurveda or Unani medical system have to get a license under KPMEA. It is true that their board for giving authorization and recommendation in respect of the Ayurveda or Unani doctors. It is true that after the documents of any doctor are verified and approved by the DHO, the doctor can start practice. PW.2 denied the fact that, the District Committee also verify the documents and give the registration number to the doctors. PW.2 further deposed that, there is no process for making a resolution in the said committee. PW.2 deposed that, it is known how many doctors are practicing on the basis of the clinic license, the District Committee gives the clinic license on the basis of the application given by the said doctor. PW.2 further deposed that to get registered with our board, they 28 CC.No.7708/2019 KABC030231862019 have to provide the degree mark sheet and a certificate issued by the university. PW.2 further deposed that if they have completed the BAMS, BUMS, BNYS degree, they will register them with their board on the basis of that. PW.2 further deposed that, they have also registered with their board on the basis of practicing, which means that the witness replied that it could have been like that about forty years ago.
29. PW.2 further deposed that, it is true that the application has to be submitted at the reception of their board and the documents given there go before a person called the superintendent. It is true that they verify the said documents and place them before the registrar, it is true that the said superintendent and the registrar verify the documents and if they are correct, they give their consent for registration. It is true that till 2013, all the registers and documents of their board were written in handwriting. It is true that after 2016, they used to take the thumb impression of the candidate through bio-metrics and register them. It is true that from 2016, they were also 29 CC.No.7708/2019 KABC030231862019 doing renewal through bio-metrics. It is true that the registration done through the computer also has a serial number. It is true that there is a custodian for all the documents submitted by the candidates for registration. PW.2 further deposed that he know who the officers were in the board before he joined in the board. In 1994, there was an officer named Hanumegowda. Srinivas Verma were there before 1994 and Hanumegowda was there in 1997 to 1998. PW.2 further deposed that, it is true that he know the handwriting of the above officers and how they sign. It is true that he was never worked with the above officers. He he was taken charge of the party board on 14.08.2018, before he took the charge, the Accused No.1 was in charge. PW.2 further deposed that, generally, when taking the charge in Government Offices, all the items and documents are listed, that is correct. PW.2 denied the fact that the Accused No.1 gave the charge to him on 26.10.2018, and before that, he did not have any documents in his possession. The witness saw the official reminder about taking the chargea from the Accused No.1 and identified it, 30 CC.No.7708/2019 KABC030231862019 which is marked as Ex.D.1. It is correct that the Accused No.1 did not given any charge to him of his board from 14.08.2018 to 26.10.2018. When he was transferred, he filed an application with K.A.T. against it, but the witness replied that he had been transferred 18 times in 24 years, so he must have filed an application with K.A.T. sometimes and his superiors asked him the reason for giving a statement on a news channel without obtaining permission from their board regarding the said case. PW.2 further deposed that it is correct that a notice was issued and the witness saw the said show cause notice and identified it, which is marked as Ex.D.2.
30. PW.2 further deposed that, while filing the complaint, he was given all the documents related to the case to the police. PW.2 denied the fact that he filed the complaint with the documents on 04.09.2018, ie., when he had not yet taken charge of the board. PW.2 deposed that, it is true that he was not filed a complaint to take action against any fake doctors. The witness continues and replies that he was worked as per the government order and the 31 CC.No.7708/2019 KABC030231862019 documents. PW.2 denied the fact that, he was not submitted a copy of the government order with the complaint and he know on which date the Government Order came and to whom it came. PW.2 deposed that, usually, two thousand people register with their board every year. PW.2 deposed that, it is true that all the original documents from the inception of their board till now are with their board, when asked whether they verified the files every year or whether they verifies the files they got, the witness replied that they verified the files that were in front of him, when asked on what basis he filed a complaint against the Accused, the witness replied that he verified the office notes of their board and found out the registered tainted persons.
31. PW.2 denied the fact that, the Ex.P.35 that he produced in court today is not a complete office note for one year, Ex.P.35 is a certified copy of the copy he having with him, which means that the witness replies that it is an office copy and he have certified it himself. Further deposed that Ex.P.35 is in the handwriting of the Accused 32 CC.No.7708/2019 KABC030231862019 No.1 and 2 and the case worker. PW.2 denied the fact that the said note includes a statement to take action against the tainted. PW.2 denied the fact that, he was harboring hatred against the Accused No.1 after his arrival. PW.2 denied the fact that he did not provide any original documents to the investigating officer or the court with the complaint. PW.2 denied the fact that, he did not present the original registration book of the doctor to the court. PW.2 denied the fact that, he do not know which doctors were given registration numbers in which years. PW.2 deposed that, now the registrar is the custodian of the registration application and all the registers related to it. It is true that the witness replies that the matter in the note book was not brought to the notice of his superiors, so there is no need for it.
32. PW.2 further deposed that, it is true that there was a Departmental Enquiry (DE) against him in Chitradurga. PW.2 deposed that, when asked whether Dr. Chowdappa had submitted documents regarding his registration with his board, the witness replied that he had 33 CC.No.7708/2019 KABC030231862019 not registered and he could not remember the name of the doctor whose registration number was given to Chowdappa earlier. PW.2 denied the fact that the fake registration certificate and the original certificates with its serial number were not produced in the court while filing the complaint. PW.2 denied the fact that he did not produce the documents given by the Accused to their board.
