Bangalore District Court
Jnanabharathi Ps vs A2 Pradeep Alias Kitty Alias Sunami ... on 18 September, 2024
KABC010301232018
IN THE COURT OF THE LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-65) AT BENGALURU.
Dated this 18th day of September 2024
-: P R E S E N T :-
Smt. Mala N.D.,
BAL., LL.M.,
LXIV ADDL.CITY CIVIL & SESSIONS JUDGE,
CCH-65, BENGALURU CITY.
SESSIONS CASE NO.1760/2018
COMPLAINANT : State by Jnanabharathi
Police Station, Bengaluru.
(By : Public prosecutor)
Vs.
ACCUSED : 2) Pradeepa @ Kitty @ Tsunami
Kitty,
S/o late Kalaiah,
Aged about 28 years,
r/at No.24, Siddaiah Puranika
Road, Adarsha Layout,
Basaveshwaranagara,
Bengaluru.
2 S.C. No.1760/2018
3) Santhosha @ Shanthakumara @
Tuppa,
S/o Mahalingam,
Aged about 24 years,
No.26-7, 3rd Main,
4th Cross, Subedar Palya,
N.H. Colony,
Bengaluru.
4) Arjuna @ Muthappa,
S/o Nanaiah,
Aged 29 years,
R/at No.147-9, 5th Main,
5th Cross, Shakthi
Ganapathinagara,
Basaveshwaranagara,
Bangalore.
5) Yogesh,
S/o Gangappa,
Aged 25 years,
R/at Kurubarahalli,
Near Shiva Temple,
Kamalanagara,
Bengaluru.
(By : Sri R.K., Advocate)
3 S.C. No.1760/2018
TABULATION OF EVENTS
1) Occurence of the offence : 28.02.2018, 15.45 to
and time 01.03.2018 3.00 hours
2) Report of the offence date : 02.03.2018
and time 11.00 hours
3) Name of the complainant : Girisha
4) Date of commencement of : 28.06.2019
trial
5) Date of closure of trial : 04.01.2024
6) Offences complained of : Sections 143, 144, 147,
148, 363, 342, 323,
506(B), 307, 397 r/w
Section 149 of IPC and
Sections 3, 25 and 27 of
Arms Act.
7) Opinion of the Judge : Found not guilty
4 S.C. No.1760/2018
JUDGMENT
This case arises out of the charge sheet submitted by the Police Sub-Inspector of Jnanabharathi Police Station against accused Nos.1 to 7 for the offences punishable u/s 143, 144, 147, 148, 342, 363, 323, 506, 397, 307 r/w Sec. 149 of IPC and Sections 3, 25 and 27 of Indian Arms Act.
2. The brief facts of the prosecution case is as follows:
Complainant - CW.1 Girish is a supplier in Kuteera Park Land Bar and Restaurant at Mariyappanapalya, one Deepa wife of accused No.1 used to visit his bar regularly with CW.2 Thoushith, she has taken his phone number and used to call him to reserve table in the bar for the lunch. On 25.02.2018 at about 5.30 p.m. aforementioned Deepa and CW.2 Thoushith came to the said bar ordered drinks and food, after some time both of 5 S.C. No.1760/2018 them left the bar hurriedly without finishing food and drinks, thereafter CW.2 called him and told that he will come and pay the bill later. Thereafter, once again called him and informed him that if Deepa's husband calls him he has to tell that himself and Deepa had come for lunch only.
3. It is alleged that CW.1 has received 5 - 6 times phone calls from CW.2 and asked him not to receive any calls of Deepa's husband, later CW.2 once again called him and informed that dispute with Deepa's husband has been resolved, when things stood thus on 28.02.2018 at about 3.45 p.m. when CW.1 came at Doddabasthi Main Road near Bhuvaneshwarinagar in his splendor bike stopped near a chicken shop to collect Rs.500/- from the shop owner, by that time 7 - 8 people came in 2 cars, closed his mouth, held his pant, pulled him into the car, among them, one was Tsunami Kitty / accused No.2, they took him to a farm house in Horamavu, where accused No.2 Tsunami Kitty 6 S.C. No.1760/2018 introduced Sunilkumar / accused No.1 and the said Sunilkumar told the complainant that he has an affair with his wife Deepa and also both accused Nos.1 and 2 assaulted on his head, neck and face and shown photo of Deepa, asked about her, this complainant informed them that he knew her as she used to come to their bar regularly with one Thoushith CW.2.
