C.C.No. 1160 of 2024 1 Dt: 24.04.2025
IN THE COURT OF ADDITIONAL JUNIOR CIVIL JUDGE-CUM-
ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS
AT MAHABUBABAD
Thursday, the 24th day of April, 2025.
Present: Sri U.Thirupathi, Addl. Junior Civil Judge-cum- Addl. Judl. Magistrate of First Class, Mahabubabad.
C.C. No. 1160 OF 2024
Between: The State-Rep. through the Sub-Inspector of police, Police Station, Dornakal. … Complainant AND
1)Nunavath Bhupal Naik @ Bhupal, C/o. Punya Naik, 40 years, Occ: Business, R/o. H.No. 3-167, Savabanda Thanda, Polkampally, Doulathabad, Rawulapally of Mahabubnagar
2)Dr. Manik Vivekananda Swamy, S/o. Virjananda Swamy, 43 years, Occ: Business and chairman of Padmaja kumari Charitable Trust, R/o. 12-1-503/16, Laxminagar, Padmaja kumari Charitable Trust-Lalapet, Secunderabad
3)Dr. Pallavi Vivek, W/o. Dr. Manik Vivekananda Swamy, 40 years, Occ: Business, R/o. H.No. 12-1-503/16, Laxminagar, Padmaja kumari Charitable Trust-Lalapet, Secunderabad
4)Tejavath Rammurthy, S/o. Jaithram, 28 years, Occ: Private Employee, R/o. Bodrai thanda village of Dornakal Mandal
5)Edelli Venkanna, S/o. Iddaiah, 47 years, Occ: Private Employee, R/o. Galivari Gudem village of Maripeda mandal
6)Manda Prakash, S/o. Narsihma Rao, 31 years, Occ: Agriculture, R/o. Chilukodu village of Dornakal Mandal
7)Karampuri Venkateshwarlu, S/o. Gopaiah, 57 years, Occ: Reporter, R/o. Maripeda (Banglow) of Maripeda Mandal
8)Banoth Shankar Naik, S/o. Somla, 45 years, Occ: Agriculture, R/o. Esampally, H/o. Thumma Cheruvu village of Chinna Guduru Mandal
9)Guguloth Bheema, S/o. Lalya, 45 years, Occ: Agriculture, R/o. Chandya Thanda, H/o. Thattupalli Village of Kuravi Mandal
10)Guguloth Shiva Varma, S/o. Bheema, 24 years, Occ: Student, R/o. Chandya Thanda, H/o. Thattupalli Village of Kuravi Mandal
11)Banoth Vishnu, S/o. Lakpathi, 35 years, Occ: Agriculture, R/o. Roopla thanda village of Seerole mandal
12)Guguloth Surya Prakash, S/o. Bheema, 22 years, Occ: Student, R/o. Chandya Thanda, H/o. Thattupalli village of Kuravi
13)Gadipelly Shekar, S/o. Narayana, 47 years, Occ: Photographer, R/o. H.No. 6-1-108/75/G, Indira Nagar, Mahabubabad
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14)Chennaboina Venkata Ramana, S/o. Somaiah, 32 years, Occ: Private Employee, R/o. Kandikonda village of Kuravi Mandal of Mahabubabad
15)Macharla Venkatesh, S/o. Rammurthy, 32 years, Occ: Private Employee, R/o. Kandikonda Village of Kuravi Mandal
16)Ganapurapu Hari Babu, S/o. Venkanna, 31 years, Occ: Private Employee, R/o. H.No. 1-6-155/43/63/1, Nandinager, Mahabubabad
17)Dharmavarapu Babu, S/o. Mallaiah, 36 years, Occ: Auto Driver, R/o. Narsimhulapet Village and Mandal of Mahabubabad District
18)Banka Pramod Kumar, S/o. Venkanna, 25 years, Occ: Private Employee, R/o. Poola Bazar, Maripeda village and Mandal.