33. PW.2 deposed that, it is true to suggest that, the Accused No.5 Chowdappa was not questioned before filing the complaint against him, it is true that all the Accused persons were not questioned after giving notice, it is true that the Accused's signature is not found on their documents. The police did not obtain his signature and handwriting sample for questioning. PW.2 denied the fact that he did not have any documents. PW.2 denied the fact that, the Accused persons studied, graduated from their board and became doctors. PW.2 denied that fact that he was made Accused those who opposed him in this case. 34 CC.No.7708/2019
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34. On 04.07.2023 in his further cross-examination PW.2 deposed that, all the documents of their department been computerized?, the witness has replied that some have been done and some have not been done and have not computerized all the certificates issued to the doctors. In this case, the certificates issued to the doctors in 1985 are fake. PW.2 deposed that, the certificates issued to the doctors by their department have serial numbers and have put in the ledger. PW.2 deposed that, when he filed the complaint, he was attached the said ledger regarding the certificates of 1985. PW.2 deposed that, since the supplementary documents renewed in 1997 were not given, there will be no renewal in their department and he was taken charge of the concerned department and branch on 14.08.2018 regarding this case. PW.2 deposed that the Accused No.1 took charge two weeks after he took charge. PW.2 denied the fact that he did not receive any documents and materials in his possession until he took charge, there are other people besides him on duty in the Ayushya office. PW.2 deposed that, it is true to suggest that, there are 35 CC.No.7708/2019 KABC030231862019 officers for maintaining the documents, it is true that there are officers for maintaining the documents of registered doctors and the files of the office. In that case, there must have been a superintendent of the office named Shadakshari and other outsourced employees. PW.2 denied the fact that, the documents that he was attached with the complaint were in the possession of Shadakshari. PW.2 deposed that, it is it true that he was to get permission from the departmental superiors to file any complaint. PW.2 denied the fact that he did not provide the original documents to the police when he was filed the complaint and the original document at Ex.P.8 was not provided because it was fake. It is true that the year 1985 mentioned in Ex.P.8. PW.2 deposed that, when the Ex.P.8 was filed in 1985, he had provided the documents in his complaint stating to whom it was originally given. PW.2 denied the fact that, he was not allowed to file the complaint for personal reasons with the Accused persons he had filed the complaint. PW.2 denied the fact that, there was a complaint against him regarding he was fabricated 36 CC.No.7708/2019 KABC030231862019 false documents, and an investigation is undergoing. PW.2 denied the fact that, he was filed this false complaint against the Accused persons since they are witnesses in the complaint against him. PW.2 denied the fact that, he had filed a false complaint against the Accused persons and giving false testimony even though the Accused persons have nothing to do with this case.
35. PW.2 cross-examined by advocate for Accused No.7, 10, 11 and 12 and further deposed that, it is true that doctors have been performing their duties as heridatory doctors since the past to till today. It is true that the Government has taken some steps to provide them with some basic facilities and to provide facilities for medical education to their children. It is true that Accused No.3 to 12 may be heridatory doctors. It is not true that heridatory doctors apply to their office to practice their profession. PW.2 denied the fact that the heridatory healers apply to their office for permission to practice medicine. PW.2 deposed that, the Ex.P.4 to P.32 documents given by their office, mean that the witness says that the Accused No.1 37 CC.No.7708/2019 KABC030231862019 given them. PW.2 denied the fact that, the said documents were given by their department as per the Government rules. PW.2 deposed that, himself verified the documents at Ex.P.4 to P.32 by their department. PW.2 deposed that, the signature of the Accused No.1 is not on the said documents, which means that the witness has said that it is in Ex.P.13 and other documents. PW.2 denied the fact that, he was lying out of enmity towards the Accused No.1. PW.2 deposed that, it is true to suggest that he saw the Accused No.3 to 12 for the first time in court during his chief examination. It is true that Accused Nos.3 to 12 did not alter any documents.
36. On 28.07.2023 in his further cross-examination PW.2 deposed that, PW.2 denied the fact now he was suspended. PW.2 deposed that, now he was working as a permanent medical officer at Ayurvedic and Unani Hospital, Gandhinagar, Bengaluru-09. PW.2 deposed that, it is true that he has been suspended twice and there is no departmental inquiry and the suspension order has been cancelled by the Government and he can't remember the 38 CC.No.7708/2019 KABC030231862019 date. PW.2 further deposed that, Accused No.5 came to their office in the month of August 2018 at around 01.30 pm. PW.2 deposed that, he did not inform his superiors that the Accused No.5's certificate was fake and his name was not in the records regarding the Accused No.5, but the said certificate was fake. PW.2 denied the fact that, he was lying that when he was the registration officer, the Accused No.5 came to him and asked him to give a letter to DH. PW.2 denied the fact that the Accused No.5 did not come to the office on the date he mentioned. PW.2 deposed that, he was given the complaint received from the Accused No.5 to the police. PW.2 deposed that, since it is not required according to the law, he did not inform his superiors about the complaint. PW.2 denied the fact that he did not interrogate the Accused No.5 and he was lying that he told him that the Accused No.1 received Rs.1,50,000/- from the Accused No.5 and given a fake certificate to the Accused No.5. PW.2 further deposed that, he was not filed a complaint with the police regarding the complaint received from the Accused No.5 on 03.09.2018. PW.2 further 39 CC.No.7708/2019 KABC030231862019 deposed that, he was not filed a complaint on that day as the documents need to be verified. PW.2 denied the fact that, he was giving false evidence against the Accused No.5 to protect himself. The advocate for other Accused persons adopted the cross-examination of PW.2.
