Bangalore District Court
State By Jayanagar vs Is Husband Of C.W.1. After Their Love on 13 May, 2022
IN THE COURT OF THE I ADDL.CMM: BENGALURU
Dated this the 13th day of May 2022
Present: Shri Anand T Chavan, B.Com., LL.B(Spl.).
I Addl. C.M.M BENGALURU.
JUDGMENT U/s. 355 Cr.P.C.,
Case No. : C.C.No.563/2019
Date of Offence : 11-4-2017 to 25-5-2017
Name of complainant : State by Jayanagar
Police Station, Bengaluru.
(By Learned Sr. APP)
Name of accused : Kiran Kumar R.
S/o Kondappa,
aged 36 years,
R/o No.12/518,
Sathyanarayanapet,
Gunthakal Taluk,
Ananthapur District,
Andhra Pradesh.
( By Shri E.P.Sathisha, Advocate)
Offences complained off: U/s. 354(D), 506 of IPC
& u/s 67 of Information
Technology Act.
Plea of accused : Pleaded not guilty
Final Order : Accused is acquitted
2 C.C.No.563/2019
Date of Order : 13-5-2022
JUDGMENT
The Police Inspector, Jayanagar P.S. has filed charge sheet against accused for offences punishable under Sections 354(D), 506 of IPC and under Sec.67 of Information Technologist Act.
2. Brief facts of prosecution case are that :-
Accused is husband of C.W.1. After their love marriage, there was some family dispute between them and a case was lodged by C.W.1 before Jayanagar police alleging ill-treatment. In spite of it from 30-3-2017 to May 2017 accused continuously sent abusive and threatening messages from his mobile Nos.7259598802 and 8618274580 to mobile phones of C.Ws.1 to 3 bearing Nos.8105982828, 9845011716 and 9591461497 through WhatsApp messenger. Further accused posted abusive and obscene messages in Facebook and thereby he 3 C.C.No.563/2019 continuously stalked and harassed C.W.1. Thereafter on 25-5-2017, C.W.1 lodged first information before Jayanagar police, which was registered by them in their PS Crime No.156/2017 and FIR is issued. After recording statements of material witnesses and after conclusion of investigation, I.O. has filed charge sheet against accused for above offences.
3. Accused was arrested during crime stage and he is enlarged on bail. After filing of this charge sheet, cognizance of above offences is taken and summons is issued. Accused has appeared after coercive steps. Copy of charge sheet is furnished to accused u/s 207 of Cr.P.C and charge is framed. Accused has not pleaded guilt of alleged offences and he has claimed to be tried.
4. In order to prove the guilt of the accused, prosecution has examined 1 witness as P.W.1 and got marked 4 documents as per Exs.P1 to P4. 4 C.C.No.563/2019 However, statement of accused u/s 313 Cr.P.C. is dispensed with as there is no incriminating evidence against accused.
5. On the basis of charge sheet allegation, the following points arose for consideration:
1. Whether the prosecution proves beyond reasonable doubts that accused has committed offence punishable under section 354(D) of IPC?
2. Whether the prosecution proves beyond reasonable doubts that accused has committed offence punishable under section 506 of IPC?
3. Whether the prosecution proves beyond reasonable doubts that accused has committed offence punishable under section 67 of Information Technology Act?
4. What order ?
6. Heard arguments. Perused oral and documentary evidence adduced by the prosecution. The following are findings to above points. 5 C.C.No.563/2019
Point No.1 to 3: In the Negative Point No.4 : As per final order, for the following:
REASONS
7. Point No.1 to 3:- These points are taken together for consideration as findings on one point have bearing on other points.
8. In support of its case, prosecution has got examined C.W.1/first informant-cum-victim of the case by name Yogitha R. W/o Kiran Kumar as P.W.1 and she has completely turned hostile by testifying that she does not know as to who sent abusive and threatening messages to her mobile phone. She has further stated that there was some misunderstanding between herself and accused with regard to personal issues and in that regard she had approached Jayanagar police, who obtained her signatures on three documents. She has further turned hostile by stating that she does not know the 6 C.C.No.563/2019 contents of said documents. Though she has identified first information, spot mahazar and seizure mahazar as per Exs.P1 to P3 and her signatures on said documents as per Ex.P1(a) to P3(a), she has clearly stated that, she does not know the contents of said documents.
9. Though P.W.1 is treated as hostile witness and cross-examined at length by learned APP, nothing worth while is elicited from her mouth in order to prove that accused has sent aforesaid abusive and threatening messages and also to prove that accused had stalked C.W.1 as per case of prosecution.
10. Hence in view of hostile evidence of aforesaid principal witness, rest of prosecution witnesses are dropped as no purpose of prosecution will be served by examining them. Hence absolutely there is nothing on record to prove that accused has sent abusive and threatening messages to C.Ws.1 to 3, he has stalked C.W.1 and thereby he has 7 C.C.No.563/2019 committed alleged offences. Hence in view of above reasons, the evidence of prosecution witnesses has not inspired the confidence of the Court with regard to alleged guilt of accused and as such it is incumbent upon this Court to hold that the prosecution has failed to prove beyond all reasonable doubt that he has committed offences punishable under Sections 354(D), 506 of IPC and under Sec.67 of Information Technology Act. Hence, Point No.1 to 3 are answered in Negative.
11. Point No.4: -
For the reasons stated and findings given on point No.1 to 3, following is:
ORDER Acting under Section 248(1) of Cr.P.C. the accused is acquitted for the offences punishable under Sections 354(D), 506 of IPC and under Sec.67 of Information Technology Act.8 C.C.No.563/2019
The bail bond and surety bond executed by accused shall continue for a period of two months from the date of this order and thereafter same shall stand canceled automatically.
( Typed by me directly on computer, revised, corrected by me and then pronounced in open court on this the 13 th day of May 2022).
(Anand T Chavan) st 1 Addl. CMM., Bengaluru.
ANNEXURE List of witnesses examined for prosecution :-
P.W.1, Smt.Yogitha R.;
List of exhibits marked for prosecution :-
Ex.P1, First information,
Ex.P1(a), Signature of P.W.1,
Ex.P2, Spot mahazar,
Ex.P2(a), Signature of P.W.1,
Ex.P3, Seizure mahazar,
Ex.P3(a), Signature of P.W.1,
Ex.P4, Further statement of P.W.1;
List of material object :
NIL
List of Witnesses examined for defence:- 9 C.C.No.563/2019
NIL List of documents marked for defence:-
NIL 1st Addl. CMM., Bengaluru.10 C.C.No.563/2019
13-05-2022 State by Sr.APP Accused C/B For Judgment (Judgment pronounced in the Open Court) ORDER Acting under Section 248(1) of Cr.P.C. the accused is acquitted for the offences punishable under Sections 354(D), 506 of IPC and under Sec.67 of Information Technology Act.
The bail bond and surety bond executed by accused shall continue for a period of two months from the date of this order and thereafter same shall stand canceled automatically.
I ACMM, Bengaluru.