Bangalore District Court
Bajeesh Mon N T vs Mubarak on 23 December, 2024
KABC030852382015
Presented on : 30.12.2015
Registered on : 30.12.2015
Decided on : 23.12.2024
Duration : 08y/11m/23days
IN THE COURT OF XLI ADDL. CHIEF JUDICIAL
MAGISTRATE, AT : BENGALURU
PRESIDED OVER BY TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B.,
XLI Addl. Chief Judicial Magistrate
Bengaluru
Dated on this 23rd day of December 2024
C.C.No.30557/2015
COMPLAINANT : The State by
Cubbon Park Police Station
-V/s-
ACCUSED : 1. Mubarak
S/o. Nasir Ahmed,
Aged 19 years, R/at. No.56,
9th cross, Padarayanapura,
Jagajeevanram Nagar, Bengaluru.
2. Yogaraj
S/o. Lingaiah,
Aged 34years, R/at. No.50,
8th cross, Agrahara Dasarahalli,
Magadi Road, Bengaluru.
Date of Commission of 17.03.2014
2 C.C.No.30557/2015
offence
Date of report 18.03.2014
Date of arrest On 24.05.2017, the accused No.1
and 2 appeared before the Court
and got enlarged themselves on
bail.
Name of the complainant Brijesh Mon N T
Date of commencement of 19.02.2019
recording Evidence
Date of closing evidence 26.11.2024
Offences complained of U/Sec.379, 420, 465, 467, 468, 471,
473 r/w 34 of IPC.
Opinion of the Judge As per final orders
State Represented by Senior Asst.Public Prosecutor
Accused Represented by Sri.K.Elangovan -Advocate.
JUDGMENT
[Delivered on 23.12.2024]
The PSI of Cubbon Park PS has filed charge sheet against the
accused for the offences punishable U/Sec.379, 420, 465, 467, 468,
2. Brief facts of prosecution case is as follows:
The accused No.1 stolen Hero Honda Splendor motor cycle
bearing No.KL.13.L.1016 of CW.1 on 17.03.2014 in the afternoon,
which was parked in the parking area of St. Marks Road,
3 C.C.No.30557/2015Bengaluru and handed over the same to accused No.2. In turn, the
accused No.2 with an intention to cheat the general public
changed its number as KA.07.K.5841, created a RC book by
tallying to its chassis and engine number, sold it to CW.6 for
money, cheated him, used the forged RC book as a genuine
document knowing fully well that, it is a forged document and
changed the number plate of the vehicle with an intention to forge
the document. On the basis of written information given by
CW.1, the Cubbon Park police have registered this case against
the accused in Cr.No.49/2014.
3. After the investigation, the IO filed charge sheet against the
accused. This Court has taken cognizance of the offences
punishable U/Sec.379, 420, 465, 467, 468, 471, 473 r/w 34 of IPC.
4. In response to the service of summons, on 24.05.2017, the
accused No.1 and 2 appeared before the Court and got enlarged
themselves on bail. This Court complied with Sec.207 of Cr.P.C.,
and furnished charge sheet copies to the accused.
4 C.C.No.30557/2015
5. This Court heard both the parties. As there were no grounds
to discharge the accused, this Court framed charges for the
offences punishable U/Sec.379, 420, 465, 467, 468, 471, 473 r/w 34
of IPC. The accused did not plead guilty. They claimed to be tried.
6. In order to prove its case, the prosecution got examined 5
witnesses as PW.1 to 5 and got marked Ex.P.1 to 12 documents.
After completion of prosecution side evidence, the statements of
the accused were recorded U/Sec.313 of Cr.P.C., wherein they
denied the incriminating evidence led against them. They did not
choose to lead their defense evidence.
7. I have heard the arguments of Senior APP and Sri. K.E
Advocate.
8. On the basis of allegations made against the accused, the
following points arise for my consideration:
1. Whether the prosecution proves beyond
all reasonable doubt that, the accused No.1
in furtherance of common intention stolen
Hero Honda Splendor motor cycle bearing
5 C.C.No.30557/2015No.KL.13.L.1016 of CW.1 on 17.03.2013 in
the afternoon, which was parked in the
parking area of St. Marks road, Bengaluru
and handed over the same to accused No.2
and thereby they have committed the
offence punishable U/Sec.379 R/w 34 of
IPC?