37. In support of the case of the prosecution, the prosecution examined CW.4 as PW.3. In the examination in chief PW.3 deposed that, he doesn't the Accused No.1 to
12. PW.3 further deposed that, when the witness was shown the Ex.P.8, the witness said that it belongs to him. PW.3 deposed that, he had previously done the DAMP course in Andhra Pradesh, he was given Ex.P.8 on the basis of the said course. PW.3 further deposed that, Ex.P.8 was given to him by the registrar named Sharma from Bangalore about 20 years ago, but he do not know why he was given the Ex.P.8. PW.3 further deposed the police called him to the police station and got information about Ex.P.8 and he gave the statement to the police and he do not know for what purpose the police called him. PW.3 cross-examined by advocate for Accused No.1. In the 40 CC.No.7708/2019 KABC030231862019 cross-examination PW.3 deposed that, it is true that he do not have the original copy of Ex.P.8 and the Karnataka Ayurvedic and Unani Pharmacy Board did not give him the original copy of Ex.P.8 by post, he do not know who gave Ex.P.8 and where. The police have written his statement and he doesn't know the subject of the letter and he doesn't know why this case was registered against the Accused persons. Advocate for Accused No.2 to 12 adopts the cross-examination of PW.3 by advocate for Accused No.1.
38. In support of the case of the prosecution, the prosecution examined CW.9 as PW.4. In the examination in chief PW.4 deposed that, he was working as a PSI at Upparpete Police Station from 19.01.2019 to 11.07.2022. PW.4 further deposed that on 23.01.2019 he received the file of this case from PSI Sharanappa Sangalada and have continued the investigation. The previous investigating officers had submitted a request to obtain prior permission from the Government against the Accused No.1 and 2 as they were Government employees. PW.4 further deposed 41 CC.No.7708/2019 KABC030231862019 that, on 05.02.2019, the Under Secretary to the Government, Smt. B. Kamalamma, Health and Family Welfare Department, has granted prosecution sanction to submit the charge sheet against the said Accused No.1, the Honorable Court through higher officers. PW.4 further deposed that he has obtained the said sanction for prosecution on 25.02.2019 through the superiors and have submitted on 27.02.2019 the charge sheet filed against the Accused No.1 to 12 to the Honorable Court. PW.4 further deposed that the sanction granted by the Under Secretary to Government for filing the charge sheet against the Accused No.1, dated 05.02.2019 is marked as Ex.P.36, the signature of the witness marked as Ex.P.36(a). PW.4 cross- examined by advocate for Accused No.1. In the cross- examination by the Accused No.1 PW.4 deposed that, when he received the file from Sharanappa Sangalada, the record of sanction of prosecution against Accused No.1 and 2 was not in the file. PW.4 further deposed that, when he submitted the charge sheet, the original copies of the medical certificates were not there. PW.4 denied the fact 42 CC.No.7708/2019 KABC030231862019 that, he submitted a false charge sheet against Accused No.1 to 12 without conducting any thorough investigation. PW.4 denied the fact that, he submitted a false charge sheet against Accused No.1 to 12 who have no connection with the complaint.
39. PW.4 cross-examined by advocate for Accused No.3 to 12. In the cross-examination PW.4 deposed that, the Accused No.2 to 12 were not interrogated before filing the charge sheet. PW4 denied the fact that he filed a false charge sheet against Accused No.2 to 12 on the advice of his superiors.
40. In support of the case of the prosecution, the prosecution examined CW.8 as PW.5. In the examination in chief PW.5 deposed that, as a PSI in Upparpet police station from July 2016 to January 2019.
41. PW.5 further deposed that on 05.09.2018, when he was in the police station, the CW.1 came to police station and given a written complaint, received the same registered a case in Cr.No.237/2018 for offences punishable U/sec.465, 468, 471, 420 R/W Sec.34 of IPC 43 CC.No.7708/2019 KABC030231862019 and submitted the FIR to the Hon'ble court and his superior officer. PW.5 further deposed that, on 06.09.2018 conducted the spot mahazar at 10.45 am., to 11.30 am., in presence of CW.2 and 3 the place shown by the CW.1. On 08.09.2018 the Accused No.5 and 6 called to the police station and taken their voluntary statements. On the same day he was recorded the statement of Accused No.8.
42. PW.5 further deposed that on 12.09.2018 the CW.1 was provided the information asked for in writing for the investigation and has provided the documents.
