Bangalore District Court
The State Of Karnataka vs No.1 : Santhosha @ Katu on 15 September, 2017
IN THE COURT OF THE LI ADDL. CITY CIVIL &
SESSIONS JUDGE AT BENGALURU CITY. (CCH 52)
Dated this the 15th day of September 2017
PRESENT:
Sri G.D.Mahavarkar, M.A., LL.B (Spl),
M.L. (Lab & Indstrl Rlns & Adm. Laws),
LL.M (Business Laws), M.Phil-in-Law
(Juridical Science)
LI Addl. City Civil & Sessions Judge, Bengaluru City.
S.C.No. 221/2014 (Main-case)
Connected
S.C.No's.1351/2015 & 38/2016 (Clubbed-cases)
S.C.No. 221/2014
Complainant : The State of Karnataka,
Represented by it's
The Sub-Inspector of Police,
L & O -1,
Upparpet Police Station,
Bengaluru - 560 009.
(By Public Prosecutor)
Vs.
Accused No.1 : Santhosha @ Katu,
S/o. Ramalingam,
Aged 19 years,
R/a. No.76, 2nd Stage,
Panchashilanagar,
Nagarabhavi Main Road,
Mudalapalya, Pattegarpalya,
Bengaluru - 560 072.
Accused No.4 : Santhosha @ Sanna,
S/o. Nagaraja,
Aged 20 years,
R/a. 2nd Cross, 3rd Main,
'Kalappa Building',
Near Ambedkar College,
Rajiv Gandhi College Road,
Jnanabharathi,
Bengaluru.
2 SC No.221/2014
Connected
SC No's.1351/2015 & 38/2016
(By Sri T.S.Chandrashekaraiah,
Advocate for A-1)
(By Sri B.H. Chandra, Advocate
for A-4)
S.C.No. 1351/2015
Complainant : The State of Karnataka,
Represented by it's
The Sub-Inspector of Police,
L & O -1,
Upparpet Police Station,
Bengaluru - 560 009.
(By Public Prosecutor)
Vs.
Accused No.5 : Thammaiah @ Bhagane,
(Produced under S/o. Mesthri Thimmaiah,
body-warrant) Aged 30 years,
R/a. No.318, 2nd Cross,
Santhe Maidhana, Bhovi Colony,
Bhadravathi Taluk,
Shivamogga District.
(By Sri K.R. Umesh, Advocate
for accused No.5)
S.C.No. 38/2016
Complainant : The State of Karnataka,
Represented by it's
The Sub-Inspector of Police,
L & O -1,
Upparpet Police Station,
Bengaluru - 560 009.
(By Public Prosecutor)
Vs.
Accused No.3 : Ravikumar @ Gunda,
(Produced under S/o. Late Selvaraj,
body-warrant) Aged 19 years,
R/a. No.17, 13th Cross,
Magadi Road,
3 SC No.221/2014
Connected
SC No's.1351/2015 & 38/2016
Bengaluru City.
(By Sri K.R. Umesh, Advocate
for accused No.3)
1 Date of commission of offence 09.12.2013
2 Date of report of offence 09.12.2013
3 Date of arrest of the accused A-1 & A-3 = 09.12.2013
A-4 & A-5 are produced
under Body-warrant. (in
judicial-custody in some-
other-cases)
4 Date of release of accused on bail 18.01.2014 = A-1
13.03.2014 = A-3
12.03.2014 = A-4
12.03.2014 = A-5
5 Date of commencement of evidence 04.12.2015
6 Date of closing of evidence 18.02.2016
7 Name of the complainant Sharanappa I Hadli
8 Offences complained of Sections 399 & 402 IPC
9 Date of pronouncement of judgment 15.09.2017
10 Opinion of the Judge Guilt of the accused-
persons not proved
11 Order of Sentence As per final-order
COMMON-JUDGMENT
This is an original charge-sheet at SC No.221/2014, filed by
the Sub-Inspector of Police, L & O -1, Upparpet police-station,
Bengaluru City, leveling the charges against the above said
accused-persons for the commission of the offences punishable
U/Secs.399 & 402 of IPC in the committal IX ACMM Court,
Bengaluru City, in it's CC No.2799/2014 in connection with the
Upparpet P.S. Cr.No.434/2013.
2. These are the split-up charge-sheets at SC No.1351/2015
and SC No.38/2016 filed by the Sub-Inspector of Police, L & O -1,
Upparpet police-station, Bengaluru City, leveling the charges
against the above said accused No.5 and the accused No.3,
4 SC No.221/2014
Connected
SC No's.1351/2015 & 38/2016
respectively, for the commission of the offences punishable
U/Secs.399 & 402 of IPC in the instant-court, Bengaluru City, in
connection with the Upparpet P.S. Cr.No.434/2013.