2. Whether the prosecution proves beyond
all reasonable doubt that, on the aforesaid
date, time and place, the accused in
furtherance of common intention changed
the number of the motor cycle as
KA.07.K.5841, cheated general public and
thereby they have committed the offence
punishable U/Sec.465 r/w 34 of IPC?
3. Whether the prosecution proves beyond
all reasonable doubt that, on the aforesaid
date, time and place, the accused in
furtherance of common intention created a
RC book by tallying to the chassis and
engine number of the motor cycle and
6 C.C.No.30557/2015thereby they have committed the offence
punishable U/Sec.467 r/w 34 of IPC?
4. Whether the prosecution proves beyond
all reasonable doubt that, the accused in
furtherance of common intention, created
RC book for the purpose of cheating and
thereby they have committed the offence
punishable U/Sec.468 r/w 34 of IPC?
5. Whether the prosecution proves beyond
all reasonable doubt that, on the aforesaid
date, time and place, the accused in
furtherance of common intention
dishonestly sold the stolen motor cycle to
CW.6 for money and thereby they have
committed the offence punishable
U/Sec.420 r/w 34 of IPC?
6. Whether the prosecution proves beyond
all reasonable doubt that, on the aforesaid
date, time and place, the accused in
furtherance of common intention, used the
forged RC book as a genuine document
knowing fully well that, it is a forged
7 C.C.No.30557/2015document, handed over the same to CW.6
and thereby they have committed the
offence punishable U/Sec.471 r/w 34 of
IPC?
7. Whether the prosecution proves beyond
all reasonable doubt that, on the aforesaid
date, time and place, the accused in
furtherance of common intention, changed
the number plate of the motor cycle with an
intention to forge the document and
thereby they have committed the offence
punishable U/Sec.473 r/w 34 of IPC?
8. What order?
9. My answers to the above points are as under:
Point No.1 : In Negative
Point No.2 : In Negative
Point No.3 : In Negative
Point No.4 : In Negative
Point No.5 : In Negative
Point No.6 : In Negative
Point No.7 : In Negative
Point No.8 : As per final orders for the following:
8 C.C.No.30557/2015
REASONS
Point No.1 to 7: As all these points are interrelated, I take all the
seven points together for common discussion to avoid repetition.
10. The burden is casted on the prosecution to prove that, the
accused No.1 in furtherance of common intention stolen Hero
Honda Splendor motor cycle bearing No.KL.13.L.1016 of CW.1
on 17.03.2014 in the afternoon, which was parked in the parking
area of St. Marks road, Bengaluru and handed over the same to
accused No.2, they changed the number of the motor cycle as
KA.07.K.5841, created RC book by tallying to the chassis and
engine number of the motor cycle for the purpose of cheating,
dishonestly sold the stolen motor cycle to CW.6 for money, used
the forged RC book as a genuine document knowing fully well
that it is a forged document, handed over the same to CW.6 and
changed the number plate of the motor cycle with an intention to
cheat.
9 C.C.No.30557/2015
11. In order to prove its case, the prosecution got examined the
complainant/CW.1 as PW.1, circumstantial witness/CW.10 as
PW.2, the officer who arrested the accused No.2 /CW.12 as PW.3,
circumstantial witness/CW.11 as PW.4 and investigation
officer/CW.15 as PW.5 and got marked written
information/complaint as Ex.P.1, spot mahazar as Ex.P.2,
photographs of the motor cycle as Ex.P.3 and 4, indemnity bond
as Ex.P.5, portion of the statement of PW.2 as Ex.P.6, report
given by PW.3 as Ex.P.7, portions of the statement of PW.4 as
Ex.P.8, 9, FIR as Ex.P.10, letter of PSI of Jagajeevanram Nagar
police station as Ex.P.11 and fabricated RC as Ex.P.12.