... Accused No. 1 to 18
This Case is coming before me on 23.04.2025 for fnal hearing in the presence of Ms.Jayalatha, learned Public Prosecutor for the Complainant; and of Sri G. Y. Giri, Advocate for the Accused No.1 to 18, having heard and after perusing the material on record and having stood over for consideration till this day, this court delivered the following:
: : J U D G M E N T : :
1.The Sub-Inspector of Police, Police Station, Dornakal fled the charge sheet in Crime No. 276/2023 for the ofences punishable U/Secs. 120(b), 109, 171 (B), 171(E) of IPC, and Sec. 123(1) RP Act, against the Accused persons.
2. The brief averments of the prosecution case are that :
On 08.11.2023 the inspector of police fled a requisition before the court stating that on 07.11.2023, on reliable information about one
Nanavath Bhupal Naik i.e. A1 placed a nomination at Maripeda as independent candidate for Dornakal Assembly Consistency on 06.11.2023, in this regard he gathered about 2000 persons and transported the public to participate in Rally by taking permission for 200 members only from returning ofcer. In this process he transferred huge amount to his followers (ground level leaders). The ground level leaders distributed the money to the public each Rs.200/- to 300/- to attend the rally in nomination. Immediately he made GD entry and caused enquiry into this
C.C.No. 1160 of 2024 3 Dt: 24.04.2025 matter. On enquiry to know that one in-charge i.e. Tejavath Rammurthy has received amount about Rs.7 lakhs and not distributed the public, as such verifed his SBI account at Dornakal and found that about
Rs. 7,72,923/- amount was deposited from one Padhmaja Charitable Trust,
ICIC, current account on 06.11.2023. Later, he visited the ICICI bank branch at Mahabubabad and verifed the current account of Padmaja
Charitable Trust and found that Rs.1,00,00,000/- received from one organic
Business developments current account on the same day and the same amount dispatched to diferent accounts in the constituency. There is a information about that the amount used to infuence the voters or bribe them to vote to his master. Hence he requested the court, the ofence took place in his jurisdiction and attracts the provisions 171B, E of IPC and he may be permitted to register FIR and to investigate the matter since it is in non – cognizable in nature. By considering the requisition this court has permitted him to register the non-cognizable case.
After obtaining permission from the court he Registered FIR, during course of Investigation complainant-cum-investigating ofcer examined and recorded the statements of the LW1 to LW17 and apprehended A4, his confessional statement was recorded, seized Rs.8,900/-. After completion of investigation he laid charge sheet against Accused No. 1 to 18 for the ofences punishable U/secs. 120B, 109, 171(b), 171(E) of IPC and Sec. 123 (1) of RP Act.
3.The cognizance was taken against the Accused No.1 to 18 for the ofences punishable U/Secs. 120B, 109, 171(b), 171(e) of IPC and Sec. 123 (1) of RP Act.
4.After appearance of the Accused persons copies of documents were furnished to them under section 207 of Code of Criminal Procedure.
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5.The accused No.1 to 18 were examined U/Sec.251 of Cr.P.C., the accusation leveled against the accused persons U/Secs. 120B, 109, 171(b), 171(e) of IPC and Sec. 123 (1) of RP Act were read over and explained to them to which they denied the same, pleaded not guilty and claimed to be tried.
6.On behalf of the prosecution, Pws: 1 to 20 were examined and Exs.P1 to P25 were marked.
PW1 is Branch Manager- SBI Dornakal , PW2 is Branch Manager of
ICICI Bank, PW3 is victim, PW4 is circumstantial witness, PW5 Branch
Manager of TS-Co-operative APEX Bank Ltd, PW6 is Deputy Branch
Manager in ICICI at Habsiguda, PW7 is Branch Manager SBI at
Mahabubabad, PW8 is Bank Manager in UBI Bank, PW9 is Bank Manager of
RBL Khammam, PW10 is Branch Manager Union Bank of India,
Mahabubabad, PW11 is Branch Manager APGVB at Dornakal, PW12 is
Branch Manager Indian Bank Manager, Mahabubabad, PW13 is Branch
Manager of APGVB at Maripeda, PW14 is Bank Manager of APGVB at
Mahabubabad, PW15 and PW16 are drum artists, PW17 is Returning
Ofcer, PW18 and PW19 are panch witnesses for Confessional & seizure panchanama of A4, PW20 is Investigating Ofcer.