4. Again accused Nos.1 to 8 took him near PVP College, asked him to call CW.2 demanding his restaurant bill, accused No.2 had kept a knife on his thigh and threatened to stab him if he do not arrange meeting with CW.2, as such he called CW.2 to meet him at about 11.00 p.m. near Goraguntepalya Signal. On the said time near Goraguntepalya Signal, accused No.1 had pointed a small gun at the complainant asking him to listen to their commands and as per the instructions of accused Nos.1 and 2, he asked CW.2 to come to service road which goes 7 S.C. No.1760/2018 towards Peenya, when CW.2 came to the said spot, accused No.2 and other 7 - 8 persons assaulted CW.2 with the hands, legs, pushed him inside the car, took both CW.1 and CW.2 to the guest house of accused No.1 and unlawfully confined them, one person took CW.2's bike and assaulted CW.2 with a knife, snatched Rs.10,000/- from the complainant, thereafter accused persons left the complainant to go at about 3.00 p.m. on 01.03.2018 by giving CW.1's DL card, bank ATM card, mobile phone and cash of Rs.100/-, as such CW.1 walked about 2 kms called up another bar supplier and thereafter he got admitted to Abhaya Hospital for treatment, as he was scared of alleged incident, and lodged complaint against all accused persons on 02.03.2018. Based on the complaint of CW.1 this case came to be registered against accused persons.
5. During the course of investigation CW.23/PW.4 after registering FIR, visited the place of incident, drawn 8 S.C. No.1760/2018 spot mahazar as per Ex.P.4 in the presence of CW.3 - Diwakar and CW.4 Manjunath, also drawn sketch of the place of occurrence as per Ex.P.7, deputed CW.18 to 21 to apprehend accused persons, as such on the same day along with a report accused Nos.2 to 5 were caught and produced before him, he recorded their voluntary statements, drawn seizure mahazar in the presence of CW.5 - Nadeem and CW.6 -Manjunatha as per Ex.P.10 by seizing a Samsung mobile phone and a steel chaku along with cash of Rs.9,500/- and subjected them under P.F. No.42/2018, recorded the statements of CW.10 to 13 also 18 to 22 also recorded further statements of accused persons. Drawn seizure mahazar in respect of seizure of mobile phone of accused No.2 as per Ex.P.14 in the presence of CW.7 Santhosh and CW.9 Muniraju, also visited the guest house of accused No.1, in the presence of CW.7 and CW.9 drawn spot 9 S.C. No.1760/2018 mahazar as per Ex.P.16, recorded statements of CW.11 and 15 and thereafter the investigation officer CW.24/PW.5 continued investigation, he has recorded the statements of CW.2 with respect to identification of accused Nos.2 to 5, obtained wound certificate of CW.1 from Abhaya Hospital as per Ex.P.17 and also collected wound certificate of CW.2 as per Ex.P.18 from Deepashri Hospital and as per the voluntary statements of accused Nos.1 and 7 he drawn seizure mahazar with respect to Ford Figo car as well as BMW car of accused No.1 along with a knife, a belt, knife and a club which were kept in the BMW car, as such in the presence of CW.6 and CW.7 seizure mahazar was drawn as per Ex.P.20 and the said properties of seized articles as well as vehicles were subjected under P.F. No.69/2018 as per 10 S.C. No.1760/2018 Ex.P.21. After completion of investigation filed charge sheet against accused persons.
6. At the time of filing of charge sheet accused Nos.1, 6 and 7 were absconded, as such with a requisition to file separate charge sheet against them the present charge sheet has been been filed in respect of accused Nos.2 to 5.
7. Cognizance for the offences shown in the charge sheet was taken against accused Nos.2 to 5 by the learned Magistrate, since alleged offences are exclusively triable by the court of sessions, this case is committed to the Prl.City Civil and Sessions Judge court, Bengaluru. Thereafter, this case is made over to this court.