3. These SC No's.1351/2015 & 38/2016 against the accused
No's.5 & 3, respectively, having been split-up from the original SC
No.221/2014 for the same and similar-offences, these SC
No's.1351/2015 & 38/2016 have been clubbed-with original SC
No.221/2014 as per the order-sheets dated 11.07.2017 &
03.02.2016 of SC No's.1351/2015 & 38/2016, respectively, for the
purpose of common-evidence and for disposal on merits by way of
common-judgment.
4. The epitomized-facts of the allegations that are leveled
against the above said accused-persons in the charge-sheet run
thus:
On 09.12.2013, at about 0.45 in the midnight, at Y.
Ramachandra Road, near K.D.Circle, besides the compound of
Petrol-bunk, within the limits of Upparpet police-station,
Bengaluru City, the accused No's.1 to 5 possessing the deadly-
weapons like steel-knife, long, clubs and a packet full of chilly-
powder and etc., had unlawfully assembled and were hatching a
plan to commit dacoity of the persons in the said area and thereby,
the accused-persons committed the offences punishable
U/Secs.399 & 402 of IPC.
5 SC No.221/2014
Connected
SC No's.1351/2015 & 38/2016
5. After filing the charge-sheet, cognizance of the offences
punishable U/Secs.399 & 402 of IPC was taken by IX ACMM
Court, Bengaluru City.
On moving for bail, the accused No.1 has been released
on bail, as per the order dated 13.01.2014 in
Crl.Misc.No.6804/2013 of the Hon'ble XXIV Addl. City Civil &
Sessions Court, Bengaluru.
On moving for bail, the accused No.4 has been released
on bail, as per the order dated 12.03.2014 by this court.
The accused No's.5 & 3 in SC No's.1351/2015 &
38/2016, respectively, being in judicial-custody in some-other-
cases, they were secured under body-warrant by this court,
accordingly.
Copies of the charge-sheet and other-documents referred
to U/Sec.173 of Cr.P.C. were supplied to the accused-persons, by
the IX ACMM Court, Bengaluru City, in contemplation with the
provisions U/Sec.207 of Cr.P.C. and thereafter committed the case
to this court in contemplation with the provisions U/Sec.209 of
Cr.P.C.
After hearing both-sides, charges for the offences
punishable U/Secs.399 & 402 of IPC were framed, and the same
were read-over, and explained to the accused-persons in the
vernacular best-known to them.
6 SC No.221/2014
Connected
SC No's.1351/2015 & 38/2016
The accused-persons have denied the same and pleaded
not guilty and further claimed to be tried.
6. In order to prove the guilt against the accused-persons, the
prosecution has adduced the evidence of the witnesses, in all as
PWs.1 to 3, and placed it's reliance-on the documents marked at
Exs.P.1 to P.9, P.1(a), P.1(b), P.2(a), P.2(b), P3(a), P.4(a) to P.6(a) &
P.7(a) to P.9(a), and the material-objects marked on behalf of the
prosecution are at MO No's.1 to 5.
7. After the prosecution's-evidence was closed, as the
incriminating-circumstances were arising-out of the evidence of the
prosecution-witness, the statements of the accused-persons under
the provisions U/Sec.313 of Cr.P.C., were recorded.
8. I have heard the arguments advanced by both the learned
Public Prosecutor for the State as-well-as the respective learned
counsels for the accused-persons.
9. Now, the points that arise for my consideration are:
(1) Whether the prosecution proves beyond the
shadow of all the reasonable-doubts that, on
09.12.2013, at about 0.45 in the midnight, at Y.
Ramachandra Road, near K.D.Circle, besides the
compound of Petrol-bunk, within the limits of
Upparpet police station, Bengaluru City, the
accused No's.1 to 5 possessing the deadly-weapons
like steel-knife, long, clubs and a packet full of
chilly-powder and etc., got prepared themselves to
commit dacoity of the valuable-goods of the persons
7 SC No.221/2014
Connected
SC No's.1351/2015 & 38/2016
in the said area and thereby, the accused-persons
committed the offence punishable U/Sec.399 of
IPC?
(2) Whether the prosecution further proves
beyond the shadow of all the reasonable-doubts
that, on the above said date, time and place, the
accused-persons have unlawfully assembled and
hatched a plan and were preparing for the purpose
of committing the dacoity, and thereby, the accused-
persons committed the offence punishable
U/Sec.402 of IPC?
(3) What order?
10. My findings on the above said points are as under:
Point No.1 .. In the Negative.
Point No.2 .. In the Negative.
Point No.3 .. As per the final-order,
for the following:
REASONS
11. Point No's.1 & 2:- To avoid reiteration of material
available in hand and to appreciate the evidence in better-position,
I hereby take-up Point No's.1 & 2 together admixingly for
discussion.