Ex.P1 is Bank Account transaction statement of Tejavath
Rammuthy/A4(two pages),
Ex.P2 is Bank Account transaction statement of Padmaja charitable trust (three pages) summary account as on 31.08.2023.
Ex.P3 is Bank Account transaction statement of Padmaja charitable trust (three pages) summary account as on 31.09.2023.
Ex.P4 is Bank Account transaction statement of Padmaja charitable trust (Two pages) summary account as on 31.10.2023.
Ex.P5 is Bank Account transaction statement of Padmaja charitable trust (Three pages) summary account as on 08.11.2023,
Ex.P6 is 161 Cr.P.C statement of PW3,
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Ex.P7 is 161 Cr.P.C statement of PW4,
Ex.P8 is Bank Account transaction statement of Organic Business
Development,
Ex.P9 is bank account transaction statement of Banoth Shankar from 01.11.2023 to 10.11.2023(2 pages),
Ex.P10 is bank account transaction statement of Kotha Ramya dated 13.11.2023,
Ex.P11 is bank account transaction statement of KISAN PARIWAR LIMITED between 01.06.2023 to 23.11.2023,
Ex.P12 is bank account statement of K. Shobha (3 papers),
Ex.P13 is bank account statement of A16 (1 paper),
Ex.P14 is 161 Cr.P.C statement of PW15,
Ex.P15 is 161 Cr.P.C statement of PW16,
Ex.P16 is his Signature on Confession and seizure of A4,
Ex.P17 is his Signature on Confession and seizure of A4,
Ex.P18 is requisition.
Ex.P19 is FIR,
Ex.P20 Transaction statement of A6,
Ex.P21 is confession of A4,
Ex.P22 is Transaction Statement of Shekar,
Ex.P23 is Transaction Statement of E. Venkanna,
Ex.P24 is Transaction Statement of B. Vishnu,
Ex.P25 is Transaction Statement of D. Babu.
On behalf of defence none were examined and no documents were marked.
7.On completion of prosecution evidence, the accused persons were examined under Section 313 of The Code of Criminal Procedure and the incriminating evidence appearing against them in the evidence of prosecution witnesses, were read over and explained to them, for which they denied the same and stated to be false and further reported no defence evidence. Hence defence evidence is closed.
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8.Heard the learned APP and learned counsel for the Accused No.1 to 18 Perused the record.
9.Now the point for determination is:
Whether the prosecution could prove the guilt of
the Accused for the ofences U/Secs. 120B, 109,
171(b),171(e) of IPC and Sec. 123 (1) of RP Act
beyond the reasonable doubt?
POINT:
10.The learned APP submitted that prosecution witnesses supported the case, prayed to convict the accused persons. On the other hand the learned counsel for the accused persons submitted that none of the witnesses deposed that the amount has been transferred for election purpose. It is prayed to acquit the accused persons.
11.In order to prove the guilt of the accused the prosecution has examined the PW1 to PW20.
12. According to PW1 on 07.11.2024, he received a requisition from
Dornakal police stating that, they want Bank Account transaction statement of the Tejavath Ramurthy/Accused no.4 between the period of 01.11.2023 to 07.11.2023. Accordingly he has issued account transaction statement of the Tejavath Ramurthy /Accused no.4 to Dornakal police, in the statement he and police have noticed that in the account of A4,
Rs.7,72,000/- was credited from the account of Padmaja Kumari charitable trust. Later police have asked him to give account details of the Padmaja
Kumari charitable trust, but he said to them that the said account belongs to ICICI Bank, he does not have any details of the Padmaja Kumari
Charitable trust. Further at request of Police Dornakal, he has freezed the account of the Tejavath Ramurthy/A4.