8. After committal, the case is registered as S.C. No.1760/2018. Accused Nos.2 to 5 were released on bail. 11 S.C. No.1760/2018 Prosecution opened the case as required u/s 226 of Cr.P.C. Heard learned counsel for the accused Nos.2 to 5. No grounds made out to discharge the accused persons. Hence, charge against accused Nos.2 to 5 for the offences punishable u/s 143, 144, 147, 148, 323, 364, 342, 506(B), 307 and 397 r/w Section 149 of IPC and Sections 3, 25 and 27 of Indian Arms Act, 1959 was framed, its contents read over and explained to them. Accused Nos.2 to 5 have denied charges and claims to be tried.
9. To prove the ingredients of the offences leveled against the accused persons, prosecution in all cited 24 witnesses and examined only 5 witnesses as PW.1 to PW.5 and got exhibited 21 documents at Exs.P.1 to P.21, got identified six material objects as MO.1 to MO.6. The prosecution has given up the evidence of CW.21 as not required. However, in spite of giving sufficient opportunities CW.3 and CW.20 are not secured, hence their evidence has 12 S.C. No.1760/2018 been dropped by rejecting the prayer of prosecution. Accordingly, prosecution closes its side of evidence.
10. After conclusion of the prosecution evidence, statement of accused Nos.2 to 5 u/s 313 of Cr.P.C. has been recorded. Accused Nos.2 to 5 have complied the provisions Section 437-A of Cr.P.C., they have denied all the incriminating material evidence appearing against them and not chosen to lead their side defence evidence.
11. Heard arguments on both sides. Perused the materials on record.
12. The points that arise for my determination are:
1) Whether prosecution proves beyond reasonable doubt that, complainant was a supplier in Kuteera Park Land Bar and Restaurant, the wife of accused No.1 by name Deepa and one Thoushith - C.2 were regularly visiting the said bar, CW.1 was serving them on the table, on 25.02.2018 at about 5.30 p.m. both CW.2 and said Deepa had drinks in the bar and placed an order 13 S.C. No.1760/2018 for meals, but in between they went out of the bar, in this back ground on 28.02.2018 at about 3.45 p.m. in front of House No.131, Renuka Parameshwari Nilaya of Doddabasadi Main Road of Bhuvaneshwarinagara within the limits of Jnanabharathi police station when CW.1 was coming in front of the said building accused Nos.2 to 5 in furtherance of common object have formed an unlawful assembly in order to commit an offence by holding deadly weapons such as knife, iron rod and thereby committed an offence punishable u/s 143 and 144 r/w Sec. 149 of IPC?
2) Whether prosecution proves beyond reasonable doubt that on the aforesaid date, time, place and under the aforesaid circumstances accused Nos.2 to 5 in furtherance of common object having formed an unlawful assembly in order to commit an offence by holding deadly weapons such as knife, iron rod and thereby committed an offence punishable u/s 144 r/w Sec. 149 of IPC?
3) Whether prosecution proves beyond reasonable doubt that on the aforesaid date, time and place and under the aforesaid circumstances accused Nos.2 to 5 in furtherance of common object having formed an unlawful assembly with deadly weapons assaulted on CW.1 and CW.2 by 14 S.C. No.1760/2018 committing rioting by using force and thereby committed an offence punishable u/s 147 r/w Sec. 149 of IPC?
4) Whether prosecution proves beyond reasonable doubt that on the aforesaid date, time, place and under the aforesaid circumstances accused Nos.2 to 5 in furtherance of common object having formed an unlawful assembly with deadly weapons such as knife, iron rod and caused deadly assault on CW.1 and thereby committed an offence punishable u/s 148 r/w Sec. 149 of IPC?
5) Whether prosecution proves beyond reasonable doubt that on the aforesaid date, time and place, under the aforesaid circumstances accused Nos.2 to 5 in furtherance of common object having formed an unlawful assembly caught CW.1 pulled him inside the car, thereby abducted him, thereafter forced CW.1 to call up CW.2 and asked him to come near Goraguntepalya Signal in order to pay the hotel bill, when CW.2 came to the said Goraguntepalya Signal, he was dragged into said car, thereby CW.1 and CW.2 were abducted by accused persons and thereby committed an offence punishable u/s 363 r/w Sec. 149 of IPC?
