Bangalore District Court
The State Of Karnataka Through vs Deepak Kumar.C on 1 July, 2022
1 CC.No.9469/19
IN THE COURT OF XXIV ADDL. CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
DATED THIS THE 1st DAY OF JULY 2022
C.C. No.9469/19
Present: SRI. B.C.CHANDRASHEKAR
B.A., LL.B.,
XXIV ADDL. C.M.M., BENGALURU.
COMPLAINANT : The State of Karnataka through
K.G.Nagar Police Station
Rep.by Sr.APP
V/s.
Accused 1. Deepak kumar.C,
s/o.Chandrashekar, 34
yrs,
2. Vijayalakshmi, w/o.Chandrashekar,
58 yrs
3. Chandrashekar, s/o.late.Shyamanna,
65 yrs
A1 to 3 are r/at.No.17, 2nd cross, 2nd
main, Nanjamba Agrahara, Bengaluru.
2 CC.No.9469/19
4. Savitha, w/o.Girish, 32 yrs, No.178,
8th cross, Dasarahalli, Bengaluru.
5. Sudha, w/o.S.Venkatesh Babu, 37 yrs,
R/at.No.59, tth main, 5th cross,
Chamarajpet, Bengaluru.
6. S.Venkatesh Babu,
s/o.Srinivas, 43 yrs,
R/at.No.59, tth main, 5th
cross, Chamarajpet,
Bengaluru.
Rep.by Sri.DK, Advocate
DATE OF COMMENCEMENT : 19/06/17 onwards
OF OFFENCE
DATE OF ARREST OF THE : Accused No.1 to 6 are on bail.
ACCUSED
OFFENCES ALLEGED : U/s.498(A) of IPC and Sec.3, 4
and 6 of D.P.Act
DATE OF COMMENCEMENT : 15/06/2022
OF EVIDENCE
DATE OF CLOSING OF : 15/06/2022
EVIDENCE
OPINION OF THE JUDGE : Found not guilty
(B.C.CHANDRASHEKAR)
XXIV A.C.M.M., BENGALURU.
3 CC.No.9469/19
: J U D G M E N T :
The PI of K.G.Nagar Police station has filed chargesheet
against accused No.1 to 6 for the offences punishable
u/s.498(A) of IPC and Sec.3,4 and 6 of D.P.Act.
2. The brief facts of the case of the prosecution are
that the CW1 is the legally wedded wife of accused No.1, their
marriage was solemnized on 19/6/17 at R.V.Kalyana
Mantapa, at that time, accused persons have demanded and
received Rs.5,00,000/ cash, 350 grams gold ornaments, 1 kg
silver articles from the parents of CW 1 as dowry, thereafter,
while C.W.1 was residing along with accused persons at
house No.17, 2nd main, 2nd cross, Nanjamba Agrahara,
Chamarajpet, within the limits of K.G.nagar police station,
accused persons have mentally and physically tortured CW1
for further dowry of Rs.10 lakhs, 1 acre land and one car and
have treated CW1 with cruelty and thereby committed the
offences u/s.498(A) of IPC and Sec.3,4 and 6 of D.P.Act.
3. On the basis of the complaint of the CW 1, this crime
has been registered by K.G.Nagar Police Station. After
investigation, Investigating officer has submitted the
chargesheet against the accused No.1 to 6 for the offences
4 CC.No.9469/19
u/s.498(A) of IPC and Sec.3,4 and 6 of D.P.Act. The
cognizance for the said offences are taken. Accused No.1 to 6
have already obtained anticipatory bail from Sessions Court
and on issuance of summons, they have appeared through
their counsel and filed the regular bail application & they are
released on bail.
4. The copies of the prosecution papers have furnished
to the accused No.1 to 6 as contemplated u/s.207 of Cr.P.C.,
After being heard the arguments before charge, as there were
no grounds to discharge them, charge for the offences
u/s.498(A) of IPC and Sec.3,4 and 6 of D.P.Act have been
framed & read over, explained to the accused No.1 to 6 in the
language best known to them. The accused No.1 to 6 have
not pleaded guilty and claims to be tried. Hence, the case
taken up for trial.
5. In order to prove the guilt of the accused persons, the
prosecution has examined the complainant and victim as PW1
out of 18 witnesses as cited in the chargesheet. 3 documents
have been marked as Ex.P.1 to 3. Since the PW1 being the
victim has turned hostile and there is no incriminating
evidence against the accused persons, examination of accused
persons u/s.313 of Cr.P.C., has been dispensed with.
