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[Cites 11, Cited by 0]

Bangalore District Court

Madivala P.S vs Manikanta Alias Mani on 30 June, 2025

KABC010094772015




     IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
            SESSIONS JUDGE, AT BENGALURU

               Dated this the 30th day of June, 2025

Present:                Shri Muralidhara Pai B.
                                             B.Com., LL.B.
                        Principal City Civil and Sessions Judge,
                        Bengaluru.

                         Spl.C.C. No. 196/2015
Complainant         :      State of Karnataka
                           By Madiwala Police Station
                           Bengaluru.

                                 Vs.

Accused            :1.     Manikanta @ Mani,
                           S/o late Shankar,
                           Age 34 years,
                           R/at Rajamanjil,
                           5th Cross, Gopalagowda Layout,
                           Shivamogga.

                   2.      Nanjunda @ Anekal Nanjunda,
                           S/o late Guruswamy,
                           Aged 32 years,
                           R/at No.211/9,
                           Lingaraju Layout,
                           Behind Milk Dairy,
                           Anekal Town,
                           Bengaluru.

                   3.      M. Rakesh,
                           (Abated)
                         Spl.C.C.No.196/2015
             2

4.   Nagaraju @ Naga,
     S/o Jayaraj,
     Aged 27 years,
     R/at No.165, 1st Main,
     4th Cross, Vinayakanagar,
     Wilson Garden,
     Bengaluru.

5.   Manjunath @ Manja @ Kutty
     S/o Seethappa,
     Age 34 years,
     R/at Behind Bajaj Showroom,
     Anekal,
     Bengaluru Rural District.

6.   Govindaraju,
     S/o Shekhar,
     Age 31 years,
     R/at 4th Cross, 3rd House,
     Near Ayyappa Temple,
     Hosapalya Road,
     Mangammanapalya,
     Bengaluru.

7.   Saravana,
     S/o Venkatesh,
     Age 34 years,
     R/at No-19/2, House No.5,
     Rajiv Gandhi Nagar,
     Bommanahalli,
     Bengaluru - 68.

8.   Vinay Kumar @ Viny,
     S/o Gangadarayya,
     Age 28 years,
     R/at No.294, 25th Block,
     K.S.R.P. Police Quarters,
     Koramangala,
     Bengaluru.
                         Spl.C.C.No.196/2015
                 3

9.    Ranjit Kumar @ Ranchit @ Gunda,
      S/o Albert Mannaraj,
      Age 25 years,
      R/at No.387, 1st Main,
      Bhuvaneshwari Nagar,
      R.T. Nagar Post,
      Bengaluru.

10.   Karthik,
      S/o Selvaraj,
      Age 23 years,
      R/at No. 447, 1st Main,
      12th Cross, Gangamma Layout,
      Hale Mangannunapalya,
      Bengaluru.

11.   Sunder,
      S/o Muruga,
      Age 28 years,
      R/at No.243, 4th Cross,
      Bhakshi Garden, Mysore Road,
      Bengaluru.

12.   Kapil,
      (Abated)

13.   Prabhu @ Kuttian,
      S/o Keshavan,
      Age 30 years,
      R/at No.30, 5th Cross,
      Sonnenahalli, Vivekanagar,
      Bengaluru.

14.   Madan @ Lal,
      S/o Maduraimuthu,
      Age 32 years,
      R/at No.103, 3rd Cross,
      Sonnenahalli, Vivekanagar,
      Bengaluru.
                          Spl.C.C.No.196/2015
                 4

15.   James,
      (Abated)

16.   Shyam Prakash @ Shyam,
      S/o Mohanvel,
      Age 25 years,
      R/at No.13, 10th Cross,
      Dabaspet, Vasanthnagar,
      Bengaluru - 52.

17.   Raghu @ Pooma.
      S/o Albert,
      Age 21 years,
      R/at Narasimhaiah's House,
      Behind C.M.C.
      Next to Urdu School,
      Bommanahalli, Bengaluru.

18.   Simonraj @ Simon,
      S/o Arun Prakash,
      Age 27 Years,
      R/at Balamma's House,
      2nd Cross, Opposite to K.K. Convent,
      Goripalya, Bengaluru.

19.   Nirmal Kumar @ Nirmal,
      S/o Venkatesh,
      Age 30 years,
      R/at No.63, 1st Cross,
      Sonnenahalli, Vivekanagar,
      Bengaluru.

