Highgrounds Ps vs A2. Samshiya Kousar on 14 July, 2026

July 21, 2026

Bangalore District Court

Highgrounds Ps vs A2. Samshiya Kousar on 14 July, 2026

                               1
                                                C.C.No.20611/2017
KABC030898642017




                          Presented on : 11-08-2017
                          Registered on : 11-08-2017
                          Decided on    : 14-07-2026
                          Duration      : 8 years, 11 months, 3 days

      IN THE COURT OF III ADDL. CHIEF JUDICIAL
           MAGISTRATE AT BENGALURU CITY
           DATED THIS THE 14th DAY OF JULY, 2026

                          PRESENT.
                SRI. SIDDARAMA.S. M.A, LL.M.
           III ADDL. CHIEF JUDICIAL MAGISTRATE
                     AT BENGALURU CITY

                    C.C.No.20611/2017


State by                    High   Grounds           Police      Station,
                            Bengaluru.

                            (Represented by Sr. APP)


                           V/s
Accused Persons             1. Mohammed Hasham (Split up)
                            S/o Late Basheer Ahamed,
                            Aged about 58 years,

                            2. Smt.Shamshiya Kouser
                            D/o K.Rizwanulla,
                               2
                                              C.C.No.20611/2017
                            Aged about 25 years.
                            R/at No.134,
                            8th Cross,
                            APJ Abdul Kalam Road,
                            Rashad Nagar,
                            Govindapura,
                            Bengaluru-560 044.

                            3. Sri.Yunus Saleem (Split up)
                            S/o Late.D.M.Liyakath,
                            Aged about 37 years,

                            (Reptd., by Sri.A.S.K., Adv.,)
Name      of          the   Sri.Mir Anees Ahmed
Complainant :               IAS,
                            Chief Executive Officer,
                            Karnataka State Waqf Board,
                            Cunningham Road,
                            Bengaluru.
Date of offence             10.09.2013 to 21.02.2014
Date of offence reported    21.02.2014
Date of Commence of         28.03.2024
Evidence

Date of     Closure    of   04.05.2026
Evidence
Offence Committed           Under Section 381, 409, 420, 424,
                            120(B) read with section 34 of IPC.
Opinion of Judge            Found not guilty.

Complainant by              Learned Senior       Assistant   Public
                            Prosecutor.
                                 3
                                               C.C.No.20611/2017
Accused by                    By Sri.A.S.K., Adv.,




                                (SIDDARAMA.S.)
                   III ADDL. CHIEF JUDICIAL MAGISTRATE,
                             AT BENGALURU CITY.



                       JUDGMENT

The PSI of High Grounds Police Station submitted charge

sheet against the accused No.1 to 3 for the offences punishable

SPONSORED

under sections 381, 409, 420, 424, 120(B) read with section 34

of IPC.

2. The brief facts of the prosecution case is as follows:-

The case of the prosecution is that during the period from

10.09.2013 to 21.02.2014 at the Record Room of the Karnataka

State Wakf Board, situated at Cunningham Road, Bengaluru,

the file bearing KBW/REG/6(A)/KLR/99-2000, relating to 1

acre 9 guntas of land in Khata No.148, Survey No. 171/2A,

belonging to the Chikkaballapur Al-Haj Abdul Khudus Saheb

Foundation, was entrusted to the custody and responsibility of

Accused No.1 and 2, who were employees of the said Wakf
4
C.C.No.20611/2017
Board. Among the said accused persons, Accused No. 1 was

serving as the In-charge of the Record Section of the Karnataka

State Wakf Board. While the file KBW/REG/6(A)/KLR/99-2000

was under his custody and control, he is alleged to have

dishonestly and fraudulently removed, stolen, and concealed

the file with an intention of misappropriating the same. On

24/02/2014, the accused No.2 found the file bearing

KBW/REG/6(A)/KLR/99-2000 between two Godrej. Upon

examination of the file, it was found that the (1) Resolution

dated 31-12-1999 of the Board of Trustees of the said

institution, (2) Public Notice dated 07-12-2000 issued by the

Board. (3) Mahazar dated 03-01-2001 prepared by the Wakf

Inspector, DWAC, Kolar, along with the report of the Wakf

Officer, Kolar. (4) Certificate of Registration dated 09-02-2001

documents were missing. The KITABUL AUQAF register that

was in the custody of accused No.2, the information relating to

the file KBW/REG/6(A)/KLR/99-2000, relating to 1 acre and 9

guntas of land in Khata No.148, Survey No. 171/2A, belonging

to the Chikkaballapur Al-Haj Abdul Khudus Saheb Foundation

had been entered. However the pages 127 and 128 of the
5
C.C.No.20611/2017
KITABUL AUQAF register containing those entries were torn

out and dishonestly and fraudulently removed from the office.

The accused No.1 and 2 were being the public servants

employed by the Karnataka State Wakf Board, with an intention

of illegally assisting the accused No.3, who is the son of D.M.

Liaquat, a trustee of the Alhaj Abdul Kuddus Saheb Foundation

Trust, entered into a criminal conspiracy with accused No.3. In

furtherance of the said conspiracy, the accused No. 1

unlawfully removed and concealed the file bearing

KBW/REG/6(A)/KLR/99-2000, relating to the said Foundation

from the office and dishonestly stolen the certain documents

from the file. The accused No.2 torn out pages 127 and 128 of

the KITABUL AUQAF register maintained in the office, which

contained information relating to the Al-Haj Abdul Kuddus

Saheb Foundation. The accused No.1 and 2 by using their

positions committed criminal breach of trust, and with the

intention of unlawfully assisting Accused No.3 removed and

destroyed documentary records, including tearing out pages

from official records and thereby the accused persons have

committed the criminal breach of trust and committed the
6
C.C.No.20611/2017
above offences. After completion of the investigation the PSI of

High Grounds Police Station has filed the charge sheet against

the accused persons for the offences punishable under section

381, 409, 420, 424, 120(B) read with section 34 of IPC.