5 CC.No.9469/19
6. Heard the arguments of learned APP and counsel for
accused persons. Perused, On the basis of the above, the
following points have arises for my consideration :
1) Whether prosecution proves beyond
reasonable doubt that the CW1 is the legally
wedded wife of accused No.1, their marriage
was solemnized on 19/6/17 at R.V.Kalyana
Mantapa, at that time, accused persons
demanded and received Rs.5,00,000/ cash,
350 grams gold ornaments, 1 kg silver articles
from the parents of CW 1 as dowry, thereafter,
while C.W.1 was residing along with accused
persons at house No.17, 2nd main, 2nd cross,
Nanjamba Agrahara, Chamarajpet, within the
limits of K.G.nagar police station, accused
persons have mentally and physically tortured
CW1 for further dowry of Rs.10 lakhs, 1 acre
land and one car and have treated CW1 with
cruelty and thereby the accused persons have
committed an offence punishable U/s.498(A) of
IPC ?
2) Whether prosecution proves beyond
reasonable doubt that accused persons in
furtherance of the above act demanded further
dowry from CW 1 and thereby committed the
offences u/s.3,4 and 6 of D.P.Act ?
3) What order ?
7. My answer to the above points is as under;
Point No.1 and 2 In the Negative
Point No.3As per final order for the following :
1 CC.No.9469/19
REASONS
8. Point No.1 and 2 : Since all these points are
interlinked, I have taken them together for common
discussion in order to avoid the repetition. According to the
prosecution, accused No.1 to 6 have committed the offences
u/s.498(A) of IPC and Sec.3,4 and 6 of D.P.Act. In order to
prove the guilt of the accused persons, the prosecution has
examined the complainant as PW.1, who is the victim. The
PW 1 has deposed that the accused No.1 is her husband,
accused No.2 and 3 are her in laws, accused No.4 and 5 are
her sister in laws and accused no.6 is the brother in law of
accused no.1. She further deposed that on 19/6/17 her
marriage with accused no.1 was solemnized. After her
marriage, the accused persons are in cordial terms with her.
The accused persons never subjected her to cruelty. About 4
years back, when she went to Police Station, they have took
her signature on three documents which are the complaint
and mahazars and they have marked as Ex.P.1 to 3. She has
deposed that she does not know what has written in Ex.P.1 to
3. Thus she has totally turned hostile to the case of the
prosecution.
9. At request of learned senior APP this witness has been
2 CC.No.9469/19
treated as hostile witness and permission was accorded to
cross examine her. In the cross examination the learned
Sr.APP suggested the case of the prosecution and same has
been denied by the witness. On the basis of the above
evidence of PW.1 the court cannot come to conclusion that
the accused persons have committed the offence as alleged by
the prosecution. Here the PW.1 turned hostile, in the cross
examination she has categorically admitted that, she and
accused persons have compromised the matter. That is the
reason why PW.1 has not given any evidence supporting the
case of the prosecution. In a criminal justice system, if a tiny
doubt arises in the mind of the court, benefit of doubt shall be
extended to the accused persons. In this case, not only tiny
doubt but the strong doubt arise in the mind of the court,
because the victim herself has not supported the case of the
prosecution. Hence, the prosecution has utterly failed to
prove the guilt of the accused persons beyond all reasonable
doubt. Hence, in my opinion it is a fit case to extend benefit
of doubt to the accused persons. Accordingly point under
reference answered in the Negative.
10. POINT NO.2 :
For the aforesaid reason and discussion, I proceed to
pass the following:
3 CC.No.9469/19
ORDER
Acting under section 248(1) of Cr.P.C. Accused No.1 to 6 are hereby acquitted for the offence punishable U/s.498(A) of IPC and Sec.3,4 and 6 of D.P.Act.
The bail bond executed by the accused No.1 to 6 are stands cancelled. However, Accused No.1 to 6 shall execute personal bond of Rs.50,000/ each by undertaking to appear before the appellate Court, if any appeal is filed.
It is not a fit case to award victim compensation as provided U/s.357(1) of Cr.P.C., (Dictated to the stenographer, script transcribed by her and then corrected directly on computer and then pronounced by me in open court on this the 1st day of July 2022).
(B.C.Chandrashekar) XXIV A.C.M.M., BENGALURU.
ANNEXURE Witnesses examined for the Prosecution:
PW1 : Shashikumari Documents marked for the Prosecution:
4 CC.No.9469/19Ex.P1 : Complaint Ex.P1(a) : Signature Ex.P.2 : Spot mahazar Ex.P.3 : Seizure mahazar
Witnesses examined for the accused: NIL Documents marked for the accused: NIL (B.C.Chandrashekar) XXIV A.C.M.M., BENGALURU.