43. PW.5 further deposed that the said documents are the registration in the name of the Dr. SK Jayaraju in the registrar of practice of Karnataka Ayurvidic Unani Practice Nurses Board, Original copy of Registration No.8292 and a certified copy of the fake registration certificate prepared by giving the said registration No.8292 to the Accused No.5 and the original copy of the recommendation letter given by the Accused No.1 to the District Ayush Officer, Tumkur, on the basis of the said fake registration certificate, regarding the eligibility for 44 CC.No.7708/2019 KABC030231862019 registration under KPMEA, acknowledgment letter given by the Accused No.5 to the police station regarding the loss of the original copy of the said fake registration certificate.
44. PW.5 further deposed that the original copy of the registration No.8679 in the name of Dr. Sheikh Javed Hussain in the Register of Practice of The Karnataka Ayurvedic Unani Practice Nurses Board and a certified copy of the fake registration certificate issued to Dr. M. Yogananda of the said registration No.8679 and the original Copy of the recommendation letter given by the Accused No.1 to the district Ayush officer, Tumkur, regarding Yogananda's eligibility for registration under the K.P.M.E.A.
45. PW.5 further deposed that the original copy of the registration No.8977 in the name of Dr. Sharabappa Kori in the Register of Practice of The Karnataka Ayurvedic Unani Practice Nurses Board and the certified true copy of the fake registration certificate issued to Dr. Shilaveri Diwakar of the said registration No.8977 and the original copy of the recommendation letter issued by the Accused No.1 to the 45 CC.No.7708/2019 KABC030231862019 District ayush Officer, Bellary, regarding Shilaveri Diwakar being eligible for registration under the K.P.M.E.A.
46. PW.5 further deposed that the original copy of the registration No.8823 in the name of Dr. G. Francis in the Register of Practice of The Karnataka Ayurvedic Unani Practice Nurses Board and a certified true copy of the duplicate registration certificate issued to Dr. G. Lakshmi Narayana Reddy of the said registration No.8823 and the said duplicate registration certificate, on the basis of the letter, the Accused No.1 submitted the original copy of the recommendation letter given by the District Ayush Officer, Bellary, to Dr. G. Lakshmi Narayana Reddy regarding her eligibility for registration under KPMEA.
47. PW.5 further deposed that the original copy of the registration No.8672 in the name of Dr. Smt. Puttamma in the Register of Practice of The Karnataka Ayurvedic Unani Practice Nurses Board. Original copy of the recommendation letter given by the Accused No.1 to the district Ayush officer, Tumkur, regarding Dr. Dinesh K.S. being eligible for registration under KPMEA, on the basis of 46 CC.No.7708/2019 KABC030231862019 the said registration number, The Karnataka Ayurvedic Unani Practice Nurse Board has registered a fake certificate of registration No.8753 in the name of Dr. Ramanjaneya D.A. and on the basis of the said fake certificate, the Accused No.1 has submitted to the District Ayush Officer, Tumkur, the original copy of the recommendation letter given to Dr. Ramanjaneya D.A. to be eligible for registration under KPMEA.
48. PW.5 further deposed that the original copy of the original name in the Register of Practice of the Karnataka Ayurvedic Unani Practice Nurse Board, registration No.8606, in which the name of Dr. M.V. Nagaraj has been over righted and the original copy of the fake registration certificate issued to Dr. M.V. Nagaraju of the said registration No.8606 and the original copy of the recommendation letter given by the Accused No.1 to the District Ayush Officer, Tumkur, regarding the eligibility of Dr. M.V. Nagaraj to get registered under KPMEA, on the basis of the said fake registration certificate, the original name in the Register of Practice of The Karnataka 47 CC.No.7708/2019 KABC030231862019 Ayurvedic Unani Practice Nurses Board, registration No.8941, has been over righted to read as Dr. Abdul Mulla Original copy and a certified true copy of the fake registration certificate issued to Dr. Abdul Azim Mulla bearing registration No.8941 and the original copy of the recommendation letter issued by the Accused No.1 to the District Ayush Officer, Dharwad, stating that Dr. Abdul Azim Mulla is eligible to be registered under KPMEA, on the basis of the fake registration certificate, the original copy of the original name in the Register of Practice of the Karnataka Ayurvedic Unani Practice Nurse Board, in which the name of Dr. Nagayya Siddalingaiah has been over righted and the original copy of the fake registration certificate issued to Dr. Nagayya Gachinamath of the said registration No.7230 and the original copy of the recommendation letter issued by the Accused No.1 to the District Ayush Officer, Dharwad, regarding the eligibility of Dr. Nagayya Gachinamath to be registered under the K.P.M.E.A. 48 CC.No.7708/2019 KABC030231862019
49. PW.5 further deposed that, the original copy of the original name in the Register of Practice of the Karnataka Ayurvedic Unani Practice Nurse Board, registration No.7771, in which the name of Dr. Rajashekar Toragal has been over righted and the original copy of the fake registration certificate issued to Dr. Rajashekar Toragal of the said registration No.7771 and the original copy of the recommendation letter issued by the Accused No.1 to the District Ayush Officer, Dharwad, regarding the eligibility of Dr. Rajashekar Toragal to be registered under the KPMEA, the Accused No.1, on the basis of the said fake registration certificate, over righted the original name in the Register of Practice of The Karnataka Ayurvedic Unani Practice Nurse Board under registration No.8949 and gave the original copy in the name of Dr. Somashekhar Shekharappa Kadadi and the said registration No.8949.