20.   Shabhari Nath @ Shabhari,
      S/o Mani,
      Age 21 years,
      R/at Near Crematorium,
      Rajiv Gandhi Nagar, Bommanahalli,
      Bengaluru.
                          Spl.C.C.No.196/2015
             5

21.   Gagan Sharma @ Gagan,
      S/o Sukhdevraj Sharma,
      Age 32 years,
      R/at No.34/3, 6th Cross,
      Vasanthnagar, Bengaluru.

22.   Vinay @ Sandeep @ Sandi,
      S/o Vishkante Gowda,
      Age 24 years,
      R/at No. 64, 6th Block,
      HUDCO Police Quarters,
      K.S.R.P. Koramangala,
      Bengaluru.

23.   Tamilvanan,
      S/o Raja,
      Age 30 years old,
      R/at No.30, Pipeline,
      Ejipura, Bengaluru.

24.   Balamuruga @ Bala,
      S/o Late Seshachalam,
      Age 43 years old,
      R/at No.137/8-2, 1st Cross,
      Behind Anjaneya Temple,
      Madiwala, Bengaluru - 68.

25.   Srinivasa @ Apple Seena,
      A/o Late Ramamurthy,
      Age 43 years,
      R/at No.4, 3rd Cross,
      Agara Village, Sarjapur Road,
      Bengaluru City.

26.   Ramesh @ Thimma,
      S/o Srinivasa,
      Age 31 years,
      R/at No.31, 3rd Main,
      6th Cross, Jakkasandra,
      Koramangala, Bengaluru City.
                                                Spl.C.C.No.196/2015
                                   6

                   27.      Lakshmana,
                            (Absent)

                   28.      C. Narayanappa,
                            S/o Late Gundappa,
                            Age 51 years,
                            R/at No. 36, 3rd Cross,
                            Jaibheemanagar, B.T.M. 1st Stage,
                            Madiwala, Bengaluru.

Date of offense & Time             12.10.2014, 2.00 p.m.
Date of report of offense          12.10.2014, 4.00 p.m.
Date of arrest of the Accused      A1 on 28.1.2015
                                   A2, A3 on 17.10.2014
                                   A4, A5 & A21 on 29.10.2014
                                   A14 on 10.11.2014
                                   A9, A.12, A15 and A16 on 16.10.2014
                                   A7, A8, A17, A20 and A22 on
                                   18.10.2014
                                   A.6, A10, A.11, A18, A25 & A26 on
                                   21.10.2014
                                   A13, 19, A24 on 1.11.2014
                                   A23 on 20.11.2014
                                   A.27 on 23.12.2014
                                   A28 on 14.11.2014
Name of the Complainant            Smt. Nirmala R.
Date of commencement of            29.11.2021
recording of evidence
Date of closing of evidence        5.10.2024
Offenses complained of             Sections 143, 147, 148, 448, 427,
                                   120B, 109, 307, 302 read with
                                   Section 149 IPC, Sections 3 and 25 of Arms
                                   Act and Section 3 of Karnataka Control of
                                   Organized Crimes Act,
                                   2000.
Opinion of the Judge               As per final Order


State represented by               Sri Chinnavenkataravanappa,
                                   Public Prosecutor,
                                           Spl.C.C.No.196/2015
                              7

Accused defended by           A1, A11,A14, A15, A17, A18 A21 to A25
                              by Sri Younous Ali Khan, Advocate
                              A2, A4, A6, A8 to A10
                                by Sri S. Balakrishnan
                              A7, A13 & A16 by Sri
                              A26 by Sri G.M. Srinivas Reddy,
                                Advocate
                              A28 by Sri Manjunath P.R. Advocate


                         JUDGMENT

The Assistant Superintendent of Police, Mico Layout Sub-Division, Bengaluru has laid the charge sheet against the accused persons for the offenses punishable under Sections 143, 147, 148, 448, 427, 120B, 109, 307, 302 read with Section 149 IPC, Sections 3 and 25 of Arms Act and Section 3 of Karnataka Control of Organised Crimes Act, 2000.