12. CW.1/PW.1 – Brijesh Mon, in his evidence has stated that, he
owned Hero Honda Splendor motor cycle bearing
No.KL.13.L.1016. On 17.03.2014 he had been to his office by
parking his motor cycle in front of Koshish restaurant at St. Marks
road. After completion of his work, when he returned to the spot
at 7p.m., he did not find his bike. He searched for his bike, but he
10 C.C.No.30557/2015could not find it. Hence, on the next day, he gave Ex.P.1
complaint to the police. Subsequently, the police visited the spot
and drawn Ex.P.2 mahazar. After a lapse of 6 months, the
Jagajeevanrao Nagar police called him to the station, where they
showed his bike. He noticed the number plate of his bike is
changed. The police showed the accused No.1 and told that, he
had stolen his bike. By executing an indemnity bond, he has taken
the bike to his interim custody. Ex.P.3 and 4 are the photographs
of his motorcycle.
13. CW.10/PW.2 – Govindaraju, in his evidence has stated that,
he is not acquainted with the accused. The police did not enquire
him. He has not given any statement to the police.
14. CW.11/PW.4 – Muniswamy, in his evidence has stated that,
he does key making and lock repair work from the last 34 years
near the toll gate of Magadi road. He is acquainted with the
accused No.2 as, he was getting the keys done from him by
stating that he does dealings of two wheelers. In the year 2014 one
11 C.C.No.30557/2015day, the J.J.Nagar police called him to the station, where the
accused No.2 and 2-3 other offenders were there. The police
enquired about accused No.2 and hence, he admitted that he had
given keys prepared as he told him that, he is a dealer of two
wheelers. The police informed him that, the accused has stolen
bikes by getting keys prepared from him. The police did not show
the keys prepared by him.
15. CW.12/PW.3-Gajendra, in his evidence has stated that,
while he was working as head constable at Cubbon park police
station, the CW.14 had deputed him and CW.13 to trace out the
accused of Cr.No.122/2014. They contacted the informants and by
getting information from them, they arrested accused No.2 by
name Yogaraj from Agrahara, Dasarahalli and produced him
before the CW.16 at 10.30a.m. Accordingly, he gave Ex.P.7 report
to the IO.
16. CW.15/PW.5 – C.A.Manjappa in his evidence has stated
that, while he was working as PSI at Cubbon Park police station,
12 C.C.No.30557/2015on 18.03.2014 at 9.20a.m., the PW.1 came to their station and
gave Ex.P.1 complaint. On the basis of which, he registered
Ex.P.10 – FIR. Along with the complaint, the PW.1 had furnished
the copies of RC and insurance policy of his motor cycle. On the
same day at 10.30 a.m., he visited the spot, which was showed by
PW.1 and drawn Ex.P.2 mahazar till 11.30a.m., in the presence of
CW.2 and CW.3. On 20.11.2014, the PSI of J.J.Nagar police station
forwarded KA.07.K.5841 Hero Honda Splendor + motor cycle, its
duplicate RC/Ex.P.12 and 16 documents with Ex.P.11 letter. By
completing the investigation, he filed charge sheet against the
accused.
17. On the basis of Ex.P.1 written information given by PW.1,
the Cubbon park police have registered this case, investigated the
matter and filed charge sheet against the accused. In Ex.P.1, the
PW.1 has stated that, he owned KL.13.L.1016 Hero Honda
Splendor motorcycle, which he had parked near Koshish
Restaurant at St. Marks road on 17.03.2014 at 10.30 a.m. After
13 C.C.No.30557/2015finishing his work at 9p.m., when he returned near the restaurant,
he did not find the motorcycle. Hence, he gave Ex.P.1 complaint
to the police and asked them to take necessary legal action against
the offender and trace his motor cycle.
18. As per the contents of Ex.P.1, the alleged incident took place
on 17.03.2014 after 10.30a.m and before 9p.m. In order to
ascertain the correctness of the allegations made against the
accused, this court had issued repeated summons, non bailable
warrants and proclamations against CW.2 to 9. Inspite of it, the
prosecution has not secured the presence of those witnesses. By
noting the absence of the witnesses and age of the case, this court
dropped them from examination.