12. It is the specific-tale of the prosecution that, on
09.12.2013, at about 0.45 in the midnight, at Y. Ramachandra
Road, near K.D.Circle, besides the compound of Petrol-bunk,
within the limits of Upparpet police station, Bengaluru City, the
accused No's.1 to 5 possessing the deadly-weapons like steel-knife,
long, clubs and a packet full of chilly-powder and etc., had
8 SC No.221/2014
Connected
SC No's.1351/2015 & 38/2016
unlawfully assembled and were hatching a plan to commit dacoity
of the persons in the said area and thereby, the accused-persons
committed the offences punishable U/Secs.399 & 402 of IPC.
13. The absolute burden of proving the alleged imputations
against the accused-persons is casted-upon the prosecution alone
in pursuance with the provisions under the Indian Evidence Act,
1872.
14. To substantiate it's case, the prosecution has got
examined in all the witnesses as PWs.1 to 3, in which CW.1 is
examined as PW.1 who is the PSI under whose monitorship the
raid has been conducted; CW.8 is examined as PW.3 who is the
police-constable having accompanied the CW.1 for the raid
purpose and CW.10 is examined as PW.2 who is the complete-
investigating-officer, and thereby, the prosecution has placed it's
reliance-on the documentations marked at Exs.P.1 to P.9, in which
Ex.P.1 is the spot/seizure-mahazar, Ex.P.1(a) is the signature of
the PW.1, Ex.P.1(b) is the signature of the PW.2, Ex.P.2 is the
report of the PW.1, Ex.P.2(a) is the signature of the PW.1, Ex.P.2(b)
is the signature of the PW.2, Ex.P.3 is the First Information Report,
Ex.P.3(a) is the signature of the PW.2, Ex.P.4 is the self-voluntary-
statement of the accused No.1, Ex.P.4(a) is the signature of the
CW.10/PW.2, Ex.P.5 is the self-voluntary-statement of the accused
No.2, Ex.P.5(a) is the signature of the CW.10/PW.2, Ex.P.6 is the
self-voluntary-statement of the accused No.3, Ex.P.6(a) is the
9 SC No.221/2014
Connected
SC No's.1351/2015 & 38/2016
signature of the CW.10/PW.2, Ex.P.7 is the self-voluntary-
statement of the accused No.4, Ex.P.7(a) is the signature of the
CW.10/PW.2, Ex.P.8 is the additional-self-voluntary-statement of
the accused No.2, Ex.P.8(a) is the signature of the CW.10/PW.2,
Ex.P.9 is the self-voluntary-statement of the accused No.3 and
Ex.P.9(a) is the signature of the CW.10/PW.2, and the material-
objects marked on behalf of the prosecution are at MOs No.1 to 5,
in which MO No.1 is the iron-knife, MO No.2 is the packet full of
chilly-powder, MO No's.3 & 4 are the wooden-clubs and MO No.5 is
the iron-rod.
15. On meticulous-perusal of the entire-depositions of the
PWs.1 to 3, it is clear that the PW.1 being the PSI as-well-as the
SHO then in Upparpet police-station, under whose monitorship the
raid has been conducted, has endeavored to depose in favour of
the prosecution in his chief-examination to the effect that, on
09.12.2013 in the night at about 12.45 while he was on duty in the
police-station, he received a phone-call as the information that
about 5 persons had gathered unlawfully in K.D.Circle, near Y.
Ramachandra Road of Gandhinagar, Bengaluru, holding the
deadly-weapons with an intention to commit the dacoity on the
passersby, by assaulting them and accordingly, they were
preparing for the same, wherefore, he immediately got alert and
secured his police-staff/CWs.4 to 8, along-with the 2
panchas/CWs.2 & 3, by issuing the notices and explained
10 SC No.221/2014
Connected
SC No's.1351/2015 & 38/2016
regarding the situation of the raid and thereafter, at about 1.15 in
the night, they left the police-station and reached the spot at about
1.30 in the night and watched for a while from a distance and
thereafter, himself, CWs.2 to 8 at-once raided on the said 5
persons who had gathered in a suspicious-manner for committing
the dacoity on the passersby there-from the said spot and
thereafter, himself and CW.4/Sathish caught the accused
No.1/Santhosh @ Katu who was possessing a knife,
CW.5/Anandkumar caught the accused No.2/Chethan @ Shabda
@ Dankanachari who was possessing a packet full of chilly-
powder, CW.6/Akram caught-hold the accused No.3/Ravikumar @
Gunda who was possessing a wooden-club and 2 other accused
No's.4 & 5 ran-away there-from, by throwing the deadly-weapons
which were in their possession, such as, an iron-rod and a
wooden-club, though police-staff, namely, CW.7/Santhosh and
CW.8/Arif Pasha chased them. The names of the accused No's.4 &
5 came to be known through the accused No's.1 to 3, as Santhosh
@ Sanna and Thammaiah @ Bhagini, respectively. Thereafter, he
seized the said deadly-weapons which are marked as per MO
No's.1 to 5, namely, one-knife, a packet full of chilly-powder, 2
wooden-clubs and one-iron-rod, respectively, under a raid-cum-
seizure-mahazar, in presence of the witnesses/CWs.2 & 3 between
2.00 & 3.15 in the midnight, as per Ex.P.1, on which his signature
is as per Ex.P.1(a), and obtained the signatures of the CWs.2 & 3,
11 SC No.221/2014
Connected
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thereon, and thereafter, he brought the nabbed accused No's.1 to 3
with the seized MO No's.1 to 5 to the police-station and handed-
over them to the then SHO/CW.10 with a detailed-report-cum-
complaint as per Ex.P.2, on which his signature is as per Ex.P.2(a).