3. Thereafter, the complainant has lodged the

complaint in High Grounds Police station. In turn they have

registered the case under Crime No.0053/2014. Thereafter,

police visited the spot, drew the mahazar, secured in the

presence of the accused No.1to3 subsequently were enlarged on

bail. Thereafter, on completion of the investigation, I.O. has

submitted the charge sheet against the accused persons for the

above said offences. After filing the charge sheet, Court has

taken cognizance of the offences against the accused persons

and issued summons to them.

4. The accused No.1to3 have appeared before the court

through their counsel. Copy of the prosecution papers were

furnished under Section 207 of Code of Criminal procedure.

Thereafter, heard both side, the charges framed against the

accused No.2 for the offence punishable under section 381,

409, 420, 424, 120(B) read with section 34 of IPC. Read over
7
C.C.No.20611/2017
and explained to the accused No.2 was pleaded not guilty and

claimed to be tried.

5. To substantiate the case of the prosecution, the

prosecution have examined the six witnesses out of ten

witnesses as PW-1 to PW-6 and got marked the documents as

Ex.P-1 to Ex.P-26. The accused persons got marked one

document as Ex.D-1. The statement of the accused person

recorded under Section 313 of Cr.P.C. The accused person did

not choose to lead defense evidence.

6. Heard the arguments from both side and perused

the deposition and documents.

7. After hearing the parties and on perusal of records,

the following points arose for my consideration.

1. Whether the prosecution proves beyond
all reasonable doubt that during the
period from 10/09/2013 to 21/02/2014,
at the Record Room of the Karnataka
State Wakf Board, situated at
Cunningham Road, Bengaluru, the file
bearing KBW/REG/6(A)/KLR/99-2000,
relating to 1 acre 9 guntas of land in
8
C.C.No.20611/2017
Khata No.148, Survey No. 171/2A,
belonging to the Chikkaballapur Al-Haj
Abdul Khudus Saheb Foundation, was
entrusted to the custody and
responsibility of Accused No.1 and 2,
who were employees of the said Wakf
Board. Among the said accused
persons, Accused No. 1 was serving as
the In-charge of the Record Section of
the Karnataka State Wakf Board. While
the file KBW/REG/6(A)/KLR/99-2000
was under his custody and control, he is
alleged to have dishonestly and
fraudulently removed, stolen, and
concealed the file with an intention of
misappropriating the same. On
24/02/2014, the accused No.2 found the
file bearing KBW/REG/6(A)/KLR/99-

2000 between two Godrej. Upon
examination of the file, it was found that
the (1) Resolution dated 31-12-1999 of
the Board of Trustees of the said
institution, (2) Public Notice dated 07-

12-2000 issued by the Board. (3)
Mahazar dated 03-01-2001 prepared by
the Wakf Inspector, DWAC, Kolar, along
with the report of the Wakf Officer,
9
C.C.No.20611/2017
Kolar. (4) Certificate of Registration
dated 09-02-2001 documents were
missing. The KITABUL AUQAF register
that was in the custody of accused No.2,
the information relating to the file
KBW/REG/6(A)/KLR/99-2000, relating
to 1 acre and 9 guntas of land in Khata
No.148, Survey No. 171/2A, belonging to
the Chikkaballapur Al-Haj Abdul Khudus
Saheb Foundation had been entered.

However the pages 127 and 128 of the
KITABUL        AUQAF       register    containing
those     entries     were     torn        out    and

2. Whether the prosecution proves beyond
all reasonable doubt that the above said
date, place and time that during the
period from 10/09/2013 to 21/02/2014,
at the Record Room of the Karnataka
State Wakf Board, situated at
Cunningham Road, Bengaluru, the file
bearing KBW/REG/6(A)/KLR/99-2000,
relating to 1 acre 9 guntas of land in
Khata No.148, Survey No. 171/2A,
belonging to the Chikkaballapur Al-Haj
Abdul Khudus Saheb Foundation, was
entrusted to the custody and
responsibility of Accused No.1 and 2,
who were employees of the said Wakf
Board. Among the said accused
persons, Accused No. 1 was serving as
the In-charge of the Record Section of
the Karnataka State Wakf Board. While
the file KBW/REG/6(A)/KLR/99-2000
was under his custody and control, he is
11
C.C.No.20611/2017
alleged to have dishonestly and
fraudulently removed, stolen, and
concealed the file with an intention of
misappropriating the same. On
24/02/2014, the accused No.2 found the
file bearing KBW/REG/6(A)/KLR/99-

2000 between two Godrej. Upon
examination of the file, it was found that
the (1) Resolution dated 31-12-1999 of
the Board of Trustees of the said
institution, (2) Public Notice dated 07-

12-2000 issued by the Board. (3)
Mahazar dated 03-01-2001 prepared by
the Wakf Inspector, DWAC, Kolar, along
with the report of the Wakf Officer,
Kolar. (4) Certificate of Registration
dated 09-02-2001 documents were
missing. The KITABUL AUQAF register
that was in the custody of accused No.2,
the information relating to the file
KBW/REG/6(A)/KLR/99-2000, relating
to 1 acre and 9 guntas of land in Khata
No.148, Survey No. 171/2A, belonging to
the Chikkaballapur Al-Haj Abdul Khudus
Saheb Foundation had been entered.