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During Cross examination by learned counsel for accused, he admitted that he does not know as to why Padmaja Kumari charitable trust has credited the amount of Rs 7,72,000/- in the account of A4. Further he denied other suggestions put to him.
13.According to PW2, on 08.11.2024, he received a requisition from
LW21/B.Upender Rao, to give Bank Account transaction statement of
Padmaja charitable trust for a period of 03 months, stating that suspicious transaction are being going on in the Account of Padmaja Charitable trust.
As per requisition their deputy Branch Manager has given (03) months
Bank account statement of Padmaja charitable trust. After giving statement by their deputy branch manager, During Cross examination by learned counsel for accused, he denied suggestions put to him.
14.PW3 who is said to be victim and PW4 who is said to be circumstantial witnesses deposed that they do not know anything about this case, police not examined them and not recorded their statements, thus PW3 and PW4 turned Hostile. The PW3 and PW4 were cross examined by the learned APPO, but nothing could be elicited to prove the case.
15.According to PW5 in her branch there is one Current account by name “Organic Business Development association”, vide A/c No.9916 0030 0000196, this account has been opened on 03.04.2023, the sole proprietor of the Organic Business Develop association is one Pallavi vivek. On 09.11.2024, he received a requisition from PW20/ B.Upender Rao, Circle inspector of Dornakal, stating the the above said account should be freezed, and circle inspector asked to give KYC particulars of the above said account and Account transactions statement for a period of 03 months. As per requisition of PW20 he has given bank account transaction statement for the period of 03 months, KYC particulars. Further the above said account was freezed.
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She further deposed that On observing the statement it is noticed that on 17.10.2023, an amount of Rs.2,50,00,000/- has been credited in the
Current account of Organic Business Development association, in A/c
No.9916 0030 0000196. It is further noticed that on 06.11.2023 an amount of Rs.1,00,00,000/- was transferred to “Padmaja Kumari Charitable Trust”, from A/c No.991600300000196 of Organic Business Development association. On the same day i.e On 06.11.2023 an amount Rs.30,00,000/- each in three times, totaling Rs.90,00,000/- was transferred to A/c No.9916 0030 0000196 of “Organic Business Development association from ICICI
Bank of “Padmaja Kumari Charitable Trust”. Now the account of “Organic
Business Development association”, is freezed. An amount of
Rs.2,27,22,000/- lying in the account of “Organic Business Development association”. During Cross examination by learned counsel for accused persons, she admitted that in Ex.P8 is not contained any details of purpose of transaction of amount. She denied the other suggestions put to her.
16.According to PW6 on 09.11.2023, Dornakal police have come to their
ICICI Bank, Habsiguda Branch, Hyd and gave a requisition to him to give bank account particulars, statements and KYC of Padmaja Charitable Trust
Account, and instructed to freeze the said account, accordingly he has given Bank account transaction statement, KYC of said account to the police, later they freezed the account of Padmaja Charitable Trust. During
Cross examination by learned counsel for accused persons, he admitted that he cannot say as to what purpose transactions took place in the above said account i.e. Padmaja Charitable Trust. He further denied other suggestions put to him.
17.According to PW7, on 10.11.2023, Dornakal police have come to their SBI, Indiragandhi Chowk Branch, Mahabubabad and given a list of 7 account numbers and said to him that suspicious transactions took place in the above said 7 account numbers in respect of elections, and asked him to freeze the said 7 account numbers. However, he freeze only one
C.C.No. 1160 of 2024 9 Dt: 24.04.2025 account of Banoth Shankar Naik/A8 from the above said 7 accounts, and informed to the police that remaining 6 accounts are not pertaining to their branch. Further he has given transaction statement of A8 to the
Police. During Cross examination by learned counsel for accused, he denied the suggestions put to him.
