Bangalore District Court
Toukir Khan vs Chandra @ Chandrashekar ... on 20 March, 2024
KABC030630272016
Presented on : 18.10.2016
Registered on : 18.10.2016
Decided on : 20.03.2024
Duration : 07y/05m/02days
IN THE COURT OF XLI ADDL. CHIEF METROPOLITAN
MAGISTRATE, AT : BENGALURU
PRESIDED OVER BY TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B.,
XLI Addl. Chief Metropolitan Magistrate
Bengaluru
Dated on this 20th day of March 2024
C.C.No.23053/2016
COMPLAINANT : The State by
Koramangala Police Station
-V/s-
ACCUSED : 1. Chandra @ Chandrashekar
@ Chandrashekar Murthy
S/o. Late Krishnappa,
Aged 34 years, R/at. No.7,
20th cross, Ejipura, Bengaluru.
2. Vinod Kumar
S/o. Thayappa,
Aged 28 years, R/at. No.66,
20th cross, Near Bajane House,
Ejipura, Vivek Nagar, Bengaluru.
2 C.C.No.23053/2016
3. Kishore.N
S/o. M.Nagaraj,
Aged 24 years, R/at. No.5,
Abbayyappa Compound,
Sriram temple main road,
Ejipura, Vivek Nagar, Bengaluru.
4. Mani.M
S/o. Late Muniswamy,
Aged 56 years, R/at. No.1,
10th cross, Ejipura Main Road,
Vivek Nagar, Bengaluru.
5. Pramod Kumar.G.S.,
S/o.Srinivas, Aged 29 years,
R/at.No.30, 9th cross,
Dundappa Gowda Road,
Ejipura, Vivek Nagar,Bengaluru.
6. Srinivas
S/o. Thayappa,
Aged 26 years, R/at.No.7,
VK building, Behind Everest High
school, Ejipura, Bengaluru.
7. Harish
S/o.Muninarayan,
Aged 28 years, R/at.No.6,
20th Cross, Ejipura,
Vivek Nagar, Bengaluru.
3 C.C.No.23053/2016
8. T.Harish
S/o. H.Thayappa,
Aged 27 years, R/at. No.25,
20th cross, Ejipura Main Road,
Vivek Nagar, Bengaluru.
9. Ganesh
S/o. Late Muniyappa,
Aged 30 years, R/at.No.132,
20th A cross, Near Chavara Church,
Ejipura, Vivek Nagar, Bengaluru.
10. Venkatesh
S/o. Late Venkataramana,
Aged 29 years, R/at. No.14/1,
19th cross, Guchappa Road,
21st Main, Near Sriram temple,
Ejipura, Vivek Nagar, Bengaluru.
11. Umapathi
S/o. Sriramaiah,
Aged 38 years, R/at. No.32,
20th cross, Sriram temple road,
Ejipura, Bengaluru.
12. M.Sujan
S/o. Y.Muniswamy,
Aged 24 years, R/at. No.19,
4th Main, Near Yellamma temple,
Srinivagilu, Bengaluru.
4 C.C.No.23053/2016
13. Harish.A
S/o. Ashwath Narayana,
Aged 35 years, R/at. No.96,
21st cross, Sampangi Ramaiah Road,
Ejipura, Bengaluru.
14. T.Dilip
S/o. Thayappa,
Aged 26 years, R/at. No.2/3,
20th cross, Ejipura, Vivek Nagar,
Bengaluru.
15. Charanraj.S
S/o. Srinivas,
Aged 32 years, R/at. No.5,
Sri.Venkateshwara Nilaya,
20th cross, Rama temple,
Ejipura, Bengaluru.
16. Manjunath -Abated
17. Vijay Kumar.K
S/o Krishnappa.p,
Aged 35 years, R/at. No.14,
Krishnappa building, 23rd cross,
Ejipura Main Road, Bengaluru.
18. Muniraju.V
S/o. Venkatappa.M,
Aged 36 years, R/at. No.7/2/3,
Marappa compound,
Ejipura Main road,Bengaluru.