However the pages 127 and 128 of the
KITABUL        AUQAF         register      containing
                        12
                                         C.C.No.20611/2017
those    entries      were   torn      out   and

dishonestly and fraudulently removed
from the office. The accused No.1 and 2
were being the public servants employed
by the Karnataka State Wakf Board, with
an intention of illegally assisting the
accused No.3, who is the son of D.M.
Liaquat, a trustee of the Alhaj Abdul
Kuddus Saheb Foundation Trust, entered
into a criminal conspiracy with accused
No.3. In furtherance of the said
conspiracy, the accused No. 1 unlawfully
removed and concealed the file bearing
KBW/REG/6(A)/KLR/99-2000, relating
to the said Foundation from the office
and dishonestly stolen the certain
documents from the file. The accused
No.2 torn out pages 127 and 128 of the
KITABUL AUQAF register maintained in
the office, which contained information
relating to the Al-Haj Abdul Kuddus
Saheb Foundation. The accused No.1 and
2 being the Government servant by using
their positions committed criminal
breach of trust and with the intention of
unlawfully assisting Accused No.3
removed and destroyed documentary
13
C.C.No.20611/2017
records, including tearing out pages from
official records and thereby the accused
persons have committed the criminal
breach of trust and committed offence
punishable under sections 409 read with
section 34 of IPC?

3. Whether the prosecution proves beyond
all reasonable doubt that the above said
date, place and time that during the
period from 10/09/2013 to 21/02/2014,
at the Record Room of the Karnataka
State Wakf Board, situated at
Cunningham Road, Bengaluru, the file
bearing KBW/REG/6(A)/KLR/99-2000,
relating to 1 acre 9 guntas of land in
Khata No.148, Survey No.171/2A,
belonging to the Chikkaballapur Al-Haj
Abdul Khudus Saheb Foundation, was
entrusted to the custody and
responsibility of Accused No.1 and 2,
who were employees of the said Wakf
Board. Among the said accused persons,
Accused No. 1 was serving as the In-

charge of the Record Section of the
Karnataka State Wakf Board. While the
file KBW/REG/6(A)/KLR/99-2000 was
14
C.C.No.20611/2017
under his custody and control, he is
alleged to have dishonestly and
fraudulently removed, stolen, and
concealed the file with an intention of
misappropriating the same. On
24/02/2014, the accused No.2 found the
file bearing KBW/REG/6(A)/KLR/99-

2000 between two Godrej. Upon
examination of the file, it was found that
the (1) Resolution dated 31-12-1999 of
the Board of Trustees of the said
institution, (2) Public Notice dated 07-

However the pages 127 and 128 of the
                           15
                                             C.C.No.20611/2017
KITABUL         AUQAF      register       containing
those      entries      were    torn       out   and

dishonestly and fraudulently removed
from the office. The accused No.1 and 2
were being the public servants employed
by the Karnataka State Wakf Board, with
an intention of illegally assisting the
accused No.3, who is the son of D.M.
Liaquat, a trustee of the Alhaj Abdul
Kuddus Saheb Foundation Trust, entered
into a criminal conspiracy with accused
No.3. In furtherance of the said
conspiracy, the accused No.1 unlawfully
removed and concealed the file bearing
KBW/REG/6(A)/KLR/99-2000, relating
to the said Foundation from the office
and dishonestly stolen the certain
documents from the file. The accused
No.2 torn out pages 127 and 128 of the
KITABUL AUQAF register maintained in
the office, which contained information
relating to the Al-Haj Abdul Kuddus
Saheb Foundation. The accused No.1 and
2 for the purpose of cheating the
Government they have misused their
positions with an intention of unlawfully
assisting accused No.3 removed and
16
C.C.No.20611/2017
destroyed documentary records,
including tearing out pages from official
records and thereby the accused persons
have committed cheating dishonestly
inducing delivery of property and
committed the offence punishable under
sections 420 read with section 34 of
IPC?

4. Whether the prosecution proves beyond
all reasonable doubt that the above said
date, place and time that during the
period from 10/09/2013 to 21/02/2014,
at the Record Room of the Karnataka
State Wakf Board, situated at
Cunningham Road, Bengaluru, the file
bearing KBW/REG/6(A)/KLR/99-2000,
relating to 1 acre 9 guntas of land in
Khata No.148, Survey No. 171/2A,
belonging to the Chikkaballapur Al-Haj
Abdul Khudus Saheb Foundation, was
entrusted to the custody and
responsibility of Accused No.1 and 2,
who were employees of the said Wakf
Board. Among the said accused
persons, Accused No. 1 was serving as
the In-charge of the Record Section of
17
C.C.No.20611/2017
the Karnataka State Wakf Board. While
the file KBW/REG/6(A)/KLR/99-2000
was under his custody and control, he is
alleged to have dishonestly and
fraudulently removed, stolen, and
concealed the file with an intention of
misappropriating the same. On
24/02/2014, the accused No.2 found the
file bearing KBW/REG/6(A)/KLR/99-

2000 between two Godrej. Upon
examination of the file, it was found that
the (1) Resolution dated 31-12-1999 of
the Board of Trustees of the said
institution, (2) Public Notice dated 07-

However the pages 127 and 128 of the
KITABUL       AUQAF     register      containing
those    entries      were    torn     out   and

dishonestly and fraudulently removed
from the office. The accused No.1 and 2
were being the public servants employed
by the Karnataka State Wakf Board, with
an intention of illegally assisting the
accused No.3, who is the son of D.M.
Liaquat, a trustee of the Alhaj Abdul
Kuddus Saheb Foundation Trust, entered
into a criminal conspiracy with accused
No.3. In furtherance of the said
conspiracy, the accused No. 1 unlawfully
removed and concealed the file bearing
KBW/REG/6(A)/KLR/99-2000, relating
to the said Foundation from the office
and dishonestly stolen the certain
documents from the file. The accused
No.2 torn out pages 127 and 128 of the
KITABUL AUQAF register maintained in
the office, which contained information
relating to the Al-Haj Abdul Kuddus
Saheb Foundation. The accused No.1 and
2 by using their positions committed
criminal breach of trust, and with the
19
C.C.No.20611/2017
intention of unlawfully assisting Accused
No.3 removed and destroyed
documentary records, including tearing
out pages from official records and
thereby the accused persons have
committed the offence punishable under
sections 424 read with section 34 of
IPC?