18.According to PW8, on 09.11.2023, Dornakal police have come to
Union Bank of India, Dornakal Branch, and asked him to give bank account transactions statement of Kotha Ramya and freeze the said account of
Ramya. Accordingly he has given transaction statement of Kotha Ramya to the Police and also Debit freezed the said account of Ramya. During
Cross examination by learned counsel for accused, he denied suggestions put to him.
19.According to PW9, on 22.11.2023, Dornakal police have come to RBL
Bank, Khammam and given a requisition stating that suspicious transaction an amount of Rs. 2,50,00,000/- (Two crore ffty lakhs) took place in one account and they also given reference number, accordingly the same was submitted to their head ofce, On 24.11.2023 he has given statement of “KISAN PARIWAR LIMITED” to police. During Cross examination by learned counsel for accused, he denied suggestions put to him.
20.According to PW10, on 09.11.2023, their bank have received a requisition from Dornakal police, requesting to freeze two Accounts and requested to issue Account transaction statements of said two accounts, accordingly he has given statement of two accounts. He failed to re-collect the account holders names. During Cross examination by learned counsel
for accused, he stated that except giving of statements of above said two
accounts, police did not examine and did not record his statement. Further he denied suggestions put to him.
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21.According to PW11, on 09.11.2023, she has received requisition from the Dornakal police in which they have mentioned one account number and name of M.Prakash/A6, further requested to freeze the account of the said M.Prakash. Accordingly she has freezed the account of A6. During
Cross examination by learned counsel for accused, she denied suggestions put to her.
22.According to PW12, on 09.11.2023, he has received requisition from the Dornakal police, requesting to give Bank account transaction statements of three accounts for a period of 10 days of the said accounts, accordingly he has given the transaction statements of the above said three accounts. He failed to re collect account numbers of the above said three accounts and account holder names. During Cross examination by learned counsel for accused, he denied suggestions put to him.
23.According to PW13, on 09.11.2023, he has received requisition from the Dornakal police, requesting to give Bank account transaction statement of K.Shobha wife of A6. Accordingly he has given the transaction statement of K.Shobha. Further on requisition of police, he has freezed the account of K.Shobha. During Cross examination by learned counsel for accused, he denied suggestions put to him.
24.According to PW14, on 09.11.2023, Police dornakal have come to their branch, after confrming that amount has been credited in the account of G.Haribabu/A16, police have given requisition to give Bank account transaction statement of A16 and requested to freezed the said account. Accordingly he has given the transaction statement of A16.
Further on requisition of police, he has freezed the account of A16. During
Cross examination by learned counsel for accused, he denied suggestions put to him.
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25.PW15 and PW16 who are said to be drum artists deposed that they do not know anything about this case, police not examined them and not recorded their statements, thus PW15 and PW16 turned Hostile. The PW15 and PW16 were cross examined by the learned APPO, but nothing could be elicited to prove the case.
26. According to PW17, During assembly election of 2023, he was the returning ofcer of Dornakal, constituency-101. On 14.11.2023, the Circle inspector, Dornakal has given a requisition to him to give particulars of
Nomination of Bhupal Naik, about the rally permission of him. On 15.11.2023 he has furnished Nomination particulars of Bhupal Naik, about the rally permission of him to Circle inspector,Dornakal. During Cross examination by learned counsel for accused, he denied suggestions put to him.
27.PW18 who is said to be panch witness for confessional & Seizure panchanama of A4, deposed that he does not know anything about this case. Police dornakal obtained his signature on blank paper, he does not know what was written on it later. thus PW18 turned Hostile. The PW18 was cross examined by the learned APPO, but nothing could be elicited to prove the case.
