Bangalore District Court
( Rep. By Sr.App) vs No.1 To 4 Are R/O No.15/25 on 2 March, 2021
C.C.No.27198/2017
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IN THE COURT OF THE I st ADDL.CMM: BENGALURU
Dated this the 2 nd day of March 2021.
Present: Shri Bhat Manjunath Narayan,
B.Com., LL.B.
Ist Addl. C.M.M BENGALURU.
C.C.No.27198/2017
State by Hebbal Layout
Police Station, Bengaluru. ....Complainant
( Rep. by Sr.APP)
Vs
1. Vinay S/o Kumar C.,
aged 23 years,
2. Sridhar S/o Kumar,
aged 20 years,
3. Srikumar S/o Chowdaiah
aged 53 years,
4. Smt.Susheelamma W/o Kumar
aged 45 years,
accused No.1 to 4 are r/o No.15/25,
3rd block, 3rd cross, Kuntigrama,
Hebbal, Bengaluru.
5. Lokesh @ Pipeline Lokesh. .....Accused
(A.5 split up)
(Rep by Sri N.Murthy Advocate)
C.C.No.27198/2017
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1. Sl. No. of the case : CC No.27198 of 2017
2. The date of commission of : 08.01.2017
the ofence
3. Name of Complainant : Smt.Manjula S.
4. Name of the accused : As stated above
5. The ofences complained or : 143, 147, 341, 448, 323,
proved 324, 354, 504, 506 R/w
sec.149 of IPC.
6. Plea of the accused and their : Pleaded not guilty
examination
7. Date of Commencement of : 19.02.2019
evidence
8. Date of Closing of : 20.09.2019
prosecution evidence
9. Opinion of Judge : Accused not guilty
10. Date of Judgment : 02.03.2021
(Bhat Manjunath Narayan)
Ist Addl. CMM., Bengaluru.
C.C.No.27198/2017
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JUDGMENT
That, Hebbal Police have fled charge sheet against the accused No.1 to 5 alleging that they have committed an ofence punishable under Section 143, 147, 341, 448, 323, 324, 354, 504, 506 R/w sec.149 of IPC.
2. The allegations made in the charge sheet in brief are as under:
It is alleged in the charge sheet that on 08-01-2017 at about 12.00 hours mid night, C.W.7 Armugam was smoking in front of his house and at that time the accused No.1 Vinay came to the spot and assaulted C.W.7 Armugam with his hand stating that why he is smoking in the said place. After noticing the quarrel between the accused No.1 and C.W.7 Armugam, C.W.1 Manjula, C.W.4-Smt.Valliyamma, C.W.5 Veeraswamy, C.W.6 Venkatesh and C.W.8 Shyamala who are the family members of C.W.7 Armugam came to his rescue. It is further case of the prosecution that at that time the accused No.1 to 5 have formed unlawful assembly and started abusing C.W.1 Manjula and C.W.4 to C.W.8 in flthy language and assaulted them with their hands. It is further stated in the charge sheet that the accused No.2 has assaulted C.W.5 Veeraswamy with wooden stick and caused blood injuries. It is further alleged that the accused No.1 assaulted C.W.6 Venkatesh on his face and C.C.No.27198/2017 4 and head and caused blood injures. Apart from this it is further alleged that accused No.2 assaulted C.W.8 with stick and accused No.5 assaulted C.W.1 by his legs. It is further case of the prosecution that the accused No.3 has abused C.W.1 and stated that " ಏಯ ಬರ ಒಒದದ ಸರ ನನನ ನ ನನದ ನನಡದತತನನ "
ಜಜತ ಮಲಗದ ನನನದ ದದಡಯದವ ಒಒದದ ದನದ ಹಣವನದ and thereafter the accused have molested C.W.8 Shyamala. It is further alleged that the accused No.4 has abused C.W.4 to 8 in abusive language. It is further case of the prosecution that after assaulting C.W.1, 4 to 8, the accused have entered into the house of C.W.1 and damaged windows and motorcycle bearing No.KA-05-JG-7753. It is further alleged that they have caused loss to them and also gave life threat to all the victims.
3. After incident, C.W.1 Manjula has fled frst information before Hebbal police on 08-01-2017 at 1.00 a.m. and criminal case came to be registered against the accused at Hebbal PS Cr.No.3/2017. The Investigating ofcer has visited the spot and prepared the spot mahazar in the presence of C.W.2 Rajanna and C.W.3 Ravi. The Investigating Ofcer has seized wooden stick used for the commission of ofence and glass pieces of windows. The Investigating Ofcer has recorded the statement of C.W.4 to C.W.8 victims. The Investigating C.C.No.27198/2017 5 Ofcer has further collected the wound certifcate of C.Ws 5, 6, 7 and came to a conclusion that the accused have committed an ofence punishable under section 143, 147, 341, 447, 323, 324, 354, 504 and 506 R/w sec.149 of IPC. Hence, charge sheet is fled for the above said ofences.
