Bangalore District Court
State By Yelahanka P.S vs No.1 To 16 (Along With Split Up A14) Came ... on 21 January, 2021
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C.C.No.22296/2017
1N THE COURT OF THE XXXVII ADDL.CHIEF METROPOLITAN
MAGISTRATE, BANGALORE CITY.
Dated this the 23rd day of January, 2021.
Present:
Sri B.MOHAN BABU, B.A., L.L.B.,
XXXVII Addl. C.M.M., Bangalore.
C.C. No.22296/2017
JUDGMENT UNDER SEC.355 OF CR.P.C.,
1. Complainant: State by Yelahanka P.S.
2. Accused: A1 M.Sathaiah @ Ayya S/o Murugeshan,
Aged 36 years, Mariyamma Koil Street,
Kodiyuru village, Tittakudu post and Tq.,
Kadaluru Dist., Tamil Nadu 606106.
A2 Venkatesh S/o Gangadarappa,
36 years, Dinamagattanahalli village,
Kenkere post, Hosur Hobili,
Gowribedanur Tq., Chikkaballapura
Dist.
A3 Chandru prabhuswamy s/o late
Mahadevappa, aged 33 years, No.20, 17
the A cross, T G Extn, Banashankari 3rd
stage, Ittamadu, Bangalore city.
A4 Sagar S/o late Kendanayak, 49 years,
No.99/A, 4th cross road, Vittal nagar,
Chamrajpet, Bangalore.
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A5 Narayanaswamy S/o late
Velayudham, 58 years, No.150, Railway
quarters, Contonment,Bangalore 46.
A6 Veerupaksha S/o late Shivayogi,
49 years, No.14, house of Jayanram, 1st
main, 1st cross, Nagashettyhalli ,
Sanjayanagar, Bangalore.
A7 Nyauel s/o Chelladorai, 25 years,
No.262, 8th block, Koramangala,
Bangalore.
A8 Sharath s/o Venkatesh, 23 years,
No.1123, HBR Extn., 2nd block, 3rd stage,
Hennur, Bangalore - 45.
A9 Krishna s/o late Narasiah, 54 years,
Sadahalli village, Gejjalakere post,
Maddur Tq., Mandya dist.
A10 Suresh s/o Thammegowda, 43
years, No.68/02, house of Shivashankar,
4th cross, 3rd main, Sharadamma nagar,
Jalahalli Bangalore city.
A11 Raghavendra s/o Honnurappa, 32
years, 1st cross chunchanagatte main
road, Mahendrasingh Extn., JP Nagar,
Bangalore.
A12 Ubraj S/o Ahamad John, 30 years,
No.02, 3rd cross, 3rd main, Matadahalli
RT Nagar post , Bangalore32.
A13 Abrarkhan S/o Syubkhan, 21 years,
No.842, 1st stage, 2nd block, 3rd cross,
HBR Extn., Hennur, Bangalore.
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A14 Prashanth s/o Gangadharaiah,
(Splitup).
A15 Mohammed Hasan s/o late Babu, 46
years, No.7/272, Noormohalla,
Kollegala, Chamrajnagar Dist.
A16 Santhosh s/o Tirumalegowda, 29
years, 1st cross, Chunchanakatte main
road, Mahendrasingh extn., JP nagara,
Bangalore.
3.Date of offence: 05042016.
4. Offences complained of: U/s.420,511 of IPC.
5. Plea: Accused 1 to 13, & A15 & 16 Pleaded
not guilty.
6. Final Order: Accused No. 1 to 13, & A15 & 16
are Acquitted.
7. Date of Order: 23012021.
*****
The PoliceInspector, Yelahanka Police Station, Bangalore has
filed this charge sheet against the accused No.1 to 16 for the offences
punishable U/s.420, 511 of I.P.C.
2. The brief facts of the prosecution case are that:
On 05042016 within the limits of Yelahanka Police Station, the
accused No.1 to 16 (along with split up A14) came to Shreyas Hotel
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at Kogilu cross with dishonest intention attempted to commit offence
to sale two heads of snake and called CW1 to the said hotel room
No.205 the accused have induced to deliver some other property
instead two headed snake thereby dishonestly cheated CW1 and
thereby they have committed aforesaid offences.