28.According to PW19, who is said to be panch witness for confessional & Seizure panchanama of A4, on 07.11.2023 the circle inspector of
Dornakal called him to come to DSP ofce by saying that he has seized
Rs.8,000/-, when he went to DSP ofce, there circle inspector obtained his signature on written papers, Circle inspector has informed to him that he has seized Rs.8,000/- in the elections, expect this he does not know anything about this case. Witness Identifed his signature on Confession and seizure of A4. At this juncture with the permission of the court, PW19 was cross examined by the learned APPO, he denied suggestions put to
C.C.No. 1160 of 2024 12 Dt: 24.04.2025 him. During cross examination by learned counsel for the Accused persons, he denied suggestions put to him.
29.According to PW20 investigating ofcer deposed the contents of the charge sheet. During cross examination by the learned counsel for the accused, he admitted that he is the complainant and Investigating ofcer as well in this case. He further admitted that no bank transaction statements have contained names of the A1 to A6 specifcally. Witness adds that bank transaction statements have contained PAN Numbers of the A1 to A3 contained. He further admitted that the bank transaction statements of accused persons i.e Ex.P1 to Ex.P5, Ex.P9, Ex.P10, Ex.P11,
Ex.P12, Ex.P13, Ex.P21 to Ex.P24 do not contain the election purpose amount was transferred. He further admitted in i.e Ex.P1 to Ex.P5, Ex.P9,
Ex.P10, Ex.P11, Ex.P12, Ex.P13, Ex.P21 to Ex.P24 it is not specifcally mentioned that for election purpose the amount was sent. He further admitted that he did not get videographed the alleged confession of A4.
Further he denied other suggestions put to him.
30. On perusal of the record it is seen that the case of the prosecution is that A1 has laid nomination, the amount was transferred to through accounts. It is to be noted that except PW3, PW4, PW15, PW16, PW18 and
PW19 all the prosecution witnesses supported the case. It is the duty of the court, to look into their evidence whether their evidence is reliable or not. It is pertinent to note that the the panch witnesses i.e. PW18 and
PW19 in whose presence Accused No.4 allegedly confessed to have committed the ofence, they turned hostile. Further PW3 who is said to be victim, PW4, PW15 and PW16 who are said to be circumstantial witnesses they also turned Hostile.
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31. It is to be noted that the entire case rests upon the evidence of Bank ofcials. Let us examine the evidence of Bank ofcials. The evidence of
PW1 only to an extent of that Amount has been credited in the account of
A4, but there is nothing in his evidence that to bribe the voters said amount was transferred. Further PW1 during his cross examination, he admitted that he does not know as to why Padmaja Kumari charitable trust has credited the amount of Rs 7,72,000/- in the account of A4. Therefore the evidence of PW1 is not sufcient to prove the case. PW2 deposed that 3 months Bank statement has been given. It is to be noted that there is nothing in the evidence of PW2. Hence his evidence is not sufcient to prove the case.
32. PW5 evidence would show that an amount of Rs.2,50,00,000/- has been credited in the Current account of Organic Business Development association, on 06.11.2023 an amount of Rs.1,00,00,000/- was transferred to “Padmaja Kumari Charitable Trust”. It can be seen that though PW5 stated amount was transferred, there is nothing in her evidence to show that amount has been transferred for election purpose. Further during
Cross examination by learned counsel for accused persons, she admitted that in Ex.P8 is not contained any details of purpose of transaction of amount. Hence the evidence of PW5 is not sufcient to prove the case.
33. PW6 deposed that he has given Bank account transaction statement, KYC of Padmaja Charitable Trust Account, they freezed the account of Padmaja Charitable Trust. It can be seen that though PW6 stated he has given statement, there is nothing in his evidence that as to what purpose transactions took place. Further during Cross examination by learned counsel for accused persons, he admitted that he cannot say as to what purpose transactions took place in the above said account i.e.
Padmaja Charitable Trust. Hence the evidence of PW6 not useful to prove the case. PW7 deposed that he has given transaction statement of A8. It
C.C.No. 1160 of 2024 14 Dt: 24.04.2025 can be seen that though PW7 stated he has given statement, there is nothing in his evidence that as to what purpose transaction took place.