50. PW.5 further deposed that, he has entered the above documents in P.F.No.199/2018 as the original copy of the recommendation letter given by the Ayush authorities, Gadag, to Dr. Somashekhar Shekharappa 49 CC.No.7708/2019 KABC030231862019 Kadadi regarding his eligibility for registration under KPMEA.
51. PW.5 further deposed that, on 13.09.2018, the Accused No.1 was found by CW.5 to 7 and produced before him, and he has interrogated the said Accused No.1 and obtained his voluntary statement and on the same day he has produced him before the Hon'ble Court on the same day, he was obtained the statement of CW.5 to 7.
52. PW.5 further deposed that on 19.09.2018, he was issued police notice to CW.4 and Accused No.3, 7, 10 to 12 by post to appear for the hearing. On 28.09.2018 obtained the voluntary statements of the Accused No.7 and 12. On 01.10.2018 he was obtained the voluntary statements of Accused No.10 and 11.
53. PW.5 further deposed that on 02.10.2018, CW.4 appeared at the police station and gave a statement and produced a certified copy of the certificate of the Ayurvedic College, Tirupati, where he had received training, and a certified copy of the fake registration certificate given by the Accused No.1.
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54. PW.5 further deposed that on 20.10.2018, he has issued police notices to the Accused No.3 and 9 to appear for enquiry. On 02.11.2018, he has obtained the voluntary statement of the Accused No.9. On the same day, the Accused No.3 and 4 have obtained anticipatory bail from the Honorable Court and have appeared at the police station and obtained their voluntary statements, obtained suitable bail and released them. Since he was transferred on 15.01.2019, he was transferred the entire case file to PSI Sri. Sharanappa Sangalada for further investigation. From PW.5 the signature of the witness at Ex.P.1(b), the FIR is marked as Ex.P.37 and the witness signature is marked as Ex.P.37(a), the signature of the witness at Ex.P.34 is marked as Ex.P.34(b), the statements of the Accused No.5 and 6 are marked as Ex.P.38 and P.39 and the witness signatures is marked as Ex.P.38(a) and 39(a), the statement of the Accused No.8 is marked as Ex.P.40 and signature of the witness marked is Ex.P.40(a), if he look at the documents given by the complainant, he will identify them, they are already marked as Ex.P.4 to P.34, the voluntary 51 CC.No.7708/2019 KABC030231862019 statement of the Accused No.1 is marked as Ex.P.41 and signature of the witness marked as Ex.P.41(a), Ex.P.42 to P.44 are the statements of CW.5 to 7 and Ex.P.42(a) to 44(a) are the signatures of the witnesses, the voluntary statement of the Accused No.12 is marked as Ex.P.45 to Ex.P.48 and Ex.P.45(a) to P.48(a) are the signature of the witness, the voluntary statement of the Accused No.10 and 11 are marked as Ex.P.47 and P.48, and Ex.P.47(a) and 48(a) are the signature of the witness, Ex.P.49 is the statement of CW.4, Ex.P.49(a) is the signature of the witness, Ex.P.50 is the copy of certificate issued by the Gandhi Medical Institute, Ex.P.51 is the photocopy of forged document issued by Accused No.1, Ex.P.52 is the voluntary statement of Accused No.9, Ex.P.52(a) is the signature of the witness, Ex.P.53 and P.54 are the voluntary statements of Accused No.3 and 4, Ex.P.53(a) and P.54(a) are the signatures of the witnesses.
55. PW.5 further deposed that, the Accused whom he arrested and the Accused before the court are the same and 52 CC.No.7708/2019 KABC030231862019 the Accused No.8 was absent, the counsel for the Accused No.8 was not objected to the identification.
56. PW.5 cross-examined by advocate for Accused No.1. In the cross-examination, PW.5 deposed that, the date of the complaint given to him was 04.09.2018 and he stated that he received the complaint on 05.09.2018 and he was not given any written notice to the pancha witness. PW.5 further deposed that no items have been seized at the place of the crime through panchanama, the documents given by the complainant have came from the custody of the complainant. PW.5 further deposed that, he cannot tell that, originally who had the said documents in the office. The Accused No.1 has stated that he worked from 07.01.2016 to 13.08.2018 during his term of office. The Accused No.1 was not found out on which date the documents in his possession were given to the complainant.
57. PW.5 further deposed that, no one other than the complainant is working in the office and their statements have not been taken. PW.5 further deposed that, he has 53 CC.No.7708/2019 KABC030231862019 seized the original documents in connection with this case. PW.5 further deposed that he was produced the said documents along with the charge sheet. PW.5 denied the fact that, the original documents were not produced while submitting the charge sheet to the court. On 12.09.2018 the original documents were produced by CW.1. He did not taken the book of record of the original documents produced by complainant.
58. PW.5 denied the fact that, he did not intentionally seized the book of record of documents. The document contained in Ex.P.3 was written by the then Registrar Accused No.1 to the District Ayush Officer, Tumkur on 02.01.2018. The Accused No.1 himself has stated about the signature of the Accused No.1 in Ex.P.3 and the Ex.P.3 received from CW.1. PW.5 further deposed that the Accused No.1 says that he did not ask the officer who issued the Ex.P.3 about the authenticity of the said Ex.P.3, the Accused himself has admitted it. Since the Accused has admitted to the Ex.P.3.
