Bangalore District Court
Neelesh Anant Savanth vs Rukmangada on 22 April, 2024
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KABC030676222018 Digitally signed
by R MAHESHA
R Date:
MAHESHA 2024.04.23
11:06:32 +0530
IN THE COURT OF THE IX ADDL.CHIEF METROPOLITAN
MAGISTRATE, AT BENGALURU.
Dated this the 22 nd day of April 2024
Present : Sri.R.Mahesha.
BAL.LLB.,
IX Addl.C.M.M., Bengaluru.
CC No.25024/2018
1.C.C.No. 25024/2018
2.Date of offence 29.07.2016
3.Complainant State by Kamakshipalya Police
Station.
4.Accused Rukmangada,
S/o Narasimhaiah,
Aged about 50 years,
R/at No.161,
Back Side of James School,
KHB Colony, 1st Stage,
Basaveshwaranagara,
Bengaluru- 560 079.
5. Offences U/Sec.37, 51, 63, 65, 69 of
complained of Copyright Act & 420 of IPC.
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6.Plea Accused pleaded not guilty.
7.Final Order Accused is acquitted.
8.Date of Order 22/04/2024.
JUDGMENT
The Police Sub-Inspector of Kamakshipalya Police Station, Bengaluru has filed this charge sheet against the accused for the offences punishable U/Sec.37, 51, 63, 65, 69 of Copyright Act & 420 of IPC.
02. The brief facts of the prosecution case are as under:
It is the case of the prosecution that, on 29.07.2016 at about 2.15 pm within the limits of Kamakshipalya Police station, situated at Rukku and Rekha Net Works Cable Shop No.161, 2nd Floor, KHB Colony, Basaveshwaranagar, Bengaluru, the accused was unauthorizedly and illegally for the transmission of Zee Channels, i.e., Zee Marathi, Zee Kannada, Zee Telugu, Zee Bangla, Zee TV, Cartoon New, Pogo etc of CW.1 without obtaining any permission from CW.1, the 3 unauthorized transmission or re-transmission of the Zee Channels to the public and cheated the CW.1 and public. In this regard, CW.1 lodged first information statement and based on the same FIR came to be registered in Cr.No.329/2016 for the offence punishable U/Sec.37, 51, 63, 65, 69 of Copyright Act & 420 of IPC. Thereafter, CW.1 along with CW.2 to 4 and with panchas rushed to the spot and conducted raid and seized the alleged items by drawing panchanama. Thereafter, PI completed the investigation and filed the charge sheet against the accused for the offences punishable U/Sec.37, 51, 63, 65, 69 of Copyright Act & 420 of IPC.
03. After filing of the charge sheet this Court has taken the cognizance of the offences punishable under section U/Sec.37, 51, 63, 65, 69 of Copyright Act & 420 of IPC and issued summons to the accused. Accused has appeared before this Court through his counsel and obtained bail. The copy of the charge sheet has been furnished to the accused as 4 per Sec.207 of Cr.P.C. After hearing both sides the charge has been framed and read over to accused . But, he has pleaded not guilty and claimed to be tried. Hence, the case has been posted for prosecution evidence.
04. The prosecution in order to prove its case, has examined 2 witnesses as PW.1 & 2 and documents got marked as Ex.P.1 to Ex.P.9 and MO.1 to 4 closed the side of the prosecution evidence and Statements u/Sec.313 of Cr.P.C. recorded, read over and explained in the vernacular language of the accused, wherein accused denied the incriminating circumstances appeared against him as false and did not choose to lead defence evidence.
05. I have heard the arguments of both sides. Perused the entire oral evidence and documents placed on record.
06. The points that arise for my consideration are as under:
(1) Whether the prosecution proves beyond reasonable doubt that, on 29.07.2016 at about 5 2.15 pm within the limits of Kamakshipalya Police station, situated at Rukku and Rekha Net Works Cable Shop No.161, 2nd Floor, KHB Colony, Basaveshwaranagar, Bengaluru , the accused was unauthorizedly and illegally for the transmission of Zee Channels, i.e., Zee Marathi, Zee Kannada, Zee Telugu, Zee Bangla, Zee TV, Cartoon New, Pogo etc of CW.1 without obtaining any permission from CW.1, the unauthorized transmission or re-transmission of the Zee Channels to the public and cheated the CW.1 and public and thereby have committed alleged offence punishable U/Sec.37, 51, 63, 65, 69 of Copyright Act & 420 of IPC . ?