6) Whether prosecution proves beyond reasonable doubt that on the aforesaid date, 15 S.C. No.1760/2018 time and place, under the aforesaid circumstances accused Nos.2 to 5 in furtherance of common object having formed an unlawful assembly forcibly abducted CW.1 and CW.2 in a car, brought them to the guest house of accused No.1situated at Horamavu wrongfully confined them and thereby committed an offence punishable u/s 342 r/w Sec. 149 of IPC
7) Whether prosecution proves beyond reasonable doubt that on the aforesaid date, time and place, under the aforesaid circumstances accused Nos.2 to 5 in furtherance of common object having formed an unlawful assembly assaulted CW.1 and CW.2 by their hands, stampped on them with their legs and thereby committed an offence punishable u/s 323 r/w Sec. 149 of IPC?
8) Whether prosecution proves beyond reasonable doubt that on the aforesaid date, time and place, under the aforesaid circumstances accused Nos.2 to 5 in furtherance of common object having formed an unlawful assembly accused No.2 showed pistol belonging to accused No.1 aiming at CW.1 threatened to shoot at him, by that time accused No.1 asked the pistol from accused No.2 in order to fire at CW.1, then accused No.1 pointed towards the head of CW.2 demanded and forced him to 16 S.C. No.1760/2018 reveal the real story and also fired the pistol at the air thereby posed life threat, further accused No.1 threatened them with dire consequences if they lodge any complaint and also warned CW.1 and CW.2 to come to the guest house once again tomorrow and thereby committed an offence punishable u/s 506(B) r/w Sec. 149 of IPC?
9) Whether prosecution proves beyond reasonable doubt that on the aforesaid date, time and place, under the aforesaid circumstances accused Nos.2 to 5 in furtherance of common object to commit an offence of murder of CW.1 abducted CW.1 and confined him in the guest house of accused No.1, during that time accused Nos.2 assaulted on CW.1 on the head, right elbow, right thigh, he also piers on CW.1's thigh with a knife, again accused No.2 through CW.1 made CW.2 to come near Goraguntepalya signal, and assaulted him by his hands, kicked with his leg, similarly CW.2 was also confined in the guest house of accused No.1, he was assaulted by all the accused, accused No.6 pierced CW.2's right ribs with a beer bottle, accused Nos.1 and 2 made CW.2 to fall down and stamped on his body with their legs, thereafter accused Nos.1 and 6 took CW.2 near accused No.1's wife Smt. Deepa and assaulted him with an iron rod in front of Deepa fisted on his nose, caused bleeding injuries, he was once again brought to the guest house, he was 17 S.C. No.1760/2018 assaulted by hands and belts and caused grievous injuries and thereby accused Nos.1 to 7 attempted to take away the life of CW.1 and CW.2 knowingfully that they would be guilty of committing their murder and thereby committed an offence punishable u/s 307 r/w Sec. 149 of IPC?
10) Whether prosecution proves beyond reasonable doubt that on the aforesaid date, time and place, under the aforesaid circumstances accused Nos.2 to 5 in furtherance of common object having formed an unlawful assembly with deadly weapons abducted CW.1 in the car, wrongfully confined him in the guest house of accused No.1, during that time accused No.2 snatched Rs.10,000/- of CW.1, CW.2 and were also abducted in a car and wrongfully confined in the guest house of accused No.1, by that time accused No.6 snatched Rs.15,000/- from CW.2 and accused No.1 snatched 2 mobile phones of CW.2, accused No.7 snatched the gold chain of CW.2 and thus committed an offence punishable u/s 397 r/w Sec. 149 of IPC?
11) Whether prosecution proves beyond reasonable doubt that on the aforesaid date, time and place, under the aforesaid circumstances accused Nos.2 to 5 in furtherance of common object having formed an unlawful assembly with deadly 18 S.C. No.1760/2018 weapons in order to abduct and threaten CW.1 and CW.2 used deadly weapons such as pistol of accused No.1 by posing life threat on CW.1 and CW.2 by pointing on CW.1's forehead and also shot at air in order to pose life threat to CW.1 and CW.2 and thereby committed an offence punishable u/s 3, 25 and 27 of Indian Arms Act, 1959?
12) What Order ?