5. Whether the prosecution proves beyond
all reasonable doubt that the above said
date, place and time that during the
period from 10/09/2013 to 21/02/2014,
at the Record Room of the Karnataka
State Wakf Board, situated at
Cunningham Road, Bengaluru, the file
bearing KBW/REG/6(A)/KLR/99-2000,
relating to 1 acre 9 guntas of land in
Khata No.148, Survey No. 171/2A,
belonging to the Chikkaballapur Al-Haj
Abdul Khudus Saheb Foundation, was
entrusted to the custody and
responsibility of Accused No.1 and 2,
who were employees of the said Wakf
Board. Among the said accused
persons, Accused No. 1 was serving as
the In-charge of the Record Section of
20
C.C.No.20611/2017
the Karnataka State Wakf Board. While
the file KBW/REG/6(A)/KLR/99-2000
was under his custody and control, he is
alleged to have dishonestly and
fraudulently removed, stolen, and
concealed the file with an intention of
misappropriating the same. On
24/02/2014, the accused No.2 found the
file bearing KBW/REG/6(A)/KLR/99-

2000 between two Godrej. Upon
examination of the file, it was found that
the (1) Resolution dated 31-12-1999 of
the Board of Trustees of the said
institution, (2) Public Notice dated 07-

However the pages 127 and 128 of the
KITABUL       AUQAF     register      containing
those    entries      were     torn    out   and

dishonestly and fraudulently removed
from the office. The accused No.1 and 2
were being the public servants employed
by the Karnataka State Wakf Board, with
an intention of illegally assisting the
accused No.3, who is the son of D.M.
Liaquat, a trustee of the Alhaj Abdul
Kuddus Saheb Foundation Trust, entered
into a criminal conspiracy with accused
No.3. In furtherance of the said
conspiracy, the accused No. 1 unlawfully
removed and concealed the file bearing
KBW/REG/6(A)/KLR/99-2000, relating
to the said Foundation from the office
and dishonestly stolen the certain
documents from the file. The accused
No.2 torn out pages 127 and 128 of the
KITABUL AUQAF register maintained in
the office, which contained information
relating to the Al-Haj Abdul Kuddus
Saheb Foundation. The accused No.1
and 2 by using their positions committed
criminal breach of trust, and with the
22
C.C.No.20611/2017
intention of unlawfully assisting Accused
No.3 removed and destroyed
documentary records, including tearing
out pages from official records for their
wrongful gain and thereby the accused
persons have committed the criminal
conspiracy and committed offence
punishable under sections 120(B) read
with section 34 of IPC?

6. What order?

8. Heard the arguments and perused the materials

available on records.

9. My findings to the above points are as follows:

            POINT No.1       : In the NEGATIVE.

            POINT No.2       : In the NEGATIVE.

            POINT No.3       : In the NEGATIVE.

            POINT No.4       : In the NEGATIVE.

            POINT No.5       : In the NEGATIVE.

            POINT No.6       : As per final order, for the
                              following:-
                                    23
                                                    C.C.No.20611/2017
                              REASONS


     10.    Point No.1 to 5:-       These above points are inter-

linked   with    each    others   and   required    similar    type   of

appreciation of evidence, Hence, they are taken together for

common discussion.

11. In support of its case, the prosecution has examined

six witnesses out of 10 witnesses as PW-1 to PW-6 i.e., the PW-

1 is the Complainant, PW-2 is the Mahazar witness, PW-3 is

the Retired Waqf Board employee, PW-4 is the PI of S I T , CID,

Bengaluru, PW-5 is the Private employee and PW-6 is the PI,

Govindapura Police Station, Bengaluru and got marked the

documents Ex.P-1 to Ex.P-26 i.e., Ex.P-1 is the Spot

Panchanama, Ex.P-2 is the Statement of PW-3, Ex.P-3 is the

Statement of PW-4, Ex.P-4 is the Letter, Ex.P-5 and 6 are

Official Memorandum, Ex.P-7 to 12 are the Certified copies of

File Movement Register, Ex.P-13 is the Certified copy of Letter of

Deputation, Ex.P-14 is the Certified copy of Certificate of

Registration, Ex.P-15 is the Letter dated 20.02.2014, Ex.P-16

is the FIR, Ex.P-17 is the Certified copy of Letter, Ex.P-18 is

the Kitabul Auqaf, Ex.P-18(a) and (b) are the Part of pages not
24
C.C.No.20611/2017
there in book, Ex.P-19 is the Certified copy of receipt, Ex.P-20

is the Certified copy of Postal Order, Ex.P-21 is the Certified

copy of letter, Ex.P-22 is the Certified copy of letter dated

10.02.2020, Ex.P-23 is the Certified copy of letter dated

07.02.2020, Ex.P-24 is the Certified copy of letter dated

22.10.1999, Ex.P-25 is the Certified copy of Deed of Declaration

of Trust, Ex.P-26 is the Certified copy of Telegram and also

marked document Ex.D1 i.e., Certified copy of Judgment in

Application No.3 of 2014 C/W O.S.No.9 of 2014.

12. The case of the prosecution is that during the period

from 10.09.2013 to 21.02.2014 at the Record Room of the

Karnataka State Wakf Board, situated at Cunningham Road,

Bengaluru, the file bearing KBW/REG/6(A)/KLR/99-2000,

relating to 1 acre 9 guntas of land in Khata No.148, Survey No.