5 C.C.No.23053/2016
Date of Commission of offence 14.02.2016
Date of report 14.02.2016
Date of arrest 16.02.2016
Name of the complainant Thouqeer Khan
Date of commencement 17.03.2023
of recording Evidence
Date of closing evidence 28.02.2024
Offences complained of U/Sec. 143, 147, 295[A], 448, 427,
323 R/w 149 of IPC.
Opinion of the Judge As per final orders
State Represented by Senior Asst. Public Prosecutor
Accused Represented by Sri.Narayan Reddy M,
Sri.H.V.J.Gowda, Sri.J.Sukumar,
Advocates.
JUDGMENT
[Delivered on 20.03.2024] The P.I of Koramangala police station has filed charge sheet against the accused for the offences punishable U/Sec. 143, 147, 295[A], 448, 427, 323 R/w 149 of IPC..
2. Brief facts of prosecution case is as follows:
On 14.02.2016 at 10.30 a.m., the accused by forming unlawful assembly in prosecution of common object went near the building of CW.1, which is situated at No.2, 1st cross, Church road, Ejipura, 6th block, Koramangala, quarreled with him, 6 C.C.No.23053/2016 illegally trespassed into the Masjid constructed him, damaged the wind screen of I-10 Hyundai car bearing No.KA.01.MH.1704 which was parked in ground floor of the building, broken the upper glass of the door, removed the flex affixed to the windows at the first floor, broken the fan placed on the table, damaged the glasses, caused loss to the tune of Rs.20,000/- beaten CW.4 with hands, caused hurt and maliciously insulted the religious beliefs of Muslim community. On the basis of written information given by Thouqeer Khan, the Koramangala police have registered this case in Cr.No.61/2016.
3. On 16.02.2016, the accused No.2 to 10 were arrested and produced before this court. As per order dated 19.02.2016, they were enlarged on bail. On 11.08.2017, the accused No.11, 13, 15 to 16, on 22.09.2017 accused No.12, on 13.04.2019 the accused No.1, on 18.08.2022 the accused No.17 and 18 and on 17.10.2022, the accused No.14 appeared through their counsels and got enlarged themselves on bail.
7 C.C.No.23053/2016
4. After the investigation, the IO filed charge sheet against the accused No.1 to 18. This Court has taken cognizance of the offences punishable U/Sec. 143, 147, 295[A], 448, 427, 323 R/w 149 of IPC. This Court complied with Sec.207 of Cr.P.C., and furnished charge sheet copies to the accused.
5. During the pendency of the case, the accused No.16 reported as dead. Hence, the case against him was abated. This Court heard both the parties. As there were no grounds to discharge the accused No.1 to 15, 17 and 18, this Court framed charges for the offences punishable U/Sec. 143, 147, 295[A], 448, 427, 323 R/w 149 of IPC. The accused did not plead guilty. They claimed to be tried.
6. In order to prove its case, the prosecution got examined one witnesses as PW.1. After the closure of the evidence of the prosecution, this court recorded the statements of the accused U/Sec.313 of Cr.P.C., wherein, they denied the incriminating 8 C.C.No.23053/2016 evidence led against them. They did not choose to lead their defense evidence.
7. I have heard the arguments of Senior APP and Sri.CCN Advocate.
8. On the basis of allegations made against the accused, the following points arise for my consideration:
1. Whether the prosecution proves beyond all reasonable doubt that, the accused by forming unlawful assembly in prosecution of common object went near the building of CW.1 on 14.02.2016 at 10.30 a.m., which is situated at No.2, 1st cross, Church road, Ejipura, 6th block, Koramangala and thereby they have committed the offence punishable U/Sec.143 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in prosecution of common object quarreled with CW.1, committed rioting and thereby they have 9 C.C.No.23053/2016 committed the offence punishable U/Sec.147 of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in prosecution of common object trespassed into the Masjid constructed CW.1 and thereby they have committed the offence punishable U/Sec.448 of IPC?
4. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in prosecution of common object maliciously insulted the religious beliefs of Muslim community and thereby they have committed the offence punishable U/Sec.295[A] of IPC?
5. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in prosecution of a common object beaten CW.4 with hands, caused hurt and thereby they have committed the offence punishable U/Sec.323 of IPC?10 C.C.No.23053/2016
6. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in prosecution of common object, damaged the wind screen of I-10 Hyundai car bearing No.KA.01.MH.1704 which was parked in ground floor of the building, broken the upper glass of the door, removed the flex affixed to the windows at the first floor, broken the fan placed on the table, damaged the glasses, caused loss to the tune of Rs.20,000/- and thereby they have committed the offence punishable U/Sec.427 of IPC?
7. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused being the members of unlawful assembly in prosecution of a common object committed offence and thereby each member of unlawful assembly has committed the offence punishable U/Sec.149 of IPC?
8. What order?11 C.C.No.23053/2016
9. My answers to the above points are as under:
Point No.1 : In Negative
Point No.2 : In Negative
Point No.3 : In Negative
Point No.4 : In Negative
Point No.5 : In Negative
Point No.6 : In Negative
Point No.7 : In Negative
Point No.8 : As per final orders for the following:
REASONS
Point No.1 to 7: As all these points are interrelated, I take all the seven points together for common discussion to avoid repetition.
10. The burden is casted on the prosecution to prove that, the accused by forming unlawful assembly in prosecution of common object went near the building of CW.1 on 14.02.2016 at 10.30 a.m., which is situated at No.2, 1st cross, Church road, Ejipura, 6th block, Koramangala, quarreled with CW.1, committed rioting, trespassed into the Masjid constructed him, maliciously insulted the religious beliefs of Muslim community, beaten CW.4 with hands, caused hurt, damaged the wind screen of I-10 Hyundai car 12 C.C.No.23053/2016 bearing No.KA.01.MH.1704 which was parked in ground floor of the building, broken the upper glass of the door, removed the flex affixed to the windows at the first floor, broken the fan placed on the table, damaged the glasses and caused loss to the tune of Rs.20,000/-. In order to prove its case, the prosecution got examined the police officer, who arrested 9 accused/ CW.5 as PW.1.
11. CW.1/PW.1 - Mehaboob Maniyar in his evidence has stated that, while he was working as Head constable at Koramangala police station on 15.02.2016, the CW.10 deputed him, CW.6 to 9 to trace out the accused. On the same day at 11.45 p.m., they received an information from the informants that, the accused are available near Srirama Temple Ejipura. Accordingly, he went to the spot at 12.15 a.m., along with CW.6 to 10 in a private vehicle.
The informant showed 9 persons. They caught hold of them. On enquiry they told their names as Vinod, Ganesh, Mani, Kishore, Harish, Venkatesh, Srinivas, Pramod and Harish. Accordingly, 13 C.C.No.23053/2016 they took them to their custody and produced before CW.12 at 1.30 a.m. The CW.10 has given a report in this regard. He has identified those 9 accused persons.
12. On the basis of computerized typed information/ complaint given by CW.1, the Koramangala police have registered this case, investigated the matter and filed charge sheet against the accused. In first information/complaint, the CW.1 has alleged that he received a call from his neighbor and PG owner on 14.02.2016 at 10.30 a.m., who told that some people have gathered in front of his building, who are shouting and creating nuisance. Accordingly, he immediately rushed to his building, which is situated at No.2, 1st cross, church road, Koramangala 6th block, Ejipura, Bengaluru and found the crowd gathered in front of his building. They trespassed into his building, damaged the wind screen of Hyundai I-10 car bearing No.KA.04.MH.1704, broken the window glasses of the stair case, upper glasses of the door, table fan and few glasses kept in the first floor. He suffered loss to 14 C.C.No.23053/2016 the tune of Rs.15,000/- to Rs.20,000/-. There were more than 10 members is the crowd. Hence, he requested the police to take necessary legal action against those persons.
13. In the first information, the complainant has not mentioned the names of the offenders, who allegedly trespassed into his property, damaged the car, windows, doors and other articles. In order to ascertain the correctness of the allegations made in the first information/complaint, this court had issued repeated summons, non bailable warrants and proclamation warrants against CW.1 to 4, 6 to 13. Inspite of it, the prosecution has not secured their presence. By noting the absence of the witnesses and age of the case, this court dropped them from examination.