2. The case of the prosecution in brief is that the deceased Babu @ Nakara Babu had committed the murder of elder brother of Accused No.1 and on account of the said grudge Accused No.1 entered into criminal conspiracy to murder the deceased and that in furtherance of said common object Accused Nos.1 to 28 formed an unlawful assembly on 12.10.2014 near the house of CW-5 namely G. Ravi Shankar @ Raj Kamal situated at 4th Main, 4th Cross, Jaibheema Spl.C.C.No.196/2015 8 Nagar, 1st Stage, BTM Layout, Old Madiwala, armed with deadly weapons, committed rioting, trespassed into the house of CW-5, damaged show-case glass, window glass, Television therein and caused loss to an extent of Rs.3,00,000/-, assaulted CW-3 namely Hiralal and CW-4 namely Sri Vishwanath @ Vishwa with deadly weapons and made attempt to murder them and caused murder of the deceased by assaulting him with deadly weapons. It is alleged that Accused Nos.15 and 16 gave information to Accused No.3 about the presence of the deceased in the house of CW-5 whereupon other accused came to the place with deadly weapons, Accused No.25 helped the other accused persons by giving his vehicle for committing the crime, Accused No.26 gave money to help the accused persons and that Accused Nos.27 and 28 made the deceased to come to the spot by receiving money from Accused No.1. It is also alleged that Accused Nos.1 to 5, 7, 12 to 14, 16, 19, 21 and 24 were continuously indulged in unlawful activities from 2004 onwards as members of organized crime syndicate by using violence for the purpose of gaining pecuniary advantage.

Spl.C.C.No.196/2015 9

3. Originally Madiwala Police had registered a case in Crime No.1418/2014. During the investigation of the said case, the Investigating Officer submitted a requisition to the jurisdictional Magistrate and incorporated the provisions pf Karnataka Control of Organized Crimes Act, 2000. On 15.12.2014 the jurisdictional magistrate was submitted the record to this Court. On completion of the investigation, the Assistant Superintendent of Police, Mico Layout Sub-Division, Bengaluru Police Station laid charge sheet before the Court.

4. As on the date of filing the charge sheet, Accused Nos.1 to 27 were in judicial custody and Accused No.28 was was shown as absconding. Later, this Court secured the presence of Accused No.28 on 29.6.2015 under NBW. Afterwards, Accused Nos.1 to 28 were enlarged on bail. During pendency of case, Accused No.3 M. Rakesh was reported to be dead. As such the case against Accused No.3 was closed on 5.10.2018 as abated.

5. On 6.10.2018 this Court framed charge for the alleged offenses. Accused Nos.1, 2, 4 to 28 have pleaded not Spl.C.C.No.196/2015 10 guilty and claimed to be tried. As such the prosecution was asked to lead their evidence to prove the charge framed against the accused.

6. Afterwards, Accused Nos.12, 15 and 27 died and on report of their deaths, case against these accused persons was dismissed as abated vide Orders 6.12.2019 and 23.8.2023 and 18.5.2024.

7. During the trial of the case, the prosecution has examined 38 witnesses, got marked documents at Ex- P1 to Ex- P114 and material objects at MO-1 to MO- 46. Then the statements of Accused Nos. 1, 2, 4 to 11, 13, 14, 16, 17 to 26 and 28 were recorded under Section 313 of Cr.P.C. Accused Nos. 1, 2, 4 to 11, 13, 14, 16, 17 to 26 and 28 have not adduced their defence evidence in the case.

8. Heard learned Public Prosecutor and learned Counsel for Accused Nos. 1, 2, 4 to 11, 13, 14, 16, 17 to 26 and 28.

9. The following points would arise for the consideration of this Court:

Spl.C.C.No.196/2015 11
1. Whether the prosecution has proved that the accused herein had entered into a criminal conspiracy to commit murder of deceased Babu @ Nakara Babu?
2. Whether the prosecution has proved that on the alleged date, time and place the accused herein along with other accused persons had formed an unlawful assembly, armed with deadly weapons and committed rioting?
3. Whether the prosecution has proved that on the alleged date, time and place the accused herein along with other accused persons had trespassed into the house of CW-5 and damaged properties therein worth about Rs.3,00,000/-?
4. Whether the prosecution has proved that on the alleged date, time and place the accused herein along with other accused persons had murdered the deceased in the house of CW-5 by assaulting him with deadly weapons?
5. Whether the prosecution has proved that on the alleged date, time and place the accused herein along with other accused persons had made an attempt to murder CW-3 and CW-4 by assaulting them with deadly weapons?
6. Whether the prosecution has proved that Accused Nos.15 to 17 and 20 to 28 had abetted murder of the deceased by assisting the other accused persons by providing vehicle, money, information and by securing presence of the deceased under the guise of compromise?

Spl.C.C.No.196/2015 12

7. Whether the prosecution has proved that the accused herein along with other accused persons have committed the crime in question as the members of organized crime syndicate with an intention of gaining pecuniary advantage?