4. After fling of charge sheet, cognizance of the ofence punishable under Section 143, 147, 341, 447, 323, 324, 354, 504 and 506 R/w sec.149 of IPC is taken against the accused No.1 to 5. During crime stage the accused No.1 to 4 have appeared voluntarily and they are released on bail. After fling of charge sheet presence of accused No.1 to 4 is secured. The presence of accused No.5 could not be secured. Hence, case against accused No.5 is ordered to be split up. Accordingly, split up CC No.3881/2021 is registered against accused No.5. Copy of charge sheet is supplied to accused No.1 to 4 as required under sec.207 of Cr.P.C.
5. Charge for the ofence punishable under Section 143, 147, 341, 447, 323, 324, 354, 504 and 506 R/w sec.149 of IPC is framed after hearing the learned counsel for accused and learned Senior APP. Accused No.1 to 4 have pleaded not guilty.
C.C.No.27198/2017 6
6. In order to prove the guilt of the accused No.1 to 4, out of fourteen witnesses cited in the charge sheet, prosecution has examined 9 witnesses as P.W.1 to P.W.9. Ten documents are marked as Exs.P1 to P10. M.O.1 to 4 are also marked.
7. After closure of prosecution evidence, statement of accused as required under Section 313 of Cr.P.C. is recorded. The accused have denied the incriminating materials against them. The accused have not adduced any evidence either oral or documentary.
8. On the basis of charge sheet allegation, the following points arose for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that on 08-
01-2017 at about 12-00 mid night in front of house of CW-1 accused No.1 to 5 with common object of committing an ofence, have formed an unlawful assembly and thereby the accused have committed an ofence punishable under Section 143 R/w sec.149 of IPC?
2. Whether the prosecution proves beyond reasonable doubt that on 08- 01-2017 at about 12-00 mid night in front of house of CW-1 the accused C.C.No.27198/2017 7 No.1 to 5 by forming unlawful assembly used criminal force for assaulting CW-1, 4 to 8 and thereby the accused have committed an ofence punishable under Section 147 R/w sec.149 of IPC?
3. Whether the prosecution proves beyond reasonable doubt that on 08- 01-2017 at about 12-00 mid night in front of house of CW-1, the accused No.1 to 5 by forming an unlawful assembly have wrongfully restrained C.W.1, 4, 8 and thereby committed an ofence punishable under Section 341 R/w sec.149 of IPC?
4. Whether the prosecution proves beyond reasonable doubt that on 08-01-2017 at about 12-00 mid night, the accused No.1 to 5 by forming an unlawful assembly have trespassed into the house of C.W.1 and thereby committed an ofence punishable under Section 448 R/w sec.149 of IPC?
5. Whether the prosecution proves beyond reasonable doubt that on 08-01-2017 at about 12-00 mid night in front of house of CW-1, the accused No.1 to 5 by forming an unlawful assembly have assaulted C.W.1, 4 to 8 with their hands and caused simple injuries to them and thereby committed an ofence punishable under Section 323 R/w sec.149 of IPC?
C.C.No.27198/2017 8
6. Whether the prosecution proves beyond reasonable doubt that on 08-01-2017 at about 12-00 mid night in front of house of CW-1, by forming an unlawful assembly the accused No.2 assaulted C.W.8 with wooden stick and caused blood injury, accused No.2 assaulted C.W.5 with wooden stick and caused blood injury and accused No.1 assaulted C.W.6 on his head and face and caused blood injury and thereby committed an ofence punishable under Section 324 R/w sec.149 of IPC?
7. Whether the prosecution proves beyond reasonable doubt that on 08-01-2017 at about 12-00 mid night in front of house of CW-1, by forming an unlawful assembly the accused No.3 has outraged the modesty of C.W.1 & 8 by molesting them and thereby committed an ofence punishable under Section 354 R/w sec.149 of IPC?
8. Whether the prosecution proves beyond reasonable doubt that on 08-01-2017 at about 12-00 mid night in front of house of CW-1, the accused No.1 to 5 by forming an unlawful assembly have abused C.W.1, 4 to 8 in flthy language and thereby committed an ofence punishable under Section 504 R/w sec.149 of IPC?
C.C.No.27198/2017 9
9. Whether the prosecution proves beyond reasonable doubt that on 08-01-2017 at about 12-00 mid night in front of house of CW-1, the accused No.1 to 5 by forming an unlawful assembly gave life threat to C.W.1, 4 to 8 and thereby committed an ofence punishable under Section 506 R/w sec.149 of IPC?