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59. PW.5 denied the fact that he did not investigate further. PW.5 deposed that it is true that he did not sign the documents given by the complainant in relation to the receipt, he has not obtained any sample documents in relation to Ex.P.4, he has not inquired about who were the registrars from 1985 to 2018 and the complainant has given information about it. PW.5 further deposed that he was questioned people other than the information given by the complainant, he was not questioned any officials in relation to Ex.P.5. PW.5 further deposed that, he was not questioned the person to whom Ex.P.4 originally belonged. PW.5 further deposed that he cannot tell the name of the registrar as there is a signature in Ex.P.4 and he was not sent the documents given by the complainant to the forensic science laboratory, he was not obtained any sample signatures in relation to the signatures of the persons in Ex.P.4.
60. PW.5 deposed that, it is true that no scientific evidence has been found during his investigation that the documents are fake or fabricated documents, he was not 55 CC.No.7708/2019 KABC030231862019 obtained the relevant act of the Karnataka Ayurvedic Unani Practitioner Board. The prosecution sanction has been obtained against the Accused in relation to the case, he was not obtained any prosecution sanction during his investigation. PW.5 further deposed that the investigating officers after he was obtained the sanction. Since he was been transferred, he was transferred the file to PSI Shri Sharabasappa Sangalada. He was not visited the various places given by the complainant and inquired about the public being inconvenienced by the said persons. PW.5 denied the fact that, he was filed a false charge sheet here without thoroughly inquiring and investigating the Accused along with the complainant. PW.5 denied the fact that, he was not collected the departmental rules. PW.5 denied the fact that, the complainant has kept the pre-arranged and produced the documents. PW.5 denied the fact that, none of the Accused have appeared before him and have given any statement. PW.5 denied the fact that, the Accused have no connection with this case and he was filing a false case and giving false testimony even though the Accused 56 CC.No.7708/2019 KABC030231862019 have not done anything wrong. PW.5 denied the fact that, the Accused No.2 to 12 have not produced any documents. PW.5 denied the fact that, he was not summoned the Accused No.2 to 12 for questioning and no notice has been given to the Accused No.2 to 12. The advocate for Accused No.2 to 12 adopted the cross-examination of PW.5 by advocate for Accused No.1.
61. On perusal of the evidence on record it is seen that CW.1 who is examined as PW.2. The main allegation against the Accused No.1 is that, he has created the fake certificate in the name of Accused No.3 to 12 colluding with Accused No.2. The documents in the name of Accused No.2 to 12 are not original one and neither the Investigation Officer nor the complainant given the originals of the same. Even the evidence of CW.1 doesn't discloses the fact that the Accused No.1 has created the fake documents in the name of Accused No.3 to
12. Even the Ex.P.4, P.8, P.11, P.14, P19, P21, P,24, P.27, P.30 and P.33 doesn't discloses the fact that the Accused No.1 has created the fake documents which are in question. There is no independent witnesses to show that the Accused No.1 57 CC.No.7708/2019 KABC030231862019 has created the documents along with the Accused No.2 to 12. Even there is no departmental enquiry under in respect of alleged creation of documents alleged to be created by the Accused No.1. The evidence of PW.2 doesn't discloses the fact that the Accused No.1 and 2 have committed the alleged offences.
62. Even the evidence of PW.1 discloses that there was some vengency among CW.1, the complainant and the Accused No.1. The evidence of PW.2 doesn't discloses the fact that, the Accused No.1 has committed the alleged offences in collugen with the Accused No.2 to 12. Even the evidence of PW.2 doesn't discloses the fact that, the permission has been accorded to the PW.2 for lodging the complaint without proper justification and without the written orders from the superior authority, the complainant lodged the complaint. Even there is no preliminary enquiry conducted by the authority against the Accused. None conducting of deparmental enquiry gives the doubt regarding the fact that, the Accused No.1 has committed the alleged offences by colluding the Accused No.2 to 12. Even the Accused No.1 is not the proper person to give 58 CC.No.7708/2019 KABC030231862019 the certificates to the Accused No.3 to 12 without the proper verification of the doctors. There is no whisper regarding the fact that, when and who has created the documents in the name of Accused No.2 to 12. The evidence of PW.2 doesn't discloses the fact that, the Accused No.2 involved and created the documents by colluding with Accused No.1 and Accused No.2 to 12 respectively.
63. Even the evidence of PW.1 doesn't discloses the fact that the Accused No.1 demanded Rs.1,50,000/- from Accused No.5. There is no complaint to that effect. If the documents are created by Accused No.1 then the department would have taken the necessary action by conducting the departmental enquiry, it is not done so in the instant case. Which gives the reasonable doubt regarding the creation of the documents by the Accused No.1. There is a discrepancy in the taking over of the charge by the complainant, which again gives the reasonable doubt regarding the fact that the Accused No.1 to 12 colluded with each other and created the documents and committed the alleged offences. There is no proof to show that in whose custody the documents were their and who has 59 CC.No.7708/2019 KABC030231862019 created the documents. There is a contradictory evidence in respect of the sanction accorded by Smt. B. Kamalamma. The evidence of PW.1 discloses the fact that he was deputed for search of the Accused No.1.