19. The PW.5 being the IO, did not explain the mahazer under
which, KA.07.K.5841[duplicate number] motor cycle was seized.
No signatories to seizure mahazer i.e., pancha witnesses appeared
before the Court to say that, they have seen the police seizing
14 C.C.No.30557/2015
motor cycle and its number plate was changed as KA.07.K.5841
from KL.13.L.1016.
20. Though the prosecution contends that, the accused sold the
motor cycle to CW.6 for money by changing its number plate and
fabricating RC book, the CW.6, the so-called purchaser has not
appeared before the Court to say that, he had purchased the
motor cycle from the accused for money. In order to say that the
accused have changed the number plate of Hero Honda Splendor
motorcycle from KL.13.L.1016 to KA.07.K.5841 by fabricating
Ex.P.12 RC and thereby cheated CW.6 and general public, the IO
has not collected original RC of that motorcycle so as to compare
the chassis number and engine number of that vehicle with
chassis number and engine number mentioned in Ex.P.12
fabricated RC.
21. In the present case, though the prosecution contends that,
the accused No.1 stolen the motorcycle from the parking area of
Koshish restaurant, St. Marks road on 17.03.2014 and handed
15 C.C.No.30557/2015
over the same to accused No.2 and in turn they created forged
RC, changed the number plate of the motorcycle and with an
intention to cheat the general public, they have sold the
motorcycle to CW.6 for money and used the fabricated RC as
genuine document, it has not produced cogent evidence before
the Court to show that, the accused No.1 and 2 are the creators of
Ex.P.12/ RC.
22. The IO did not effectively investigate the matter to know
where the duplicate number plate was created and where Ex.P.12-
RC was printed. The prosecution contends that, KA.07.K.5841
motor cycle was seized by Jagajeevanram Nagar police. As per
true copy of mahazer dated:08.08.2014, that motor cycle was
seized in the presence of CW.4 to 6. But, none of the pancha
witnesses appeared before the Court to say that, they have seen
the police seizing KA.07.K.5841 motor cycle by drawing mahazer
in their presence.
16 C.C.No.30557/2015
23. The PW.1 in his chief examination has stated that, the
Jagajeevanram police called him to the station, showed accused
No.1 and told that, he had stolen his motor cycle. According to
PW.1, he had been to Jagajeevanram police station on 22.09.2014,
where he identified his motor cycle and seen the accused No.1.
The PW.5 being the IO did not produce any cogent documents
before the Court to hold that, the accused No.1 was in the custody
of Jagajeevanram police on 22.09.2014, when the PW.1 allegedly
visited the police station.
24. Though the PW.3 contends that, he along with CW.13 had
arrested accused No.2 from Agrahara, Dasarahalli, his version is
not supported by the oral evidence of any independent witnesses.
Except an oral assertion that, the PW.4 is a key maker and he had
prepared keys as per the sayings of accused No.2, the IO did not
collect cogent evidence to substantiate his contentions. In this
case, the IO has not seized the so-called keys prepared by PW.4 on
the sayings of accused No.2.
17 C.C.No.30557/2015
25. Moreover, the PW.4 in his cross examination has stated that,
Qà ªÀiÁrPÉƼÀî®Ä 2£Éà DgÉÆæ ªÁºÀ£ÀªÀ£ÀÄß
ªÁºÀ£ÀªÀ£ÀÄß vÉUÉzÀÄPÉÆAqÀÄ §A¢zÀÝgÀÄ.
2£Éà DgÉÆæ UÁr vÉUÉzÀÄPÉÆAqÀÄ £À£Àß
£À£Àß §½ §AzÁUÀ CzÀgÀ°è Qà EgÀ°®è.
2£Éà DgÉÆæ
DgÉÆæ UÁr ZÁ®£É ªÀiÁrPÉÆAqÀÄ §A¢zÀÝgÀÄ. This version of
PW.4 is not believable. The PW.5 in his evidence dis not explain
from whom the motor cycle was seized. The prosecution has not
produced a single document to hold, who produced the motor
cycle from whom it was seized.