171/2A, belonging to the Chikkaballapur Al-Haj Abdul Khudus

Saheb Foundation, was entrusted to the custody and

responsibility of Accused No.1 and 2, who were employees of the

said Wakf Board. Among the said accused persons, Accused

No. 1 was serving as the In-charge of the Record Section of the

Karnataka State Wakf Board. While the file
25
C.C.No.20611/2017
KBW/REG/6(A)/KLR/99-2000 was under his custody and

control, he is alleged to have dishonestly and fraudulently

removed, stolen, and concealed the file with an intention of

misappropriating the same. On 24/02/2014, the accused

No.2 found the file bearing KBW/REG/6(A)/KLR/99-2000

between two Godrej. Upon examination of the file, it was found

that the (1) Resolution dated 31-12-1999 of the Board of

Trustees of the said institution, (2) Public Notice dated 07-12-

2000 issued by the Board. (3) Mahazar dated 03-01-2001

prepared by the Wakf Inspector, DWAC, Kolar, along with the

report of the Wakf Officer, Kolar. (4) Certificate of Registration

dated 09-02-2001 documents were missing. The KITABUL

AUQAF register that was in the custody of accused No.2, the

information relating to the file KBW/REG/6(A)/KLR/99-2000,

relating to 1 acre and 9 guntas of land in Khata No.148, Survey

No. 171/2A, belonging to the Chikkaballapur Al-Haj Abdul

Khudus Saheb Foundation had been entered. However the

pages 127 and 128 of the KITABUL AUQAF register containing

those entries were torn out and dishonestly and fraudulently

removed from the office. The accused No.1 and 2 were being
26
C.C.No.20611/2017
the public servants employed by the Karnataka State Wakf

Board, with an intention of illegally assisting the accused No.3,

who is the son of D.M. Liaquat, a trustee of the Alhaj Abdul

Kuddus Saheb Foundation Trust, entered into a criminal

conspiracy with accused No.3. In furtherance of the said

conspiracy, the accused No. 1 unlawfully removed and

concealed the file bearing KBW/REG/6(A)/KLR/99-2000,

relating to the said Foundation from the office and dishonestly

stolen the certain documents from the file. The accused No.2

torn out pages 127 and 128 of the KITABUL AUQAF register

maintained in the office, which contained information relating

to the Al-Haj Abdul Kuddus Saheb Foundation. The accused

No.1 and 2 by using their positions committed criminal breach

of trust, and with the intention of unlawfully assisting Accused

No.3 removed and destroyed documentary records, including

tearing out pages from official records and thereby the accused

persons have committed the criminal breach of trust and

committed the above offences. After completion of the

investigation the PSI of High Grounds Police Station has filed

the charge sheet against the accused persons for the offences
27
C.C.No.20611/2017
punishable under section 381, 409, 420, 424, 120(B) read with

section 34 of IPC.

13. To bring the home the guilt of accused persons the

prosecution has to prove the ingredients of Under Section 381 of

IPC.

Section 381 of I P C Reads as follows:-

Section 381 ;- Theft by clerk or servant of property in

possession of master.- Whoever, being a clerk or servant, or

being employed in the capacity of a clerk or servant, commits

theft in respect of any property in the possession of his

master or employer, shall be punished with imprisonment of

either description for a term which may extend to seven

years, and shall also be liable to be fine.

14. To bring the home the guilt of accused persons the

prosecution has to prove the ingredients of Under Section 409 of

IPC.

Sec. 409 of I P C Reads as follows:

Section 409 :- Criminal breach of trust by public

servant, or by banker, merchant or agent.- Whoever, being

in any manner entrusted with property, or with any
28
C.C.No.20611/2017
dominion over property in his capacity of a public servant

or in the way of his business as a banker, merchant, factor,

broker, attorney or agent, commits criminal breach of trust

in respect of that property, shall be punished with

[imprisonment for life], or with imprisonment of either

description for a term which may extend to ten years, and

shall also be liable to fine.

Essential ingredients:- an offence under this section has

following essential ingredients ;

1. Accused is a public servant, merchant, agent, a

factor, broker or an attorney.

2. In his such capacity he was entrusted with

some property or he gained dominion over such

property.

3. He committed criminal breach of trust.

15. To bring the home the guilt of accused persons the

prosecution has to prove the ingredients of Under Section 420 of

IPC.

Sec. 420 of I P C Reads as follows:

C.C.No.20611/2017
Section 420 :- Cheating and dishonestly inducing

delivery of property:- Whoever cheats and thereby

dishonestly induces the person deceived to deliver any

property to any person, or to make, alter or destroy the

whole or any part of a valuable security, or anything which

is signed or sealed, and which is capable of being converted

into a valuable security, shall be punished with

imprisonment of either description for a term which may

extend to seven years, and shall also be liable to fine.

1. Essential ingredients are as follows;

1. Accused cheated the complainant.

2. Accused did so dishonestly.

3. Thereby induced the complainant:

(i) to deliver some property to accused or to some

other person.

(ii) to make, alter or destroy the whole or any part

of the valuable security or anything which was

signed, sealed, and which was capable of being

converted into valuable security.
30

C.C.No.20611/2017

2. One of the ingredients of cheating as defined in

Section 415 of the Indian Penal Code is existence of an

intention of making initial promise or existence thereof from the

very beginning of formation of contract. S.V.L. Murthy v/s.

State Rep. By CBI, Hyderabad, 2009 (4) Supreme 399 : 2009 (7)

JT 385 : (2009) 6 SCC 77 : (2009) 2 SCC (Crl) 941 : AIR 2009

SC 2717.

3. To constitute an offence under section 420, there

should not only be cheating, but as a consequence of such

cheating, the accused should have dishonestly include the

person deceived (I) to delivery any property to any person, or (ii)

to make, alter or destroy wholly or in part a valuable security

(or anything signed or sealed and which is capable of being

coverted into a valuable security). Md. Ibrahim v/s. State of

Bihar, 2009 (6) Supreme 470 : 2009 (11) JT 533 : 2009 (4)

Crimes 13 : (2009) 3 SCC (Crl) 929.

16. To bring the home the guilt of accused persons the

prosecution has to prove the ingredients of Under Section 424 of

IPC.

Section 424 of I P C Reads as follows:

C.C.No.20611/2017
Section 424;-Whoever dishonestly or fraudulently

conceals or removes any property of himself or any other

person, or dishonestly or fraudulently assists in the

concealment or removal thereof, or dishonestly releases any

demand or claim to which he is entitled, shall be punished

with imprisonment of either description for a term which may

extend to two years, or with fine, or with both.