8. What Order?

10. The findings of this Court on the above points are under:

Point Nos.1 to 7: In the negative;
                 Point No.8      : As per final order;
                                   for the following:

                                REASONS

      11.        Point Nos.1 to 7:        The case of the prosecution

is that the deceased Babu @ Nakara Babu had committed the murder of elder brother of Accused No.1 and on account of the said grudge Accused No.1 entered into criminal conspiracy to murder the deceased and that in furtherance of said common object Accused Nos.1 to 28 formed an unlawful assembly on 12.10.2014 near the house of CW-5 namely G. Ravi Shankar @ Raj Kamal situated at 4 th Main, 4th Cross, Jaibheema Nagar, 1st Stage, BTM Layout, Old Madiwala, armed with deadly weapons, committed rioting, trespassed Spl.C.C.No.196/2015 13 into the house of CW-5, damaged show-case glass, window glass, Television therein and caused loss to an extent of Rs.3,00,000/-, assaulted CW-3 namely Hiralal and CW-4 namely Sri Vishwanath @ Vishwa with deadly weapons and made attempt to murder them and caused murder of the deceased by assaulting him with deadly weapons. It is alleged that Accused Nos.15 and 16 gave information to Accused No.3 about the presence of the deceased in the house of CW-5 whereupon other accused came to the place with deadly weapons, Accused No.25 helped the other accused persons by giving his vehicle for committing the crime, Accused No.26 gave money to help the accused persons and that Accused Nos.27 and 28 made the deceased to come to the spot by receiving money from Accused No.1. It is also alleged that Accused Nos.1 to 5, 7, 12 to 14, 16, 19, 21 and 24 were continuously indulged in unlawful activities from 2004 onwards as members of organized crime syndicate by using violence for the purpose of gaining pecuniary advantage.
Spl.C.C.No.196/2015 14
12. In this case, the prosecution has examined altogether 38 witnesses. Amongst them the material witnesses are PW-1 Smt. Nirmala is the de-facto Complainant and the first wife of the deceased, PW-2 Smt. Manjula is the second wife of the deceased, PW-3 to PW-7 and PW-24 are said to be the eye-witnesses of the incident. All other witnesses are formal witnesses who were said to be the panchas, doctors, FSL Expert and police personnel including the Investigating Officers.
13. PW-1 Smt. Nirmala, who is the first wife of the deceased, in her evidence has stated that about 7-8 years ago her husband was murdered and that she had lodged a complaint in that regard as per Ex. P1. However, PW-1 has not whispered anything about the place of crime. The prosecution has treated her as a hostile witness and subjected her for cross-examination. Even then, PW-1 has denied having gone to the house CW-5 namely Ravi Shankar @ Raj Kamal and having found her husband dead in the bed-

room of the said house with injuries all over his body.

Spl.C.C.No.196/2015 15

14. PW-2 Smt. Manjula the second wife of the deceased has also made statements similar to that of PW-1 and denied having seen the dead body of the deceased in the bed-room of the house of CW-5.

15. CW-5 Sri Ravi Shankar @ Raj Kamal died before commencement of trial in the case. As such the prosecution could not examine CW-5 in the case. The prosecution has examined his wife namely Smt. Sheela R. and children namely Ms. Sushmitha, Ms. Dolly and Ms. Dhanalakshmi as PW-3 to PW-6 respectively. During their evidence all these witnesses have stated that they had not seen the incident in question. These witnesses have even not made any statement about occurrence of murder of Babu @ Nakara Babu in their house or any one having damaged the properties in their house. The prosecution has treated all these witnesses as hostile witnesses and subjected them for cross-examination. During such cross-examination PW-4 to PW-6 have claimed that they were not in the house at the relevant point of time.

Spl.C.C.No.196/2015 16

16. The prosecution has examined CW-3 Sri Hiralal as PW-7. In his evidence, PW-7 has stated that he does not know how Babu @ Nakara Babu died and that he has not seen any one causing murder of the said person. It is to be noted that this person has not even made any statement about any one having assaulted him or he having suffered injuries during such incident. The prosecution has treated this witness as hostile witness and subjected him for cross- examination. During such cross-examination PW-7 has denied the accused persons having assaulted him during the incident and he having sustained injuries on his head in that incident.

17. The prosecution has examined CW-4 Sri Vishwanath as PW-24. In his evidence PW-24 has also stated that he had not seen the incident or given any statement before the Police in that regard. During his evidence, PW-24 has not stated anything about he having suffered injuries in the incident. It is to be noted that during the cross- examination of PW-24 the prosecution has even failed to suggest about this person having suffered any injury in the Spl.C.C.No.196/2015 17 incident. Thereby, the materials on record clearly go to show that none of the material witnesses have made any statement before the Court supporting the version of the prosecution either regarding the incident or the persons involved therein.