26. The evidence led by PW.1 to 5 is no way helpful to the
prosecution to hold the accused guilty of the offences charged
against them. The prosecution has not produced any documents
to show the involvement of accused in the alleged crime. The
prosecution has not produced any evidence on record to hold,
who created Ex.P.12/duplicate RC and where duplicate number
plate was made. Because, producing a forged document is
different than creating it.
18 C.C.No.30557/2015
27. The PW.5 being the IO did not collect any report from RTO
regarding the genuineness of Ex.P.12. There is no evidence on
record to connect the accused with the alleged crime. From the
evidence led by PW.1 to 5, the charges levelled against the
accused are not proved. Thus, the prosecution has failed to prove
that, the accused No.1 in furtherance of common intention stolen
Hero Honda Splendor motor cycle bearing No.KL.13.L.1016 of
PW.1 on 17.03.2014 in the afternoon, which was parked in the
parking area of St. Marks road, Bengaluru and handed over the
same to accused No.2, they changed the number of the motor
cycle as KA.07.K.5841, created a RC book by tallying to the chassis
and engine number of the motor cycle for the purpose of cheating,
dishonestly sold the stolen motor cycle to CW.6 for money, used
the forged RC book as a genuine document knowing fully well
that, it is a forged document, handed over the same to CW.6 and
changed the number plate of the motor cycle with an intention to
19 C.C.No.30557/2015
cheat. In such circumstances, I answer point No.1 to 7 in
Negative.
Point No.8: For the aforesaid reasons, I proceed to pass the
following:
ORDER
By exercising the powers conferred
U/Sec.248[1] of Cr.P.C., the accused No.1 and 2
are acquitted from the charges of Sec.379, 420,
465, 467, 468, 471, 473 R/w 34 of IPC.
The bail bonds executed by the accused
No.1 and 2 stands cancelled.
The bonds executed by accused No.1 and
2 U/Sec.437[A] of Cr.P.C., will be in force till
the completion of appeal period.
The property seized under PF
No.125/2014 i.e., Hero Honda Splendor plus
motor cycle bearing original No.KL.13.L.1016
[duplicate No. KA.07.K. 5841] is already
released to the interim custody of PW.1. That
order is made absolute. TATTANDA Digitally signed by
TATTANDA DAMAYANTI
DAMAYANTI SOMAIAH
Date: 2024.12.23 17:45:31
SOMAIAH +053023.12.2024 [TATTANDA DAMAYANTI SOMAYYA]
XLI A.C.J.M., BENGALURU
20 C.C.No.30557/2015ANNEXURE
LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
PW.1 : Brijesh Mon PW.2 : Govindaraju PW.3 : Gajendra PW.4 : Muniswamy PW.5 : C.A.Manjappa
LIST OF DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Written information/Complaint
Ex.P.1[a] : Signature of PW.1
Ex.P.1[b] : Signature of PW.5
Ex.P.2 : Spot Mahazar
Ex.P.2[a] : Signature of PW.1
Ex.P.2[b] : Signature of PW.5
Ex.P.3 &4 : Photographs of motor cycle
Ex.P.5 : indemnity bond
Ex.P.5[a] : Signature of PW.1
Ex.P.6 : Portion of the statement of PW.2
Ex.P.7 : Report given by PW.3
Ex.P.7[a] : Signature of PW.3
Ex.P.8 : Portion of statement of PW.4
Ex.P.9 : Portion of statement of PW.4
Ex.P.10 : FIR
21 C.C.No.30557/2015Ex.P.10[a] : Signature of PW.5
Ex.P.11 : Covering letter of J.J.Nagar police
Ex.P.12 : RC Book
LIST OF MO’S MARKED FOR THE PROSECUTION:
Nil
LIST OF WITNESSES EXAMINED FOR THE ACCUSED :
NIL
LIST OF DOCUMENTS MARKED FOR THE ACCUSED :
Nil
…………………………………………………………………………
Dictated on : 16.12.2024
Transcribed on : 16.12.2024
checked on : 22.12.2024
Signed on : 23.12.2024[TATTANDA DAMAYANTI SOMAYYA]
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