17. To bring the home the guilt of accused person the

prosecution has to prove the ingredients of Under Section 120B of

IPC.

Sec.120B of I P C Reads as follows:

Sec.120B;-Punishment of criminal

conspiracy.- (1) Whoever is a party to a

criminal conspiracy to commit an offence

punishable with death, [imprisonment for

life] or rigorous imprisonment for a term of

two years or upwards, shall, where no

express provision is made in this Code for

the punishment of such a conspiracy, be
32
C.C.No.20611/2017
punished in the same manner as if he had

abetted such offence.


               (2) Whoever is a party to a criminal

           conspiracy    other     than      a    criminal

           conspiracy    to   commit         an    offence

           punishable    as      aforesaid       shall   be

punished with imprisonment of either

description for a term not exceeding six

months, or with fine or with both.

18. PW-1 is the Retired IAS Officer, who has deposed in

her chief examination that he worked as the Chief Executive

Officer of the Karnataka State Waqf Board from 26.09.2013 to

26.12.2014. During his tenure, his responsibilities included

the administration, registration, management, and protection of

Waqf properties. He knew the accused No.1 who was working

as a First Division Assistant as Record Keeper in the Karnataka

State Waqf Board. He know the accused No. 2 who was

working as a Data Entry Operator on a contract basis. He also

knew the accused No. 3. He further deposed that Abdul Qudus

Foundation, Chikkaballapur had registered 1 acre and 9 guntas
33
C.C.No.20611/2017
of land with the Waqf Board. During the year 2013-2014 the

accused No. 3 sought documents relating to the said property

under the RTI and they were furnished the said documents.

Thereafter the said property had alienated but he do not

remember now who transferred it to whom. The said property

was alienate after obtaining the necessary permission from the

Waqf Board. But despite without obtaining permission from the

Waqf Board alienated the property. Once a property is

registered with the Waqf Board, the person who registered it he

do not right to have ownership over it. He further deposed that

in the year 2014 one person sought information regarding the

same property under the RTI Act. At that time, the file relating

to the said property was found to be missing. The register

containing details of all Waqf properties is known as Kitab

Ulauwakf. They tried to search the said filed but not found. In

this regard the CEO instructed them to conduct an inquiry and

submit a report and issued notices to the concerned persons.

The accused No.1 informed him that the Kitab-ul-Auqaf register

was in the custody of accused No.2 and the register is

completely filled, it remains with the Administrative Section,
34
C.C.No.20611/2017
and only thereafter it is transferred to the Record Section. The

file relating to the said property was in the custody of Accused

No.1. In the year 2013 one Yunus Saleem sought information

regarding the Waqf property belonging to Abdul Qudus

Foundation, Gangan Mitte Village, Chikkaballapur. In the year

2014 one Sadiq Pasha also sought information regarding the

same property. When the records were searched in response to

these requests the concerned file was found missing. The

relevant page in the Kitab-ul-Auqaf register relating to the said

property was also found missing and appeared to have been

torn out. The Record Keeper, Mr. Aasham, submitted a report

stating that the file relating to the property was missing. He

further reported that, on two previous occasions, the accused

No. 2 had taken the file relating to the property but not

returned it. The Kitab-ul-Auqaf register was in the custody of

Accused No. 2. The pages 27 and 28, relating to Serial No. 846

concerning the said property were found missing from the

were issued to Accused No.1 and 2. The accused No.1 stated

that accused No.2 had taken the file and failed to return it. The
35
C.C.No.20611/2017
accused No.2 replied that the file had returned. Therefore, to

ascertain the truth he directed the CEO to conduct a detailed

inquiry. The inquiry concluded that accused No. 1 and 2 were

responsible. The Yunus Saleem was a beneficiary in relation to

the said Waqf property. He further deposed that accused No.1

and 2 had supplied all the information relating to the Waqf

property to Accused No.3, and thereafter caused the file to

disappear. Subsequently, the accused No.3 alienated the Waqf

property. Thereafter, he lodged a complaint to the police.

The PW-1 admitted in his cross examination that he

lodged the case against the five accused persons. He admitted

that according to their complaint file related to the Al-Haz

Abdul Khudus Foundation Trust of their office was missing. He

admitted that after the trust of Al-Haz Abdul Khuddus

Foundation Trust was registered them registered the book of

Ex.P-18. He admitted that there was an entry in Sl.No.846 at

Ex.P-18 and it was mentioned in the Page No.127 and 128. It

is alleged the said Pages was torn. He admitted that after

lodging the complaint the Police took his signature to the

Mahazar. He further deposed that at the time of panchanama
36
C.C.No.20611/2017
Kitabul Book was not seized. He admitted that the said book

was marked as Ex.P-18. He admitted that presently the Page

No.127 and 128 is not there. He admitted that in his complaint

the file pertaining to the said registration was in the custody of

the accused No.1.

PW-1 admitted that, Karnataka Wakfs Board consenting

with chairmen and other members. It is not necessary to take

permission of Chairmen and other members to take

disciplinary action against the accused persons. It is not

necessary to take permission or resolution by the committee to

prosecute the staff. It is true that, applying the copies under

the Right to Information Act is not offence. It is true that once,

the person applying for certificate copies and paid the fees he

will be provided the copies. It is true that, who applied the

copies under R.T.I. Act, has no access with original documents.

It is true the accused No.3 applied and obtained the copies, he

has no access with original documents. It is false to suggest

that, when the accused No.3 applied for certificate copies to file

cancellation of registration, we have filed false complaint along

with officials to pressurized to file the case. It is false to
37
C.C.No.20611/2017
suggest that, I have filed false complaint against the accused

No.3 implicating the officials.