14. The CW.12 being the officer, who registered the case and CW.13 being the investigating officer have not cared to appear before the court to depose regarding the manner in which they conducted investigation of the case. The CW.12 and 13 the being the police officers have not cared to appear before the court in 15 C.C.No.23053/2016 response to the proclamation warrants issued against them. The PW.1 deposed regarding the arrest of 9 persons. But, his version is not supported by the oral evidence of any independent witnesses.
15. In the present case, no independent witnesses appeared before the court to say that, they have seen the accused trespassing into the property of CW.1, damaging the car and other properties, causing loss to CW.1 and maliciously insulting the religious beliefs of Muslim community. In the present case, the CW.4 being the injured has not appeared before the court to explain the manner in which he sustained injury.
16. The IO has filed charge sheet against 18 persons. The prosecution has not placed a single document before the court to show that the presence of accused No.1 to 18 on the date of alleged incident at the property of CW.1. As per the spot mahazar, the alleged spot of incident is bounded on the East by :
building No.20, West by : 1st cross road and building No.6, North 16 C.C.No.23053/2016 by : continued building and South by : Church road and compound. It means that the alleged spot is surrounded by residential houses. Inspite of it, no independent persons came forward to say that they have seen the accused trespassing into the property of CW.1 and damaging the properties therein.
17. The IO has not collected broken glass pieces, damaged properties and torn flexes from the spot, while drawing mahazer. He has not explained the manner in which he assessed alleged loss caused to CW.1. In the absence of oral evidence and complainant and independent eyewitnesses, the court cannot presume that the accused are involved in the alleged crime. There is no convincing evidence on record to connect the accused No.1 to 18 with the alleged crime.
18. From the oral evidence of PW.1, the charges levelled against the accused are not proved. Thus, the prosecution has failed to prove that, the accused by forming unlawful assembly in prosecution of common object went near the building of CW.1 on 17 C.C.No.23053/2016 14.02.2016 at 10.30 a.m., which is situated at No.2, 1st cross, Church road, Ejipura, 6th block, Koramangala, quarreled with CW.1, committed rioting, trespassed into the Masjid constructed him, maliciously insulted the religious beliefs of Muslim community, beaten CW.4 with hands, caused hurt, damaged the wind screen of I-10 Hyundai car bearing No.KA.01.MH.1704 which was parked in ground floor of the building, broken the upper glass of the door, removed the flex affixed to the windows at the first floor, broken the fan placed on the table, damaged the glasses and caused loss to the tune of Rs.20,000/-. Accordingly, I answer point No.1 to 7 in Negative.
Point No.8: For the aforesaid reasons, I proceed to pass the following:
ORDER By exercising the powers conferred U/Sec.248[1] of Cr.P.C., the accused No.1 to 15, 17 and 18 are acquitted from the charges of Sec. 143, 147, 295[A], 448, 427, 323 R/w 149 of IPC.18 C.C.No.23053/2016
The bail bonds executed by the accused No.1 to 15, 17 and 18 stands cancelled.
The bonds executed by accused No.1 to 15, 17 and 18 U/Sec.437[A] of Cr.P.C., will be in force till the completion of appeal period.
20.03.2024 [TATTANDA DAMAYANTI SOMAYYA] XLI A.C.M.M., BENGALURU 19 C.C.No.23053/2016 ANNEXURE LIST OF WITNESSES EXAMINED FOR PROSECUTION:
PW.1 : Mehaboob Maniyar LIST OF DOCUMENTS MARKED FOR PROSECUTION:
Nil LIST OF M.O's MARKED FOR THE PROSECUTION :
Nil LIST OF WITNESSES EXAMINED FOR ACCUSED : NIL LIST OF DOCUMENTS MARKED FOR ACCUSED : NIL .....................................................................................
Dictated on : 20.03.2024 Transcribed on : 20.03.2024 checked on : 20.03.2024 Signed on : 20.03.2024 [TATTANDA DAMAYANTI SOMAYYA] XLI A.C.M.M., BENGALURU Visit ecourts.gov.in for updates or download mobile app "eCourts Services" from Android or iOS