(2) What order ?
07. My findings to the above points are as under:
Point No.1 : In the Negative, Point No.2 : As per final order, for the following :
REASONS
08. Point No.1 :- It is well settled that in a criminal case the entire burden of proof rests upon the prosecution and the accused need to prove nothing. Suffice for the accused to create doubt about the case of the prosecution and the reliability of the witnesses for the prosecution. 6
09. The prosecution has alleged that, on 29.07.2016 at about 2.15 pm within the limits of Kamakshipalya Police station, situated at Rukku and Rekha Net Works Cable Shop No.161, 2nd Floor, KHB Colony, Basaveshwaranagar, Bengaluru, the accused was unauthorizedly and illegally for the transmission of Zee Channels, i.e., Zee Marathi, Zee Kannada, Zee Telugu, Zee Bangla, Zee TV, Cartoon New, Pogo etc of CW.1 without obtaining any permission from CW.1, the unauthorized transmission or re-transmission of the Zee Channels to the public and cheated the CW.1 and public and thereby have committed alleged offence punishable U/Sec.37, 51, 63, 65, 69 of Copyright Act & 420 of IPC . Therefore, the burden is on the prosecution to prove guilt of the accused. As already stated supra, the prosecution has examined 2 witnesses as PW.1 & 2 and got marked four documents as per Ex.P.1 to Ex.P.9.
10. The prosecution has been examined CW.4 as PW.1, he being Police Officer and partial investigation officer of this 7 case. PW.1 specifically testified before this court that, on 29.07.2016 at about 14.15 pm, when he was on station house duty, CW.1 came and gave written complaint and verify and registered case. He prepared FIR, original copy of FIR submitted before Jurisdictional trial court and copy of FIR forwarded to his Police Officers. Further they stated before this court that, on the very same day, PW.1 proceeded with CW.1 and two panchas along with laptop they reached alleged place of incident seized one LED TV, one Set up box, receiver, one amplifier, SCV network with 25 cards, application forms drawing panchaname in the presence and panch witnesses as per Ex.P.2 and he returned with accused along with seized artilces. Further, he deposed before the court that, he reported seized articles to Hon'ble court and he arrested accused and followed directions of Hon'ble court and he got proper surety and released accused. Further, he deposed before the court that, he identified 8 Ex.P.1 to 8, accused and also MO.1 to 4. He has been subjected cross examination by accused counsel.
11. The prosecution has been examined CW.2 as PW.2 , he being panch witness to Ex.P.3- panchanama. He specifically testified before this court that, he identified his signature found on Ex.P.3, but he specifically stated that, he was nearby Kamakshipalya Police Station, police came and took his signature to Ex.P.3. Further, he specifically deposed before the court that, he does not know the contents of Ex.P.3 and does not knew accused and police officers have not seized any articles before him. He does not know anything about this case. He does not gave any statement before police officer against the accused, this witnesses turned hostile to the case of prosecution. Therefore, the learned Sr.APP has treated the PW.2 as a hostile and with permission of the court cross examined, but nothing worth has been elicited from them to support the case of the prosecution. 9
12. From the oral and documentary evidence, it appears that, on 29.07.2016 at about 2.15 pm within the limits of Kamakshipalya Police station, situated at Rukku and Rekha Net Works Cable Shop No.161, 2 nd Floor, KHB Colony, Basaveshwaranagar, Bengaluru, the accused was unauthorizedly and illegally for the transmission of Zee Channels, i.e., Zee Marathi, Zee Kannada, Zee Telugu, Zee Bangla, Zee TV, Cartoon New, Pogo etc of CW.1 without obtaining any permission from CW.1, the unauthorized transmission or re-transmission of the Zee Channels to the public and cheated the CW.1 and public. Accordingly, CW.1 lodged Ex.P.1 before SHO of Kamakshipalya Police Station. Accordingly, this case registered in crime No.329/2016 by SHO of Kamakshipalya Police Station. After registered FIR, CW.4 i.e., partial Investigation Officer of this case has conducted investigation and he had been proceed to the alleged place of incident along with his staff and panchas and he conducted raid and recovered some electric items from the possession of accused. After thorough 