10. What order ?
9. Heard Counsel appearing for the accused and learned Sr.APP. Perused the oral and documentary evidence adduced by the prosecution and my fndings on the above points are as under:
Point No.1 to 9 : In the Negative Point No.10 : As per fnal order, for the following:
REASONS Point No.1 to 9: -
10. Point No.1 to 9 are taken for common discussion as they are arising out of same incident and in order to avoid repetition. However, separate fnding has been given to each point.
C.C.No.27198/2017 10
11. That, Hebbal police have charge-sheeted the accused alleging that on 08-01-2017 at about 12 mid night the accused No.1 to 5 by forming an unlawful assembly have assaulted C.W.1, 4 to 8 and caused simple injuries to them. It is also alleged that the accused No.3 has outraged the modesty of C.W.1 Manjula and C.W.8 by molesting them and asking C.W.1 to come and sleep with him. The accused have denied the allegations and pleaded not guilty. So in order to prove the allegations against the accused No.1 to 4, the prosecution has examined victims C.W.1 Manjula as P.W.1, C.W.4 Valliyamma as P.W.2, C.W.5 Veeraswamy as P.W.3, C.W.6 Venkatesh as P.W.4 and C.W.8 Shyamala as P.W.5. One of the victim CW-7 Armugam is not examined in this case. The police ofcials who have investigated the case are examined as P.W.6 to P.W.9. The presence of punch witnesses, C.W.2 and C.W.3 and doctor was not secured and hence they are not examined in this case.
C.C.No.27198/2017 11
12. I have perused the evidence adduced by the victims in detail. Victims who have been examined as P.W.1 to 5 have stated identically in the examination in chief as well as in cross-examination. The evidence of P.W.1 to 5 is a stereo type evidence. So, the evidence of P.W.1 to 5 have to be scrutinized and considered with carefully. In this case the incident started on assault on C.W.1 Armugam. C.W.7 Armugam is not examined to say the assault by accused No.1 to him. I have perused the evidence of P.W.1 Manjula in detail. P.W.1 Manjula has stated that the incident has occurred on 06-01-2017 at mid night. In charge sheet it is stated that incident has occurred on 08-01-2017 mid night. Of course the mid night of 07-01-2017 and 00-00 hours of 08-01-2017 are one and the same. But in oral evidence of victims they have stated that incident has occurred on 06-01-2017 at 12 mid night. The victims have not stated the exact words spoken by the accused No.1 to 5 to abuse them in flthy language.
C.C.No.27198/2017 12
13. I have perused the evidence of victims with respect to the injuries caused to them. All have stated that the accused No.1 to 5 have assaulted them with wooden stick and hands and caused blood injury. However, as per the case of the prosecution C.W.5 Veeraswamy, C.W.6 Venkatesh and C.W.7 Armugam had only blood injures. Other victims i.e., C.W.1 Manjula, Cw-4 Valliyamma and C.W.8 Shyamala had no injuries and they are also not medically examined nor medical certifcate is produced by the investigating ofcer. So there is contradictions regarding who has assaulted whom and injuries sustained by Cw-1, Cw-4 to 8.
14. Interestingly in the frst information fled on 08- 01-2017 at about 1.00 a.m. C.W.1 has not at all stated that the accused No.3 had tried to outrage her modesty or accused No.3 has molested her sister C.W.8 Shyamala. It is only when C.W.1 Manjula gave representation to Human Rights Commission, the story of molestation and C.C.No.27198/2017 13 trying to outrage the modesty has been narrated. In the statement given before the police CW-1 has stated that the accused No.3 tried to outrage her modesty by saying that " ಏಯ ಬರ ಒಒದದ ಸರ ನನನ ಜಜತ ಮಲಗದ ನನನದ ದದಡಯದವ ಒಒದದ ದನದ ಹಣವನದ ನ ನನದ ನನಡದತತನನ " and molested C.W.8 Shyamala. I have perused the evidence of C.W.1 Manjula and C.W.8 Shyamala who have been examined as P.W.1 and 5 in this case. No where in examination-in-chief P.W.1 Manjula, P.W. 5 Shyamala have stated that the accused No.3 tried to outrage their modesty. P.W.5 has not stated that the accused No.3 has molested her. The version of alleged act changed every time. C.W.1 at the frst instance i.e., at the time of fling frst information has not stated any thing about molestation and outraging her modesty, Later on before the police, in the representation to Human Right Commission and in statement u/s 164 Cr.P.C. before magistrate has stated diferently. Before this court at the time of evidence C.C.No.27198/2017 14 PW-1 and Pw-5 have not at all deposed anything about outraging their modesty.