18. PW-38 Sri Prashanth M.M. is the Police Officer who had conducted initial investigation in the case. In his evidence, PW-38 has stated that on receipt of the complaint and registration of the case he had gone to the spot, conducted inquest mahazar as per Ex. P39 and seized certain articles from the scene of crime by drawing a mahazar as per Ex. P2. Further, the prosecution has examined PW-34 namely Dr. P.S. Varghese, who has conducted the post- mortem in the case. No doubt, the panchas to the inquest mahazar and the spot mahazar have not supported the case of the prosecution except admitting their signatures on concerned documents. However, this Court does not find valid reason to disbelieve the statements of PW-38 and PW-34 and the contents of inquest mahazar marked at Ex. P39 and post-mortem report marked at Ex. P54 regarding nature of injuries found on the body of the deceased and the Spl.C.C.No.196/2015 18 opinion of PW-34 regarding cause of the death. In view of the same, this Court holds that the prosecution has placed sufficient evidence on record to prove that the death of Babu @ Nakara Babu is a homicidal death.

19. The prosecution has examined the Doctors i.e. CW-49 Dr. Baburao and CW-50 Dr. Betti Alben as PW-35 and PW-28 respectively. In their evidence, these witnesses have deposed before the Court regarding the treatment given to Sri Hiralal and Sri Vishwa on the date of incident as well as the nature of injuries found on their person. As already pointed out, the concerned persons while deposing before the Court as PW-7 and PW-24 respectively have not stated anything about they having suffered injuries in the incident in question. As such it is to be held that the evidence adduced by the prosecution by examining PW-35 and PW-28 is of no use for them in proving their case.

20. During his evidence PW-38 has made statements before the Court regarding recoveries made at the instance of the accused persons such as weapons of the crime, mobile Spl.C.C.No.196/2015 19 phones, vehicles said to have been used for committing the crime. First of all, the panchas of all such mahazars have not supported the case of the prosecution. More importantly, even the admissions of PW-38 during his cross-examination go to show that alleged these recoveries are of no much use for the prosecution in proving their case. It is because admittedly no finger prints had been found on the weapons said to have been used for committing the crime. It is to be noted that as per the version of PW-38 had not sent those weapons for examination by Finger Print Expert on the ground that all the weapons had rough surface and that one cannot get finger prints on such rough surface. Further, PW-38 has admitted that he had not made investigation to find out the source of mobile phones or sim-card said to have been seized during the investigation in the case. The admissions of PW-38 majority of the vehicles said to have been used for commission of the crime did not belong to the accused persons and the Investigating Officer has not made sufficient efforts to trace its owners and to confirm that those vehicles were in possession of the accused persons at the Spl.C.C.No.196/2015 20 relevant point of time. The materials on record also indicate that the Investigating Agency had not found any incriminating material such as blood stains etc. in the vehicles said to have been used for commission of the crime.

21. It is the definite case of the prosecution that there was CCTV facility at the place of incident and that the Investigating Officer i.e. PW-38 had recovered its DVR containing CCTV footage. In support of this contention, the prosecution has examined CW-15 Sri Nithin as PW-10. During his evidence, PW-10 has stated that at the request of concerned police he had collected data from concerned DVR and copied its contents in CDs. He has claimed that at that time he had noticed 4 cameras having been connected to the said DVR.

22. The materials on record indicate that the Investigating Agency has failed to make use of this best piece of evidence to prove their case because of lack of experience I handling electronic evidence. As per the version of PW-10 he had seen the DVR in question at the Police Station and that Spl.C.C.No.196/2015 21 he had not collected it from the place of its installation. Further, neither PW-38 nor PW-10 have made any statement before the Court regarding the device used for copying the contents of DVR or to authenticate the process of such copying with reference to hash value or by producing certificate required under Section 65-B of Evidence Act. In view of the same, this Court holds that the contents of DVR or CDs said to be containing the data in DVR cannot be looked into for appreciating the evidence of the prosecution in the case.

23. The prosecution has examined the FSL Expert as PW-33. Smt. Shahnaz Fathima in her deposition as PW-33 has stated that during her examination she had found blood stains on the articles marked as MO-2 to MO-29 which were said to be the weapons of the crime and that those stains were of human blood. During her cross-examination, PW-33 has stated that those blood stains could have been of different groups, different sex and of a living or dead person. The said statements of PW-33 give an impression that she had not conducted tests on blood stains to find out these Spl.C.C.No.196/2015 22 details, which were definitely material for deciding this case on account of alleged assaults on the deceased as well CW-3 and CW-4. Even PW-37 Sri B.N. Obalesh, the other Investigating Officer in the case has stated that he had not conducted any investigation to find out these details. Thus, on appreciating the materials on record it becomes clear that even the Investigating Agency has failed to conduct proper investigation in the case and to place best evidence before the Court to prove their case and the guilt of the accused persons.