64. The evidence of PW.3 discloses the fact that he doesn't know regarding the contents of Ex.P.8 which is standing in hi name and what purpose it has been given. The evidence of PW.3 discloses that Ex.P.8 the certificate which has been granted to him by the then registrar Sharma. Which again gives the reasonable doubt regarding the fact that the Accused No.1 has created the documents.
65. The evidence of PW.4 discloses that he has filed the charge sheet against the Accused No.1 to 12 after availing the sanction to prosecute the Accused No.1 and 2. The evidence of PW.4 discloses that at the time of filing of the charge sheet the sanction was not there in the file. The CW.8 who is the Investigation Officer examined as PW.5, his evidence discloses the fact that, he has recorded the statements of Accused No.3 to 12 and collected the documents from the complainant. Even the evidence of PW.5 doesn't discloses the fact in respect 60 CC.No.7708/2019 KABC030231862019 of creation of documents there is no FSL report and there is no proper evidence to believer the version of the complainant regarding creation of the documents by the Accused No.1 and 2 in the name of Accused No.3 to 12. Even there is no evidence to show that the Accused No.1 and 2 created the documents in the name of Accused No.3 to 12. Even the Investigation Officer has not gone for comparison of the signatures and no proof to show that the Accused No.1 to 12 colluded with each other and created the documents. There is no proof of demanding and taking of the money by the Accused No.1 as alleged in the evidence.
66. On careful perusal of the documents on record it is seen that, author of the created documents is not traced out. Even inspite of issuance of the summons to CW.2 and 3 who are the crutial witnesses, who are panchas have not been examined, which gives doubt regarding the fact that the Accused No.1 to 12 have committed the alleged offences. None examination of CW.2 and 3 which dilute the trial and which gives the benefit of doubt to the Accused No.1 and 12 and the Accused No.1 to 12 entitle for the same. The 61 CC.No.7708/2019 KABC030231862019 prosecution given up the CW.6 and 7, though they are necessary for proper trial, their evidence is also very essential in order to prove the case in hand. No independent witnesses have been examined in order to prove the guilt of the Accused No.1 to 12. There is no proof regarding the correctness of the documents as the prosecution has failed to produce the original documents which are alleged to be created. The prosecution even not examined any of the witnesses in whose name the documents were standing, which again gives the reasonable doubt regarding creation of the documents by the Accused No.1. The Accused No.3 to 12 have not given any certificate to practice on the basis of the alleged created documents. It is seen that the Accused No.2 to 12 are hailing from the heredity doctors family. The entire case papers reveals that there is no departmental enquiry conducted by the department against the Accused No.1 and 2, which again gives the doubt regarding the fact that the Accused No.1 and 2 created the documents as alleged in the complaint in the name of Accused No.3 to 12. Even the documents which are alleged to be created not bearing the signature of the Accused 62 CC.No.7708/2019 KABC030231862019 No.1 and 2, which again gives the reasonable of doubt. Neither the Investigation Officer nor the complainant produced the original fake certificates standing in the name of the Accused No.2 to 12 as contended in the complaint. There are lack of evidence to hold that the Accused No.1 to 12 have committed the alleged offences, there is no proof to show that the Accused No.1 created the fake documents, there is a doubt regarding the fact that he has created the documents the author of the created documents is not traced out. In the instant case, the prosecution has to prove the alleged guilt of the Accused No.1 to 12 beyond reasonable doubt. In the instant case the evidence on record reveals that there is a doubt regarding the fact that, the Accused No.1 and 2 colluded with Accused No.3 to 12 created the documents as contended in the complaint, in the absence of cogent evidence against the Accused No.1 to 12. The prosecution has to prove the alleged guilt of the Accused beyond reasonable doubt. In the instant case there is a doubt regarding the fact that the Accused No.1 to 12 have committed the alleged offences as alleged in the complaint and charge sheet. The prosecution 63 CC.No.7708/2019 KABC030231862019 has failed to prove the accusation made against the Accused No.1 to 12. Under these circumstances, the Accused No.1 to 12 are entitled for benefit of doubt, the Accused No.1 to 12 are deserves to be acquitted. In the light of the above reasons, I answer point No.1 in the Negative.
67. Point No.2: As I have answered Point No.1 in Negative, I proceed to pass the following:
ORDER Exercising Powers U/sec 248(1) of Cr.P.C., Accused No.1 to 12 is here by acquitted for the offences punishable U/sec.466, 474, 201, 420, 120(B) R/W Sec.34 of IPC.
The bail bond of the Accused No.1 to 12 and their surety shall continue till expiry of appeal period.