19. PW-2 is the Mahazar witness who has partly hostile

to the case of the prosecution, who has deposed in his chief

examination that he was working as an Attender at the

Karnataka State Waqf Board, situated at Cunningham Road. He

know the accused No.1 and 2, but he don’t know the accused

No.3. He has identified his signature on the mahazar which

has been marked as Ex.P-1 and his signature has been marked

as Ex.P-1(a). He signed the mahazar on the first floor of the

Karnataka State Waqf Board office when the police came to

their office to conduct the panchanama in respect of connection

with the property of the Chikkaballapur Waqf Board

Association. He don’t know which documents the police have

examined while preparing Ex.P-1.

20. PW-3 is the Retired Waqf Board Employee, who has

partly hostile to the case of the prosecution, who has deposed

in her chief examination that she was worked as Second

Division Assistant for 18 years and also she has worked as an

Assistant for three years. At that time the accused No.1 was
38
C.C.No.20611/2017
the Chief of the Record Room and he was doing the work related

to the Chikkaballapura Division. The accused No.3 was

working as a temporary employee. About three years ago, on

the day when she reported for duty and completed her work

and it was around 5:30 p.m. At that time, accused No.2 came to

the Records Section and told her that the ACO Madam had

asked for the file pertaining to the Chikkaballapur Division and

requested that it be provided. Then she told the accused No.2

that the accused No.1 was on leave she would not hand over the

file then the accused No.2 informed that urgently required the

file to Madam. Thereafter, the accused No.2 brought CW-5 and

CW-60. As she was unable to reach the files kept on the upper

shelves, the accused No.2 herself took out the file and see that

file. When the accused No.2 came to her section, she was

holding only a pen in her hand. When she left our section, she

was carrying a file with her. She asked her why she was taking

the file, and she replied that she was taking back the file that

she had already brought with her. Thereafter, she instructed

her attender Mubarak to arrange the files properly. After he

arranged the files, she locked the section and went home.
39

C.C.No.20611/2017
Subsequently, the ACO Madam recorded her statement

regarding the missing file relating to Chikkaballapur. Her

statement was also recorded to the effect that accused No.2 had

taken away the file. She was not informed anything about

accused No.3. She gave her statement before the police. She

don’t know the said file related to which matter.

21. The PW-3 deposed in her cross examination that,

she has not seen the register of what work was done by the

accused No.1, she can’t say which records were coming to their

department and which records were going away three years ago.

She don’t know the file number of said Chikkaballapura record.

She admitted that she has not seen that record. It is not true to

suggest that deposed false evidence. She admitted that she

don’t know about this case. She admitted that on 24.02.2024

Chikkaballapura record was found. She further deposed that

she has never seen the accused No.3 before the court. She

admitted that she is seeing the accused No.3 before the court

first time today. She admitted that she don’t know the

relationship between the accused and this case.
40

C.C.No.20611/2017

22. PW-4 is the PI, S I T, CID, Bengaluru, who has

deposed in her chief examination that she worked as a PSI at

High Grounds Police Station from July 2011 to 03.07.2014.

When she was in charge of the Police Station the CW-1 came to

the station at about 3.45 pm and given written complaint to

her. She received the said complaint and registered the Crime

No.53/14 and submitted the FIR to the higher officers and the

Hon’ble Court. On the same day drawn the mahazar in the

presence of the CW-2 and 3. On 27.03.2014 she was recorded

the statements of CW-3, 5 and 6 and appointed the employees

to trace out the accused persons. On 27.03.2024 the accused

persons were obtained anticipatory bail from the Sessions

Court and appeared before the station. Thereafter they have

enlarged on bail. On 25.06.2014 she wrote a letter to the CEO

for seeking information of the officers and documents. On

03.07.2014 she was transferred and handover the case records

to the PW-7 for further investigation. She identified the

accused No.1 and 3.

PW-4 deposed in her cross examination that,she denied

the suggestion that today firstly seeing the accused persons
41
C.C.No.20611/2017
before the court. She admitted that the CW-1 has not filed the

documents along with the complaint. She admitted that there

was no problem to making the public witness. She admitted

that the CW-1 has not produced any documents at the time of

spot mahazar. She denied the suggestion that created the

statement of witness. She denied the suggestion that there is

no relationship between the accused No.3 and this case. She

denied the suggestion that without proper inquiry registered

the false case against the accused No.3.

23. PW-5 is a private employee who has turned hostile to

the case of the prosecution.

During the course of cross examination by the learned

Sr.APP, the PW-5, admitted that when the IO has inquired him

he deposed that the accused No.1 and 2 for assisting the

accused No.3 misplaced the said file and torn the pages of the

Kitabul Book related to the Al-Haz Abdul Khuddus Foundation

Trust. He admitted in his statement that the said misplaced

record No.AW RGB 6(A) K L R 99/2000, dated 09.02.2001 was

found related to the Al-Haz Abdul Khuddus Foundation Trust

and also he don’t know that who stolen the said record.
42

C.C.No.20611/2017
During the course of cross examination by the learned

counsel for accused persons the pw5 deposed that, he don’t

know who was applied the application through RTI. He denied

the suggestion that the accused No.2 did not help anyone and

he did not related to the said case. He denied the suggestion

that , he deposed false evidence against the accused No.2 to

help the complainant.

24. PW-6 is the PI, Govindapura Police Station,

Bengaluru who has deposed in his chief examination that, he

was worked as a PSI at High Grounds Police Station from

03.07.2014 to 07.05.2015. He has received the case record in

Crime No.53/14 dated 03.07.2014 from CW-9 for further

investigation and received the reply to the notices on

25.06.2014 which was issued notice on dated 25.06.2014 and

after verifying the all the certified copies confirmed that the

accused persons have committed the offences and filed charge

sheet before the court.