34. PW8 deposed that he has given transaction statement of Kotha
Ramya to the Police and also Debit freezed the said account of Ramya. It can be seen that though PW8 deposed he has given transaction statement, but there is nothing in his evidence that as to what purpose transactions took place. Hence the evidence of PW8 not useful to prove the case. PW9 deposed that has given statement of “KISAN PARIWAR
LIMITED” to police. It is to be noted that he has given transaction statement, but there is nothing in his evidence as to what purpose transactions took place in the said account. Hence the evidence of PW8 not useful to prove the case. PW10 deposed that transaction statements of two accounts have been given police. It is to be noted that he has given transaction statements of two accounts, but there is nothing in his evidence that as to what purpose transactions took place in the said accounts. Hence the evidence of PW10 is not sufcient to prove the case.
PW11 deposed that she has has freezed the account of A6, except this there is nothing in her evidence. Hence the evidence of PW11 is not sufcient to prove the case.
35. PW12 deposed that he has given Bank account transaction statements of three accounts for a period of 10 days. It is pertinent to note that though PW12 deposed that he has given transaction statement, but there is nothing in his evidence that as to what purpose transactions took place in the said accounts. Hence the evidence of PW12 not useful to prove the case. PW13 deposed that he has given Bank account transaction statement of K.Shobha wife of A6. It is to be noted that he has given transaction statements of wife of A6, but there is nothing in his evidence that as to what purpose transactions took place in the said accounts.
Hence the evidence of PW13 is not useful to prove the case.
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36. PW14 deposed that he has given the transaction statement of A16 and freezed the account. It is to be noted that he has given transaction statements of wife of A6, but there is nothing in his evidence that as to what purpose transactions took place in the said accounts. Hence the evidence of PW14 is not useful to prove the case. PW17 deposed that he has furnished Nomination particulars of Bhupal Naik, about the rally permission of him to Circle inspector, Dornakal. It is to be noted that PW17 has given rally permission of A1, but there is nothing in his evidence that in the said rally money was distributed to the people who attended the said rally. Hence the evidence of PW17 is not useful to prove the case.
37. The case at hand the PW20 investigating ofcer, during his cross examination admitted that bank transaction statements of accused persons i.e Ex.P1 to Ex.P5, Ex.P9, Ex.P10, Ex.P11, Ex.P12, Ex.P13, Ex.P21 to Ex.P24 do not contain the election purpose amount was transferred. He also admitted in i.e Ex.P1 to Ex.P5, Ex.P9, Ex.P10, Ex.P11, Ex.P12, Ex.P13,
Ex.P21 to Ex.P24 it is not specifcally mentioned that for election purpose the amount was sent. It is pertinent to note that there is no material on record to show that for election purpose only amount was transferred.
Therefore the accused persons are entitled for acquittal.
38.In the above said circumstances of the case, this Court is of the opinion that the prosecution has failed to bring home the guilt of the accused beyond reasonable doubt. Accordingly the point is answered.
39.IN THE RESULT, the Accused No.1 to 18 are found not guilty for the ofences punishable U/Secs. 120B, 109, 171(b), 171(e) of IPC and Sec. 123 (1) of RP Act. Accordingly they are acquitted for the above said ofences under Sec.255(1) of Cr.P.C. The bail bonds of the Accused persons shall remain in force for a period of six months as contemplated under Sec.437-
A Cr.P.C. The MO-1 shall be returned to its original owner i.e A4 after expiry of appeal period, on proper identifcation and acknowledgment. Further
C.C.No. 1160 of 2024 16 Dt: 24.04.2025 bank authorities i.e. ICICI bank, Habsiguda branch are directed to unfreeze the bank accounts of A2 and A3. Further bank authorities i.e. TSAB-
Hyderabad branch are directed to unfreeze the bank account of A3.
(Typed to my dictation by the Stenographer, corrected and pronounced by me in the open Court on this the 24th day of April, 2025.)