3. The accused No. 1 to 13, & A15 & 16 were enlarged on bail.
On receipt of charge sheet, this court took the cognizance of the
alleged offences and furnished copy of the prosecution papers to the
accused persons, thereafter, Charge for the above offences were
framed by my Predecessor in office, read over and explained to the
accused No.1 to 13, & A15 & 16, for which, accused claimed to be
tried.
4. The prosecution has examined one witness as PW1 and got
marked documents Ex.P1 and 2. The PW1 is the prime witness who
turned hostile. Hence, examination of other witnesses will not serve
any purpose of prosecution. Hence, the prayer of Sr.APP to issue
summons to other witnesses is rejected. Cws.2 to 12 are dropped.
Since there is no any incriminating circumstances appeared in the
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evidence of PW1, the examination of accused U/s.313 of Cr.P.C., is
dispensed with.
5. Heard the arguments on both sides. Perused the oral and
documentary evidence on record.
6. In order to prove the guilty of accused, the prosecution has
examined CW1 as PW1. The PW1 deposed that he do not know the
accused persons and he do know about the incident and has not given
any complaint. The witness was shown one document which is
identified by him as complaint as per Ex.P1 and identified his
signature as per Ex.P1(a) and he do not know the contents in it. The
witness was shown another document which is Ex.P2 Panchanama
and same is identified by him and signature therein as per Ex.P2(a)
and he do not know the contents in it. At the request of learned
Sr.APP., PW1 was treated hostile and permission was accorded to
cross examine him. The learned Sr.APP cross examined him by
bringing his attention to the contents of Ex.P1 and P2, but he denied
all the suggestion made to him. The learned Sr.APP sought to issue
process against all the remaining witnesses but after going through
the testimony of PW1, I do not find any incriminating evidence
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against the accused person with regard to the allegations made
against him. When the PW1 already turned hostile, no purpose
would be served even if remaining witnesses are examined. As such,
prayer was rejected to reissue summons to Cws.2 to 12. Since there
were no incriminating evidence against the accused, hence the
statement of accused U/s.313 of Cr.P.C., is dispensed with. As said
above, the PW1 not supported the prosecution case so as to prove the
allegations against the accused persons. Though the accused No.1 and
2 are charged for the offences P/U/S. 420, 511 of I.P.C., for want of
evidence, the accused No.1 to 13, & A15 & 16 are entitled for
acquittal. For the foregoing discussion, I am of the opinion that the
prosecution has failed to prove the allegations against the accused
No.1 to 13, & A15 & 16 beyond all reasonable doubt. Accordingly, I
proceed to pass the following:
ORDER
Acting Under Section 248(1) of Cr.P.C., accused 1 to 13, & A15 & 16 are hereby acquitted for the offences punishable U/s.420, 511 of I.P.C.
7C.C.No.22296/2017 The bail bond of accused 1 to 13, & A15 & 16 and surety shall stands cancelled. (Dictated to the Stenographer directly on the computer,print out taken by her is verified, corrected & then pronounced by me in the Open Court dated this the 23rd January, 2021) (B.MOHAN BABU) XXXVII ADDL.C.M.M., BANGALORE.
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
PW1 : Pooja.
LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:
Ex.P.1 : Complaint Ex.P.1(a) : Signature of PW1 Ex.P.2 : Spot mahazar Ex.P.2(a) : Signature of PW1.
LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF THE PROSECUTION:
NIL LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENCE:
NIL LIST OF DOCUMENTS AND MATERIALS MARKED ON BEHALF OF THE DEFENCE .
NIL XXXVII ACMM., BANGALORE.8
C.C.No.22296/2017 23012021 Judgment Judgment pronounced in open court (vide separately) ORDER Acting Under Section 248(1) of Cr.P.C., accused 1 to 13, & A15 & 16 are hereby acquitted for the offences punishable U/s.420, 511 of I.P.C.
The bail bond of accused 1 to 13, & A15 & 16 and surety shall stands cancelled.
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