24. No doubt, the prosecution has alleged that the accused herein are members of an organized crime syndicate involved in unlawful activities with an intention of gaining pecuniary advantage and that they have committed the crime in question in furtherance of continuing such unlawful activities as the members of organized crime. In this regard PW-37 has made certain statements about having obtained prior approval to invoke the provisions of KCOC Act in the case as well as the Sanction Order obtained prior to filing of the charge sheet. In his evidence PW-37 has stated about he Spl.C.C.No.196/2015 23 having produced Accused Nos.1, 2, 5 and 12 before the Deputy Police Commissioner for the purpose of recording their confession statement. However, the prosecution has not adduced any evidence in this regard before the Court. Added to the above, when the prosecution has failed to prove the accusation made against the accused persons regarding their involvement in committing murder of Babu @ Nakara Babu or alleged assault on PW-7 and PW-24 or trespassing and causing damage to the properties in the house of CW-5, this Court holds that the above contentions of the prosecution have no bearing on the case. For the foregoing reasons, this Court holds that the prosecution has failed to prove the charge framed against them either under the provisions of IPC or KCOC Act. Accordingly Point Nos.1 to 7 are answered in the negative.

25. Point No.8: Section 357A of Cr.P.C. mandates the Trial Court to consider making a recommendation for compensation to the victim or his dependents under the Victim Compensation Scheme. Section 357A(3) of Cr.P.C. makes it clear that such a compliance is required only when Spl.C.C.No.196/2015 24 the Trial Court is satisfied that such an action is necessary when rehabilitation of the victim or his dependents is necessary.

26. In the present case, the victim i.e. Babu @ Nakara Babu has died in the incident. PW-1 Smt. Nirmala and PW-2 Smt. Manjula are his wives. No doubt, these witnesses have stated that their husband had been murdered. However, it is to be noted that they have supported the case of the prosecution except making a statement as to having lodged a complaint as per Ex. P1. Apart from the above, the materials on record indicate that even the deceased was having criminal antecedent. In view of the said conduct of PW-1 and PW-2, this Court does not find any reason to recommend for any compensation to them by invoking the provisions of Section 357A of Cr.P.C. Further, the materials on record indicate that CW-3 and CW-4 are the injured persons, who had sustained previous injuries in the incident. These persons have gone to the extent of denying any assault on them or having suffered injuries in the incident. In the above circumstances, this Court holds that it is not fit a case to Spl.C.C.No.196/2015 25 invoke the provisions of Section 357 A of Cr.P.C. to award any compensation either to the dependents of the deceased or the persons said to have sustained injuries. In the result, this Court proceeds to pass the following:

ORDER Acting under Section 235(1) of Criminal Procedure Code Accused Nos.1, 2, 4 to 11, 13, 14, 16, 17 to 26 and 28 are acquitted from the charges framed under Sections 143, 147, 148, 448, 427, 120B, 109, 307, 302 read with Section 149 IPC, Sections 3 and 25 of Arms Act and Section 3 of Karnataka Control of Organized Crimes Act, 2000.

The bail bond executed by Accused Nos. 1, 2, 4 to 11, 13, 14, 16, 17 to 26 and 28 and their sureties stand canceled.

The material objects marked at MO-1 to MO-11 & MO-29 to MO-46 are being worthless, same are ordered to be destroyed after the appeal period. MO-12 to MO-28 are confiscated to the State.

(Dictated to the Stenographer Grade-II directly on the computer, typed by her, then corrected and pronounced by me in the Open Court on this the 30th day of June, 2025) (Muralidhara Pai B.) Principal City Civil & Sessions Judge, Bengaluru.

Spl.C.C.No.196/2015 26 : ANNEXURE :

List of witnesses examined for the prosecution:
PW-1                Smt. Nirmala
PW-2                Smt. Manjula
PW-3                Smt. Sheela
PW-4                Kum. Sushmitha
PW-5                Kum. Dolly
PW-6                Kum. Dhanalakshmi
PW-7                Hiralal
PW-8                Srinivas Murthy
PW-9                Ganapathi
PW-10               Nitin
PW-11               Raghavendra
PW-12               Pavan Kumar
PW-13               Mahendra
PW-14               Shankar
PW-15               Arun
PW-16               Suhail
PW-17               Ravi
PW-18               Abdul Khader
PW-19               Gopi Krishna
PW-20               Chandrashekar
PW-21               Ayubkhan
PW-22               Gangappa
PW-23               Prabhu
PW-24               Vishwanath
PW-25               Rajgopal
PW-26               Champalal
                                          Spl.C.C.No.196/2015
                              27