15. Apart from this as discussed earlier, the victims P.W.1 to 5 have not stated who are the accused who have assaulted them specifcally. The prosecution has seized one wooden stick and according to the victims, all the accused have assaulted them with their hands and wooden stick. Even the prosecution has failed to show the seizure of wooden stick. The prosecution has produced photographs stating that some damages were caused to the vehicle of C.W.1 and to the house of C.W.1. The prosecution has not produced any evidence to show that the house has been damaged by adducing independent witness. From the evidence of P.W.1 to 5 it is clear that neighbors are present at the time of incident. However, the Investigating ofcer has not recorded the statement of any of the neighbors who have witnessed the incident and cited them as witness in this C.C.No.27198/2017 15 case. Only on the basis of evidence of P.W.1 to 5 victims whose evidence is stereo type and they are changing version in frst information, before police and before the court, it cannot be said that the accused have formed an unlawful assembly, assaulted them and outraged the modesty of C.W.1 and C.W.8. The doctor who has given treatment is not examined to prove the wound certifcate and injuries caused to C.W.5, 6 and 7. Apart from this, just because the accused have stated that the accused have gave life threat to them ingredients of ofence punishable under sec.506 of IPC is made out. To attract the ofence punishable under sec. 506 of IPC a fear has to be created in the mind of victims that by the act of accused their life is in danger. Such a thing is not deposed by victims P.W.1 to 5. This being the case, by considering the stereo type evidence, the contradictions with respect to alleged act as stated before the police & before the court and non-examination of doctor is fatal to the case of the prosecution. Therefore, I am of the C.C.No.27198/2017 16 opinion that the prosecution has failed to prove the guilt of the accused No.1 to 4 for the ofence punishable under sec.143, 147, 341, 448, 323, 324, 354, 504, 506 R/w sec.149 of IPC. Accordingly, I answer point No.1 to 9 in the negative.
Point No.10: -
16. In view of discussion and conclusion arrived at point No.1 to 9, accused No.1 to 4 are entitled to be acquitted. Hence I proceed to pass following:
ORDER Acting under Section 248(1) of Cr.P.C. the accused No.1 to 4 are acquitted for the ofence punishable under Section 143, 147, 341, 448, 323, 324, 354, 504, 506 R/w sec.149 of IPC.
The bail and surety bond of the accused No.1 to 4 stand canceled.
M.O.1 to 4 being worth less are ordered to be destroyed after taking the photographs and those photographs are ordered to be kept in split up C.C.No3881/2021.
C.C.No.27198/2017 17 Copy of Judgment and entire records are ordered to be kept in CC No.3881/2021.
(Dictated to the stenographer, transcribed by her, revised and then corrected by me and then pronounced in open court on this the 2 nd day of March 2021).
(Bhat Manjunath Narayan) Ist Addl. CMM., Bengaluru.
ANNEXURE List of witnesses examined for prosecution :-
P.W.1, Smt.Manjula, P.W.2, Smt.Valliyamma, P.W.3, Veeraswamy, P.W.4, Venkatesh, P.W.5, Shyamala, P.W.6, K.Venkatachalamurthy. P.W.7, Shivaputrappa Magod, P.W.8, Narasimhaiah, P.W.9, Rudrappa;
List of exhibits marked for prosecution :-
Ex.P1, Complaint,
Ex.P2, Spot mahazar,
Ex.P3 to
Ex.P6, Photographs,
Ex.P7, First information report,
Ex.P8 to
Ex.P10, Wound certifcates;
C.C.No.27198/2017
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List of material object :
M.O.1, Wooden stick,
M.O.2, Glass pieces,
M.O.3 &
M.O.4, Blood stained clothes;
List of witnesses examined for defence:-
NIL List of documents marked for defence:-
NIL (Bhat Manjunath Narayan) Ist Addl. CMM., Bengaluru.
C.C.No.27198/2017 19 2/3/2021 State by Sr.APP Accused No.1 to 4 C/B For Judgment (Judgment pronounced in the Open Court) ORDER Acting under Section 248(1) of Cr.P.C. the accused No.1 to 4 are acquitted for the ofence punishable under Section 143, 147, 341, 448, 323, 324, 354, 504, 506 R/w sec.149 of IPC.
The bail and surety bond of the accused No.1 to 4 stand canceled.
C.C.No.27198/2017 20 M.O.1 to 4 being worth less are ordered to be destroyed after taking the photographs and those photographs are ordered to be kept in split up C.C.No3881/2021.
Copy of Judgment and entire records are ordered to be kept in CC No.3881/2021.
(Bhat Manjunath Narayan) I Addl. CMM., Bengaluru. C.C.No.27198/2017 21 C.C.No.27198/2017 22