13. On appreciation of evidence, documents and for the foregoing reasons, my findings on the above points are as under:-
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 : In the Negative;
Point No.7 : In the Negative;
Point No.8 : In the Negative;
Point No.9 : In the Negative;
Point No.10 : In the Negative;
19 S.C. No.1760/2018
Point No.11 : In the Negative;
Point No.12 : In the Negative;
Point No.13 : As per final order,
for the following:
REASONS
14. POINTS NO.1 TO 12: These points are
interrelated and inter-connected with each other, hence they are taken up together for common discussion in order to avoid repetition of facts and evidence.
It is the specific case of the prosecution that, one Thoushith and wife of accused No.1 used to visit the Kuteera Park Land Bar and Restaurant where complainant Girish was a supplier, they were having phone number of CW.1 for reserving the table for lunch. On 25.08.2018 CW.2 and accused No.1's wife Smt. Deepa came to the bar placed an order for drinks as well as meals, but they walked out of the bar without finishing the food, thereafter he had a call from CW.2 stating that not to receive any calls 20 S.C. No.1760/2018 of Deepa's husband and he will make payment of the bill later stage. It is after 3 days i.e., on 28.02.2018 at about 3.45 p.m. when CW.1 was coming in front of house No.131, Renuka Parameshwari Nilaya on Doddabasadi Main Road of Bhuvaneshwarinagara he was abducted by accused Nos.2 to 5 in a car, he was assaulted with deadly weapons like a knife and an iron rod, he was taken to a guest house of accused No.1, thereafter, he was forced to make a phone call to the CW.2 and asked him to come near Goraguntepalya signal to make payment of the bill, when CW.2 came to the said signal, he was also abducted by accused Nos.2 to 5, they were taken to the guest house of accused No.1 situated at Horamavu, where these CW.1 and CW.2 were subjected to assault with deadly weapons, mobile phones of CW.2 was snatched and also the amount of Rs.10,000/- and Rs.1,000/- of CW.1 and CW.2 were also snatched by accused Nos.2 and 6, they were threatened at 21 S.C. No.1760/2018 the gun point, CW.2 was assaulted with an iron rod, both CW.1 and CW.2 were assaulted with knife and belt. After the incident CW.1 and CW.2 were dropped at the same place where they were abducted, they were allowed to go to their respective places, CW.1 being scared of alleged incident has lodged complaint on 02.03.2018 i.e., after two days of the incident.
15. The entire incident is on the background of alleged illicit relationship between the wife of accused No.1 and CW.2 Thoushith.
16. During the course of investigation, three investigation officers conducted spot mahazars as well as seizure mahazars, seized the weapon used for the commission of alleged offence and also seized the money, recorded the statement of witnesses along with voluntary statements of accused persons and upon completion of 22 S.C. No.1760/2018 investigation filed charge sheet against the accused Nos.2 to 5.
17. It is to be noted that, at the time of filing of the charge sheet accused No.1, 6 and 7 have not been secured, as such the I.O. requested to file separate charge sheet against accused Nos.1, 6 and 7, accordingly the present charge sheet has been filed with respect to accused Nos.2 to 5.
18. The prosecution in order to prove its case placed evidence of complainant Girish as PW.3, injured victim Thoushith is examined as PW.1, one police official Chandra Kumar is examined as PW.2, investigation officers are examined as PW.4 and PW.5.
19. Similarly, prosecution has placed reliance on documents at Exs.P.1 to P.21. Ex.P.1 is the statement of injured victim CW.2 Thoushith, complaint is marked at 23 S.C. No.1760/2018 Ex.P.3, FIR is at Ex.P.6. The spot mahazar and sketch of place of incident are marked at Exs.P.4 and P.7, seizure mahazars are marked at Exs.P.10, 14, 16 and 20, property Forms are at Exs.P.11 and P.21 and also the voluntary statements of accused persons and got exhibited the properties as MOs.1 to 6.
20. In this back ground it is necessary to discuss each witness in detail. It is to be noted that the entire allegation is mainly on accused Nos.1 and 2, among them accused No.1 remained absconding and accused No.2 is facing the trial.