PW-27               Satish
PW-28               Dr. Betty Alben
PW-29               Ganesh
PW-30               Udaykumar
PW-31               Vikas S.
PW-32               Muralidhar D.
PW-33               Shahnaz Fathima
PW-34               Dr. Varghese
PW-35               Dr. Baburao
PW-36               G.K. Ravi
PW-37               Obelesh
PW-38               M.M.Prasanth

List of witnesses examined for the defence: Nil List of documents marked for the prosecution:
Ex.P1               Complaint
Ex.P1(a)            Signature of PW-1
Ex.P1(b)            Signature of PW-38
Ex.P2               Spot Mahazar
Ex.P2(a)            Signature of PW-1
Ex.P2(b)            Signature of PW-12
Ex.P2(c)            Signature of PW-38
Ex.P3               Further statement of PW-1
Ex.P4               Statement of PW-2
Ex.P5               Further statement of PW-2
Ex.P6               Statement of PW-3
Ex.P7               Further statement of PW-3
Ex.P8               Statement of PW-4
                                  Spl.C.C.No.196/2015
                   28

Ex.P9       Further statement of PW-4
Ex.P10      Statement of PW-5
Ex.P11      Further statement of PW-5
Ex.P12      Statement of PW-6
Ex.P13      Statement of PW-6
Ex.P14      Statement of PW-7
Ex.P15      Further statement of PW-7
Ex.P16      Statement of PW-8
Ex.P17      Statement of PW-9
Ex.P18      Statement of PW-12
Ex.P19      Seizure Mahazar
Ex.P19(a)   Signature of PW-13
Ex.P19(b)   Signature of PW-16
Ex.P19(c)   Signature of PW-38
Ex.P20      Statement of PW-13
Ex.P21      Seizure Mahazar
Ex.P21(a)   Signature of PW-14
Ex.P21(b)   Signature of PW-38
Ex.P22      Statement of PW-14
Ex.P23      Seizure Mahazar
Ex.P23(a)   Signature of PW-15
Ex.P23(b)   Signature of PW-17
Ex.P23(c)   Signature of PW-38
Ex.P24      Statement of PW-15
Ex.P25      Statement of PW-16
Ex.P26      Statement of PW-17
Ex.P27      Statement of PW-18
Ex.P28      Seizure Mahazar
                                  Spl.C.C.No.196/2015
                   29

Ex.P28(a)   Signature of PW-19
Ex.P28(b)   Signature of PW-20
Ex.P28(c)   Signature of PW-38
Ex.P29      Statement of PW-19
Ex.P30      Statement of PW-20
Ex.P31      Seizure Mahazar
Ex.P31(a)   Signature of PW-21
Ex.P31(b)   Signature of PW-38
Ex.P32      Statement of PW-21
Ex.P33      Seizure Mahazar
Ex.P33(a)   Signature of PW-2
Ex.P33(b)   Signature of PW-23
Ex.P33(c)   Signature of PW-38
Ex.P34      Statement of PW-22
Ex.P35      Photo of Car under Ex.P.33
Ex.P36      Statement of PW-23
Ex.P37      Statement of PW-24
Ex.P38      Further statement of PW-24
Ex.P39      Inquest Mahazar
Ex.P39(a)   Signature of PW-25
Ex.P39(b)   Signature of PW-38
Ex.P40      Seizure Mahazar
Ex.P40(a)   Signature of PW-26
Ex.P40(b)   Signature of PW-27
Ex.P40(c)   Signature of PW-38
Ex.P41      Statement of PW-26
Ex.P42      Statement of PW-27
Ex.P43      Wound Certificate of Vishwa
                                   Spl.C.C.No.196/2015
                   30

Ex.P43(a)   Signature of PW-28
Ex.P44      Opinion Certificate    of   Examining   17
            Weapons
Ex.P44(a)   Signature of PW-28
Ex.P44(b)   Signature of PW-34
Ex.P44(c)   Signature of PW-35
Ex.P45      Seizure Mahazar
Ex.P45(a)   Signature of PW-29
Ex.P45(b)   Signature of PW-30
Ex.P45(c)   Signature of PW-38
Ex.P46      Statement of PW-29
Ex.P47      Statement of PW-30
Ex.P48      Report of PW-31
Ex.P48(a)   Signature of PW-31
Ex.P48(b)   Signature of PW-38
Ex.P49      Report of PW-31
Ex.P49(a)   Signature of PW-31
Ex.P49(b)   Signature of PW-38
Ex.P50      Report of PW-31
Ex.P50(a)   Signature of PW-31
Ex.P50(b)   Signature of PW-38
Ex.P51      Report of PW-32
Ex.P51(a)   Signature of PW-32
Ex.P51(b)   Signature of PW-38
Ex.P52      FSL Report
Ex.P52(a)   Signature of PW-33
Ex.P53      Sample Seal
Ex.P53(a)   Signature of PW-33
                                           Spl.C.C.No.196/2015
                             31