(Dictated to the stenographer, on computer, computerized and print out taken by her, corrected, signed by me in the open court on this 26th day of September, 2025) (Vijaykumar.S. Jatla) V ACJM, Bangalore 64 CC.No.7708/2019 KABC030231862019 ANNEXURE
1. List of Witnesses examined on behalf of the prosecution.
P.W.1 - Sri. Mohammad Arif Pasha
P.W.2 - Dr. Venkataramaiah
P.W.3 - Sri. Yogananda.N
P.W.4 - Sri.Umesh
P.W.5 - Sri. Shivananda Gudaganatti
2. List of the documents marked on behalf of prosecution Ex.P.1 Complaint Ex.P.1(a) Signature of the witness Ex.P.1(b) Signature of the witness Ex.P.2 Information dated 11.09.2018 Ex.P.2(a) Signature of the witness Ex.P.3 Letter by Accused to District Ayush Officer, Tumkur Dated:02.01.2018 Ex.P.3(a) Signature of the witness Ex.P.3(b) Signature of the witness Ex.P.4 Registration certificate of Accused No.5 Ex.P.4(a) Signature of the witness Ex.P.4(b) Signature of the witness Ex.P.5 Registration given by the Accused Ex.P.5(a) Signature of the witness Ex.P.6 Original Copy of register No.8292 Ex.P.6(a) Signature of the witness Ex.P.7 Letter issued under KPMEA Ex.P.7(a) Signature of the witness Ex.P.8 & P.9 Certified copy of certificate bearing register No.8679 Ex.P.8(a) & P.9(a) Signature of the witness Ex.P.8(b) & P.9(b) Signature of the witnesses 65 CC.No.7708/2019 KABC030231862019 Ex.P.10 Letter under KPMEA Ex.P.10(a) Signature of the witness Ex.P.10(b) Signature of the witness Ex.P.11 & P.12 Certified copy of the original book bearing registration No.8606 Ex.P.11(a) Signature of the witnesses Ex.P.12(a) Signature of the witness Ex.P.13 Letter under KPMEA Ex.P.13(a) Signature of the witnesses Ex.P.13(b) Signature of the witnesses Ex.P.14 & P.15 Certified copy of the original book bearing registration No.8823 Ex.P.14(a)&P.15(a) Signature of the witnesses Ex.P.16 Letter under KPMEA Ex.P.16(a) Signature of the witnesses Ex.P.16(b) Signature of the witnesses Ex.P.17 Certified copy of the original book bearing registration No.8673 Ex.P.17(a) Signature of the witness Ex.P.18 Letter under KPMEA Ex.P.18(a) Signature of the witness Ex.P.18(b) Signature of the witness Ex.P.19 Certified copy of the original book bearing registration No.8753 Ex.P.19(a) Signature of the witness Ex.P.20 Letter under KPMEA Ex.P.20(a) Signature of the witness Ex.P.20(b) Signature of the witness Ex.P.21-22 Certified copy of the original book bearing registration No.8606 Ex.P.21(a)&P.22(a) Signature of the witnesses Ex.P.23 Letter under KPMEA Ex.P.23(a) Signature of the witness Ex.P.24-25 Certified copy of the original book bearing 66 CC.No.7708/2019 KABC030231862019 registration No.8941 Ex.P.24(a)&P.25(a) Signature of the witnesses Ex.P.26 Letter under KPMEA Ex.P.26(a) Signature of the witness Ex.P.26(b) Signature of the witness Ex.P.27-28 Certified copy of the original book bearing registration No.7230 Ex.P.27(a) Signature of the witnesses & P.28(a) Ex.P.29 Letter under KPMEA Ex.P.29(a) Signature of the witness Ex.P.29(b) Signature of the witness Ex.P.30-31 Certified copy of the original book bearing registration No.7771 Ex.P.30(a) Signature of the witnesses & P.31(a) Ex.P.32 Letter under KPMEA Ex.P.32(a) Signature of the witness Ex.P.32(b) Signature of the witness Ex.P.33 Certified copy of the original book bearing registration No.8949 Ex.P.33(a) Signature of the witnesses Ex.P.34 Spot Mahazar Ex.P.34(a) Signature of the witnesses Ex.P.35 Office note Ex.P.35(a) Signature of the witnesses Ex.P.36 Proceedings of Karnataka Government Ex.P.36(a) Signature of PW.1 Ex.P.37 FIR Ex.P.37(a) Signature of witness Ex.P.38 - P.41 Self statements of Accused Ex.P.38(a) to Signature of witness P.41(a) Ex.P.42 to P.44 The statements of PW.5 67 CC.No.7708/2019 KABC030231862019 Ex.P.42(a) to Signature of witness P.44(a) Ex.P.45 to P.48 Self statements of Accused Ex.P.45(a) to Signature of witness P.48(a) Ex.P.49 The statement of PW.3 Ex.P.49(a) Signature of the witness Ex.P.50 Diploma Certificate of PW.3, issued by Gandhi Medical Institute Ex.P.51 Certificate of Registration of PW.3, issued by The Karnataka Ayurveda and Unani Practitioners Board Ex.P.52 to P.54 The self statement of Accused Ex.P.52(a)toP.54(a) Signature of the witness
3. List of the witnesses examined for defence.
-NIL-
4. List of the Documents exhibited for defence Ex.D.1 Official Reminder Ex.D.2 Show cause Notice
5. List of the articles marked in the evidence . Digitally signed
-NIL- by VIJAYKUMAR
VIJAYKUMAR S JATLA
S JATLA Date:
2025.10.04
11:14:53 +0530
(Vijaykumar.S. Jatla)
V ACJM, Bangalore