The PW-6 admitted in his cross examination that, the

complainant has brought and produced the Ex.P-4 as per the

notice given by him. He admitted that the file has been found
43
C.C.No.20611/2017
as per the letter dated 24.02.2014. The said letter was given

along with the Ex.P-4 by the office of CW-1 it was marked as

Ex.P-4(b). He denied the suggestion that as per the Ex.P-4 the

file was found on the basis of information and filed wrong

charge sheet against the accused persons.

PW-6 denied the suggestion that there is no relationship

between the accused persons and this case. The witness

voluntarily stated that the accused persons illegally alienate the

properties pertaining to the Waqf Board.

25. It is pertinent to note that, the CW-3, CW-5, CW-6,

CW-7 were dropped in the present case,

26. Further it is pertinent to note that, The PW-1

admitted in his cross examination that he lodged the case

against the five accused persons. He admitted that according to

their complaint file related to the Al-Haz Abdul Khudus

Foundation Trust of their office was missing. He admitted that

after the trust of Al-Haz Abdul Khuddus Foundation Trust was

registered them registered the book of Ex.P-18, PW-3 deposed

in her cross examination that, she has not seen the register of

what work was done by the accused No.1, she can’t say which
44
C.C.No.20611/2017
records were coming to their department and which records

were going away three years ago. She don’t know the file

number of said Chikkaballapura record. She admitted that she

has not seen that record,the pw4 deposed in his cross

examination that,She admitted that there was no problem to

making the public witness. She admitted that the CW-1 has

not produced any documents at the time of spot mahazar. The

PW6 admitted in his cross examination that, the complainant

has brought and produced the Ex.P-4 as per the notice given by

him. He admitted that the file has been found as per the letter

dated 24.02.2014.

27. In this case, the prosecution has failed to elicit

anything favorable to it to prove the allegations against the

accused person under section 381, 409, 420, 424, 120(B) read

with section 34 of IPC. When these being the facts, I am of the

opinion that in total the prosecution has failed to bring home

the guilt of the accused No.2, beyond all reasonable doubt. In

view of the same, this court hold Point No.1 to 5 in the

Negative.

C.C.No.20611/2017

28. Point No.6:- For the reasons stated and finding

given to point No.1 to 5, the following is made.

ORDER
The accused No.2 is not found guilty for

the offences punishable under section 381, 409,

420, 424, 120(B) read with section 34 of IPC.

Acting under section 248(1) of Code of

Criminal Procedure the accused No.2 is hereby

acquitted for the offences punishable under

section 381, 409, 420, 424, 120(B) read with

section 34 of IPC.

The bail bonds and surety bonds executed

by her stand canceled.

(Directly dictated to the stenographer on computer, typed by him, revised, corrected
and then pronounced by me in the open Court on this the 14th day of July, 2026).

(SIDDARAMA.S.)
III ADDL. CHIEF JUDICIAL MAGISTRATE,
AT BENGALURU CITY.

C.C.No.20611/2017
ANNEXURE

1. List of witnesses examined for the prosecution:

PW-1 : Sri.Meer Anis Ahamed S/o Meer Kalimulla.
PW-2 : Sri.Mohammed Muzamid S/o Mohammed Ashraf;
PW-3 : Smt.Ghousiya Bhanu W/o Syed Abdul Khader;
PW-4: Smt.Shobha G W/o Vishwanath;

PW-5 : Sri.Saleem babu S/o Alla Bakash;
PW-6 : Sri.Kiran P.B. S/o Basavaraju.

2. List of witnesses examined for the defense:

– NIL –

3. List of documents exhibited for the prosecution:

Ex.P-1: Spot Panchanama;

Ex.P-1(a): Signature of PW-1;

Ex.P-1(b): Signature of PW-2;

Ex.P-1(c): Signature of PW-8;

Ex.P-1(d): Signature of PW-9;

Ex.P-2: Statement of PW-3;

Ex.P-2(a): Signature of PW-4 in CC No.4514/2016;
Ex.P-3: Statement of PW-4;

Ex.P-4 : Letter dated 18.08.2014;

Ex.P-4(a): Signature of PW-7;

Ex.P-4(b): Signature of PW-7 ;

Ex.P-5: Official Memorandum dated 20.06.2012;
Ex.P-6: Official Memorandum dated 21.01.2013;
Ex.P-7 to 12 : Certified copies of File Movement Register;
Ex.P-13: Certified copy of Letter of Deputation;
47

C.C.No.20611/2017
Ex.P-14: Certified copy of Certificate of Registration dated
09.02.2001;

Ex.P-15: Letter dated 20.02.2014;

Ex.P-15(a): Signature of PW-8;

Ex.P-16: FIR ;

Ex.P-16(a): Signature of PW-8;

Ex.P-17: Certified copy of Letter dated 07.03.2014;
Ex.P-18: Kitabul Auqaf;

Ex.P-18(a) and (b) : Part of pages not there in book;
Ex.P-19 : Certified copy of receipt;
Ex.P-20: Certified copy of Postal Order;
Ex.P-21: Certified copy of letter;

Ex.P-22: Certified copy of letter dated 10.02.2020;
Ex.P-23: Certified copy of letter dated 07.02.2020;
Ex.P-24: Certified copy of letter dated 22.10.1999;
Ex.P-25: Certified copy of Deed of Declaration of Trust;
Ex.P-26: Certified copy of Telegram.

4. List of documents exhibited for the defense:

Ex.D-1: Certified copy of Judgment in Application No.3 of
2014 C/W O.S.No.9 of 2014.

5. List of Materials objects exhibited for the prosecution:

– NIL –

(SIDDARAMA.S.)
III ADDL. CHIEF JUDICIAL MAGISTRATE,
AT BENGALURU CITY.

Source link

Welcome to Airr News

Welcome to Airr News

Forever

Recommended

1-Year

1-Month

Welcome to Airr News

Forever

Recommended

1-Year

1-Month

Welcome to Airr News

Highgrounds Ps vs A2. Samshiya Kousar on 14 July, 2026

Bangalore District Court