ADDL. JUNIOR CIVIL JUDGE-CUM-
ADDL. JUDL. MAGISTRATE OF FIRST CLASS
MAHABUBABAD
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION:FOR DEFENCE: PW1: V. Kumara Swamy/Branch Manager-SBI Dornakal, PW2: T. Narender/Branch Manager of ICICI Bank, PW3: O. Venkanna/victim, PW4: P. Venkanna/circumstantial witness, Branch Manager of TS-Co- operative APEX Bank Ltd, PW5: P. Sahithi/Branch Manager of TS-Co-operative APEX Bank Ltd, PW6: K. Sreeman/Deputy Branch Manager in ICICI at Habsiguda, PW7: Vijay Rao/Branch Manager SBI at Mahabubabad, PW8: D. Naresh Naik/Bank Manager in UBI Bank, PW9: P. Sridhar/Bank Manager of RBL Khammam, PW10: M. Bhaskar Rao/Branch Manager Union Bank of India, Mahabubabad, PW11: M. Vijaya Kumari/Branch Manager APGVB at Dornakal, PW12: G. Gopiraj/Branch Manager Indian Bank Manager, Mahabubabad, PW13: G. Santhosh Kumar/Branch Manager of APGVB at Maripeda, PW14: V. Chandra Shekar Reddy/Bank Manager of APGVB at Mahabubabad, PW15: B. Simhadri/drum artist PW16: P. P. Yellaiah/drum artists, PW17: R. Narsinga Rao/Returning Ofcer, PW18: G. Krishna/Panch witnesses for Confessional & seizure panchanama of A4 PW19: Ch. Sai Teja/panch witnesses for Confessional & seizure panchanama of A4, PW20: B. Upendra Rao/Investigating Ofcer.
C.C.No. 1160 of 2024 17 Dt: 24.04.2025
EXHIBITS MARKED
FOR PROSECUTION: Ex.P1 is Bank Account transaction statement of Tejavath Rammuthy/A4(two pages), Ex.P2 is Bank Account transaction statement of Padmaja charitable trust (three pages) summary account as on 31.08.2023. Ex.P3 is Bank Account transaction statement of Padmaja charitable trust (three pages) summary account as on 31.09.2023. Ex.P4 is Bank Account transaction statement of Padmaja charitable trust (Two pages) summary account as on 31.10.2023. Ex.P5 is Bank Account transaction statement of Padmaja charitable trust (Three pages) summary account as on 08.11.2023, Ex.P6 is 161 Cr.P.C statement of PW3, Ex.P7 is 161 Cr.P.C statement of PW4, Ex.P8 is Bank Account transaction statement of Organic Business Development, Ex.P9 is bank account transaction statement of Banoth Shankar from 01.11.2023 to 10.11.2023(2 pages), Ex.P10 is bank account transaction statement of Kotha Ramya dated 13.11.2023, Ex.P11 is bank account transaction statement of KISAN PARIWAR LIMITED between 01.06.2023 to 23.11.2023, Ex.P12 is bank account statement of K. Shobha (3 papers), Ex.P13 is bank account statement of A16 (1 paper), Ex.P14 is 161 Cr.P.C statement of PW15, Ex.P15 is 161 Cr.P.C statement of PW16, Ex.P16 is his Signature on Confession and seizure of A4, Ex.P17 is his Signature on Confession and seizure of A4, Ex.P18 is requisition. Ex.P19 is FIR, Ex.P20 Transaction statement of A6, Ex.P21 is confession of A4, Ex.P22 is Transaction Statement of Shekar, Ex.P23 is Transaction Statement of E. Venkanna, Ex.P24 is Transaction Statement of B. Vishnu, Ex.P25 is Transaction Statement of D. Babu. FOR DEFENCE: - Nil - MATERIAL OBJECTS: - NIL -
ADDL. JUNIOR CIVIL JUDGE -CUM-
ADDL. JUDL. MAGISTRATE OF FIRST CLASS
MAHABUBABAD