21. When PW.1 Thoushith was put into witness box he has completely turned hostile towards the case of prosecution. He has not identified the accused persons as well as other witnesses except admitting CW.1 as his friend, he denied the entire incident, he has stated that he 24 S.C. No.1760/2018 was admitted to the Hospital due to his ill-health and not due to the alleged incident. Thus, he denied the entire case of prosecution. He was treated as hostile and subjected to cross-examination. In the cross-examination also he denied the entire suggestion of the learned public prosecutor by stating that he was not abducted by the accused persons, he was not kept at gun point etc.
22. Similar is the case of complainant PW.3 Girish, who denied the entire contents of Ex.P.1 except stating that he was supplier in the Kuteer Park Land Bar and Restaurant, he failed to identity accused Nos.2 to 5 who were present before the court, he pleaded his ignorance about contents of complaint as well as mahazar as he was also a witness to one of the mahazar drawn in the place of alleged incident i.e., place of abduction as per Ex.P.4. When he was subjected to cross-examination by the prosecution, he denied the entire case of the prosecution 25 S.C. No.1760/2018 that he was abducted by the accused persons, he was taken to accused No.1's guest house where he was subjected to assault with deadly weapons by accused No.2 to 5, he denied the drawing up of mahazar as per Ex.P.4 in his presence at Bhuvaneshwarinagara on 02.03.2018, he denies his statement given before the police.
23. PW.2 is the police official, who deposed regarding apprehension of accused Nos.2 to 5 on 02.03.20189, in his cross-examination he denies the suggestion of the defence counsel that he had not arrested accused Nos.2 to 5 on the said date. CW.4 and CW.5 are investigation officers, they have deposed regarding registration of FIR in Cr.No.65/2018 against the accused Nos.1 to 7 for the aforementioned offences and arrest of accused persons, drawing up spot mahazar as well as seizure mahazar and seizing of weapons involved in the alleged offence including the pistol, seizure of amount said 26 S.C. No.1760/2018 to have been snatched by accused Nos.2 and 6 from CW.1 and CW.2 respectively and subjected them under the property Forms of Jnanabharathi police station. In the cross-examination the defence counsel denied the entire investigation conducted by these two officers.
24. It is to be noted that, the entire case is based on the alleged illicit relationship between the wife of accused No.1 and CW.2 Thoushith. However, during the course of investigation, both the I.Os. have not made any attempt to record the statement of this Smt. Deepa. Complaint is lodged after 3 days of the incident for which no convincing reason was placed or assigned. As per the voluntary statement of accused No.2, the alleged assault said to have been caused on CW.1 and CW.2 was videographed in his mobile and the same was not seized and not part of the charge sheet. It is to be noted that both CW.1 and CW.2 were abducted from such a densely populated public 27 S.C. No.1760/2018 places, but nobody are cited as eye witnesses to the alleged incident.
25. From over all consideration of evidence on record it can be seen that the complainant who set the criminal law into motion has not supported the case of prosecution. Similarly, injured victim has also not supported the case of the prosecution which became the fatal blow to the prosecution case. In addition, 8 persons were cited as spot mahazar witnesses as well as seizure mahazar witnesses and these witnesses have not been secured before the court in spite of giving sufficient opportunities, as such this court has dropped the evidence of those witnesses by rejecting the prayer of prosecution. Under the circumstances, the recovery said to have been made by drawing up of seizure mahazars as per Exs.P.10, P.14, P.16 and P.20 remained unestablished with corroborative evidence. In addition, the wound certificate 28 S.C. No.1760/2018 of both CW.1 and CW.2 which are marked at Exs.P.7 and P.18 disclose that CW.1 has taken the treatment on 01.03.2018 and CW.2 has taken the treatment on 05.03.2018. This shows that they have not gone to the hospital immediately after the incident. Admittedly, alleged incident was on 28.02.2018 and this CW.1 has gone to the hospital after one day of the alleged incident and the CW.2 had gone to the hospital after 5 days of the alleged incident. This creates doubt with regard to the injuries sustained by CW.1 and CW.2 on the alleged date of incident.
26. Except formal evidence of investigation officers, nothing on record to prove the guilt of accused for the aforementioned offences, the material witnesses PW.1 and PW.2 have completely turned hostile and thereby not supported the prosecution. As such, the prosecution has failed to establish its case with cogent, convincing and corroborative evidence. Therefore, it cannot be said that 29 S.C. No.1760/2018 on 28.02.2018 CW.1 and CW.2 were abducted by accused persons and were assaulted with deadly weapons and they were threatened their life and accused attempted to take away the life of CW.1 and CW.2 by pointing gun towards them, as such, the prosecution failed to bring home the guilt of the accused persons. Hence, points No.1 to 12 are answered in the Negative.
