G.A.Srikante Gowda, along with his son Gagan Srikante, filed Criminal Appeal No.1209 of 2019 for their client M.S.Krishnappa (now dead) against my mother. In this criminal appeal they challenge the order of acquittal passed in my mother’s favour.
| APPELLANT | RESPONDENT |
|---|---|
| M.S.KRISHNAPPA | SUSHEELA V |
Beginnings of Criminal Appeal No.1209 of 2019
| COMPLAINANT | ACCUSED |
|---|---|
| M.S.KRISHNAPPA | SUSHEELA V |
On 18th March 2010, N.S.Vijaya Bhaskar Reddy [KAR/3540/2005], on behalf of M.S.Krishnappa, filed a private criminal complaint (P.C.R) against my mother. They filed this complaint in the court of the XIV Additional Chief Metropolitan Magistrate [A.C.M.M.], Mayo Hall, Bangalore. This ended in my mother’s acquittal on 09.04.2019. Subsequently G.A.Srikante Gowda and his son Gagan Srikante filed Criminal Appeal No.1209 of 2019 for M.S.Krishnappa. Until now, the court is waiting for trial court records. As such still pending for consideration in the High Court of Karnataka.
In April of 2022 my sister and I stumbled on a series of investigative articles. These, carried by Bangalore Mirror and Mumbai Mirror, revealed details of a “scam” in the courts. According to them, the Presiding Officer Dr.A.Gurumurthy of the XIV A.C.M.M, Mayo Hall, Bengaluru unearthed a 15,000 crore “scam” in 2010. Because of collusion between Banks, Lawyers and Court staff.
The image above, on the left, is the cover page of the court order sheet of the complaint filed against my mother. In contrast on the right a Central Information System printed court order sheet. The court order sheet above (left) is from the same court, same time filed during the “scam”. It also mirrors the image of fake court order sheets carried in the stories. A mere juxtaposition evidences fabrication. Coupled with a lot of other anomalies they point to the fact that this criminal case was fraudulently instituted.
Our Legal Representation
Legal Counsel represented my mother for 10 years in this 13 year trial.
I am in the process of filing permission to plead on her behalf in person in the High Court of Karnataka.
Trajectory of Private Criminal Complaint No.1553/2010
The XIV A.C.M.M. court, Mayo Hall dismissed the fraudulently filed Private Criminal Complaint for non-prosecution on 19.06.2012. G.A.Srikante Gowda filed Criminal Revision Petition No.4934/2013, for M.S.Krishnappa, in the High Court of Karnataka assailing the same. This was dismissed on maintainability.
Thereafter G.A.Srikante Gowda, for M.S.Krishnappa, filed Criminal Appeal No.1153/2019 seeking to restore P.C.R.No.1553/2010 back on file. Justice Budihal R.B. on 27.09.2018 allowed this Criminal Appeal. This is the same person who was the Registrar-General of the High Court of Karnataka when the “scam” was discovered in 2010. It is to be noted that my mother was unrepresented here. This is in stark violation of Supreme Court judgments. Moreover the court office completely overlooked the discrepancies in the cause title – Initials of my mother is wrong and the address is wrong. They differ not only from the trial court records but also here in the High Court.
Thus the High Court restored the Private Criminal Complaint back on to the file of the XIV A.C.M.M. court in late 2018. The trial, thankfully, took just a few months. With the result being my mother’s acquittal.
Problems in Criminal Appeal No.1209 of 2019
Scrutiny Objections
The Court Office did not raise any objections to the discrepancies in the cause title as seen below. The names and addresses in an appeal have to match the names and addresses in the trial court judgment.
Scrutiny Objection Points:
- Whether the names, age and address of Appellants and Respondents stated in full and tally with those in the cause title of the order/judgments of the courts below as per Rule 2(4) Chapter VI of Karnataka High Court Rules?
Read more about another such fraudulently filed criminal complaint and the problems we face challenging it in the High Court of Karnataka.