10 investigation made by CW.4, he came to conclusion the accused has alleged to be committed offence punishable under section U/Sec.37, 51, 63, 65, 69 of Copyright Act & 420 of IPC. In order to bring home the guilt of the accused, the Investigation Officer has cited CW.1 to 4 witnesses in his charge sheet, out of which, the prosecution has able to examine only two witnesses as PW.1 & 2 and documents marked as per Ex.P.1 to 9. Further it is relevant to note that, despite took coercive steps against CW.1 & 3 , the prosecution has failed to secure their presence before this court well intime. Therefore, this court took prayer of Learned Senior APP rejected and CW.1 & 3 are dropped out vide order dated 23.02.2024. Further, this court meticulously appreciate the oral evidence of PW.1, it appears that, as per the case of prosecution, CW.1 has lodged his first information before Kamakshipalaya Police Station and lodged complaint. Accordingly, CW.4 and his staff had been to place of information given by CW. 1 and they personally inspected and collect information and they found that, the 11 accused was unauthorizedly and illegally for the transmission of Zee Channels, i.e., Zee Marathi, Zee Kannada, Zee Telugu, Zee Bangla, Zee TV, Cartoon New, Pogo etc of CW.1 without obtaining any permission from CW.1, the unauthorized transmission or re-transmission of the Zee Channels to the public and cheated the CW.1 and public. Further, PW.2 has totally turned hostile to the case of prosecution and he has not supported to prove the contents of Ex.P.3 and recoveries made by Investigation Officer as per Ex.P.3. The panch witness and informant i.e., CW.1 & 3 have not stepped into witness box. Further, it is relevant to note that, except oral testimony of PW.1, there is no any material evidence led by prosecution to prove the guilt of accused. So, non examination of material witnesses creates serious doubt regarding the case of prosecution. Therefore, this court came to clear conclusion that, there is no incriminating evidence appears against accused. Hence, this court held that, the prosecution prosecution has failed to prove the guilt of the accused persons beyond 12 reasonable doubt. Therefore, the prosecution has failed to prove the guilt of the accused beyond reasonable doubt. Accordingly, I answer Point No.1 in the Negative.
13. Point No.2: For the aforesaid reasons, I proceed to pass the following:
ORDER Acting under Section 248(1) of Cr.P.C., accused is hereby acquitted of the offences punishable U/Sec.37, 51, 63, 65, 69 of Copyright Act & 420 of IPC .
The bail bonds and surety bonds executed by accused shall continue for a period of six months from the date of this order and thereafter same shall stands canceled automatically.
Office is hereby directed properties mentioned in PF.92/2016 i.e., MO. 1 to 4 13 shall order to be destroyed as worthless after appeal period over.
(Dictated to the stenographer directly on computer, corrected directly on computer and then pronounced by me in open court on this the 22nd day of April 2024).] (R.Mahesha) IX Addl.Chief Metropolitan Magistrate, Bengaluru.
ANNEXURE List of witnesses examined on behalf of the prosecution:
PW.1 : Mahadevaiah PW.2 : Devaraju
List of documents marked on behalf of the prosecution:
Ex.P.1 : Complaint
Ex.P.2 : FIR
Ex.P.3 : Panchaname
Ex.P.4 : Invoice
Ex.P.5 : Challan
Ex.P.6 : CD
Ex.P.7 : Cards
Ex.P.8 : Blank application forms
Ex.P.9 : Statement of PW.2
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List of material objects marked on behalf of the prosecution:
MO.1 : LED TV MO.2 : All Digital Set-up box MO.3 : Amplifier MO.4 : Remote
List of witnesses examined on behalf of the defence:
- NIL -
List of documents and materials marked on behalf of the defence:
- NIL -
IX ADDL.C.M.M. Bengaluru.15
22.04.2024 CC No.25024/2018 Judgment Judgment pronounced in the Open Court (Vide separate order) ORDER Acting under Section 248(1) of Cr.P.C., accused is hereby acquitted of the offences punishable U/Sec.37, 51, 63, 65, 69 of Copyright Act & 420 of IPC .
The bail bonds and surety bonds executed by accused shall continue for a period of six months from the date of this order and thereafter same shall stands canceled automatically.
Office is hereby directed properties mentioned in PF.92/2016 i.e., MO. 1 to 4 shall order to be destroyed as worthless after appeal period over.
IX ACMM, Bengaluru.
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