27. POINT NO.13: In view of the above finding on points No.1 to 12, this court is of the opinion that, the evidence on record is grossly insufficient to prove the guilt of the accused Nos.2 to 5 for the aforementioned offences. Hence, they are entitled for acquittal. Accordingly, this court proceed to pass the following :
ORDER Invoking provision u/s 235(1) of Cr.P.C., accused Nos.2 to 5 are hereby acquitted of the offences punishable u/s 143, 144, 147, 148, 363, 342, 323, 30 S.C. No.1760/2018 506(B), 397 and 307 r/w Sec. 149 of I.P.C. and Sections 3, 25 and 27 of Indian Arms Act, 1959.
The bail bonds of accused Nos.2 to 5 and their sureties bond stand cancelled.
Bail bonds and sureties bonds executed by accused Nos.2 to 5 u/s 437- A of Cr.P.C., shall be in force for a period of six months from this day.
MO.1 - Samsung Mobile phone, MO.2 - steel knife and MO.3 cash of Rs.9,500/- item Nos.1 to 3 seized under P.F. No.42/2018 and MO.4 - Small steel knife, MO.5 - steel rod and MO.6 -
damaged belt items No.3 to 5 seized under P.F. No.69/2018 in
Cr.No.65/2018 are ordered to be kept in tact till disposal of split up case against accused Nos.1, 6 and 7.
31 S.C. No.1760/2018
Further, office is directed to send the certified copy of this judgment to the District Magistrate of Bengaluru city, as required u/s 365 of Cr.P.C.
(Dictated to the Stenographer Grade-I / Sr. Sheristedar, transcribed by her, corrected by me and then pronounced in open court on this 18th day of September, 2024) (MALA N.D.) LXIV ADDL.CITY CIVIL AND SESSIONS JUDGE,(CCH-65), BENGALURU CITY.
32 S.C. No.1760/2018ANNEXURE I. List of witnesses examined on behalf of the Prosecution:
PW.1 : Thoushith PW.2 : Chandra Kumar PW.3 : Girish PW.4 : Giriraja G.Y. PW.5 : C. Ramakrishnaiah II. For Defence:- -Nil-
III. List of exhibits marked on behalf of the Prosecution side:-
Ex.P.1 : Statement Ex.P.2 : Report Ex.P.2(a) : Signature Ex.P.3 : Complaint Exs.P.3(a) : Signatures and P.3(b) Ex.P.4 : Mahazar Exs.P.4(a) : Signatures and P.4(b) 33 S.C. No.1760/2018 Ex.P.5 : Portion of Statement Ex.P.6 : FIR Ex.P.6(a) : Signature Ex.P.7 : Sketch Ex.P.7(a) : Signature Ex.P.8 : Portion of Statement Ex.P.9 : Notice Ex.P.9(a) : Signature Ex.P.10 : Mahazar Ex.P.10(a) : Signature Ex.P.11 : Property Form Ex.P.11(a) : Signature Ex.P.12 : Voluntary statement Ex.P.13 : Notice Ex.P.13(a) : Signature Ex.P.14 : Mahazar Ex.P.14(a) : Signature Ex.P.15 : Mahazar notice Ex.P.15(a) : Signature Ex.P.16 : Mahazar Ex.P.16(a) : Signature Exs.P.17 : Wound certificates and P.18 34 S.C. No.1760/2018 Exs.P.17(a) : Signatures and 18(a) Ex.P.19 : Police intimation Ex.P.19(a) : Signature Ex.P.20 : Mahazar Ex.P.20(a) : Signature Ex.P.21 : Property Form Ex.P.21(a) : Signature IV. For Defence side:- -Nil-
V. List of material objects marked:-
MO.1 Samsung Mobile phone
MO.2 Knife
MO.3 Cash of Rs.9,500/-
MO.4 Steel knife
MO.5 Iron rod
MO.6 Damaged belt
LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE,(CCH-65),
BENGALURU CITY.