Ex.P54               P.M. Report
Ex.P54(a)            Signature of PW-34
Ex.P55               Wound Certificate of Hiralal
Ex.P.55(a)           Signature of PW-35
Ex.P.56              Report of PW-36
Ex.P.56(a)           Signature of PW-36
Ex.P.56(b)           Signature of PW-38
Ex.P.57              Report of PW-36
Ex.P.57(a)           Signature of PW-36
Ex.P.58              Prior Approval Order of Invoking KCOCA
Ex.P.59              Mahazar dated 09.12.2015
Ex.P.59(a)           Signature of PW-37
Ex.P.60              Order of Commissioner for submitting
                     chargesheet
Ex.P.61              FIR
Ex.P.61(a)           Signature of PW-38
Ex.P.62 to Ex.P.69 Photos of spot Ex.P.70 Rough sketch of spot Ex.P.70(a) Signature of PW-38 Ex.P.71 Voluntary statement of the Accused Ranjith Kumar Ex.P.72 Voluntary statement of the Accused Kapil Ex.P.73 Voluntary statement of the Accused James Ex.P.74 Voluntary statement of the Accused Shyamprakash Ex.P.75 Voluntary statement of the Anekal Nanjunda Ex.P.76 Voluntary statement of the Accused Rakesh Spl.C.C.No.196/2015 32 Ex.P.77 Voluntary statement of the Accused Saravana Ex.P.78 Voluntary statement of the Accused Vinaykumar Ex.P.79 Voluntary statement of the Accused Raghu Ex.P.80 Voluntary statement of the Accused Shabarinath Ex.P.81 Voluntary statement of Vinay Kumar @ Sandeep Ex.P.82 Seizure Mahazar of one Innova Car and one Pepper spray Ex.P.82(a) Signature of PW-38 Ex.P.83 Report of CW-52 Ex.P.83(a) Signature of PW-38 Ex.P.84 Voluntary statement of the Accused Govindaraju Ex.P.85 Voluntary statement of the Accused Karthik Ex.P.86 Voluntary statement of the Accused Sundar Ex.P.87 Voluntary statement of the Accused Simon Ex.P.88 Voluntary statement of the Accused Srinivas Ex.P.89 Voluntary statement of the Accused Ramesh Ex.P.90 Seizure Mahazar of Ritz Car Ex.P.90(a) Signature of PW-38 Ex.P.91 Voluntary statement of the Balamurugan Spl.C.C.No.196/2015 33 Ex.P.92 Voluntary statement of the Nirmal Kumar Ex.P.93 Voluntary statement of the Prabhu Ex.P.94 Voluntary statement of the Manjunath Ex.P.95 Voluntary statement of the Nagaraju Ex.P.96 Voluntary statement of the Gagan Sharma Ex. P97 Mahazar Ex.P.97(a) Signature of PW-38 Ex.P.98 Voluntary statement of Madan Ex.P.99 Seizure Mahazar Ex.P.99(a) Signature of PW-38 Ex.P.100 Voluntary statement of Tamilrasan Ex.P.101 Voluntary statement of Manikanta Ex.P.102 to Property Forms Ex.P.114 List of documents marked for the accused: Nil List of material objects marked:
MO-1 One DVR along with adapter and cables MO-2 4 CDs MO-3 and Two Mobile Phones MO-4 MO-5 One Sim Card MO-6 and Two Mobile Phones MO-7 MO-8 and Two Mobile Phones MO-9 MO-10 and Two Mobile Phones Spl.C.C.No.196/2015 34 MO-11 MO-12 to 13 Iron Longs MO-28 3 Draggers Iron Sickle MO-29 Glass Pieces MO-30 and Chapples MO-31 MO-32 One Jeans Pant with belt MO-33 One Baniyan MO-34 One underwear MO-35 Wrist Band MO-36 Sacred Thread MO-37 One Belt Watch MO-38 One T-Shirt MO-39 One plastic bottle containing blood MO-40 1 Pair of PUMA Chappal MO-41 1 Videocon Moblile Phone MO-42 to 3 Nokia Mobile Phone MO-44 MO-45 2 Sim Cards MO-46 One Pepper Spray Bottle Principal City Civil & Sessions Judge, Bengaluru.