He has identified the accused No's.1 to 3 in the open-court.
16. Further, the PW.3 being the police-constable having
accompanied the CW.1 for the raid purpose, has also reiterated the
similar-versions of the PW.1 in his chief-examination, and further
identified the accused No's.1 to 3 and also he is capable to identify
the accused No's.4 & 5, if they are shown to him.
17. But, it is significant to note that, the PW.1 has stated in
his chief-examination that, on 09.12.2013 in the night when he
was on duty in the police-station at about 12.45, he received the
credible-information by way of a phone-call. The same-version has
also been reiterated by the PW.3 in his chief-examination. But,
unfortunately, in the cross-examination by the learned counsel for
the accused, the PW.3 has stated in an indifferent-way to the effect
that when the CW.1/PW.1 phoned him, he was alone in Anandarao
Circle. According the versions of the PW.1, he secured his police-
staff/CWs.4 to 8 which clearly goes to indicate that the CWs.4 to 8
were not readily available in the police-station as-soon-as he
received the alleged credible-information. Therefore, as per the
very-version of the PW.3 in his cross-examination, though he was
alone in Anandarao Circle, his own-version is emanating in-
12 SC No.221/2014
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SC No's.1351/2015 & 38/2016
contravention with his own-version in his chief-examination as-
well-as the version of the PW.1 in his chief-examination. It is
pertinent to note that, the PW.3 has admitted that as per the
police-manual, for patrolling purpose, two-officials together will be
deputed. It is no doubt, the PW.3 has endeavored to explain
further that there was a short/deficiency of hands, but the said
explanation is not acceptable-one because, when he was
questioned by the learned counsel for the accused regarding the
availability of Home-guard, the PW.3 has disclosed that even the
Home-guard was not available. This particular explanation of the
PW.3 appears to be not the reasonable and genuine-one.
18. It is further significant to note that, as per the very-
versions of the PWs.1 & 3 in their respective chief-examinations,
the said alleged incident is taken place on 09.12.2013 in the
midnight. But, according to the charge-sheet and the tale of the
prosecution, the alleged incident in respect of which the raid-cum-
mahazar has been drawn, as per Ex.P.1 is in the absolute
morning-hours of 09.12.2013 but not in the night on 09.12.2013.
Therefore, the records placed before this court, along-with the
charge-sheet are absolutely despairing with the said versions of the
PWs.1 & 3.
19. To put-into simple-terms, the very-versions of the PWs.1
& 3 are absolutely emanating in-contravention with each-other
with regard to the presence of the PW.3 at the time of the receipt of
13 SC No.221/2014
Connected
SC No's.1351/2015 & 38/2016
credible-information by the PW.1 on phone and also contradiction
between the very-versions of the PWs.1 & 3 with the documents
placed on record by the investigating-officer and prosecution's-side
with regard to the date and time of the alleged incident and also
the alleged raid-cum-seizure-mahazar, wherefore, they create the
absolute-doubt in the mind of this court regarding the very-
genuinity of the alleged offence as against the accused-persons.
Therefore, the depositions of the PWs.1 & 3 do-not deserve for
reliance absolutely and independently, as they are prevailing with
the plethora of contradictions creating the suspicion in the mind of
this court.
20. Further, the PW.2 being the complete-investigating-
officer has endeavored to depose in favour of the prosecution in his
chief-examination to the effect that, on 09.12.2013 in the early-
morning-hours, the CW.1 appeared before him along-with the
accused No's.1 to 3, to whom he has identified in the open-court,
by name Santhosh, Chethan and Ravikumar, along-with the raid-
cum-seizure-mahazar in respect of the seizure of the MO No's.1 to
5 and produced before him along-with a detailed-complaint/report
as per Ex.P.2, on which his signature is as per Ex.P.2(b), basing-on
which he registered the Cr.No.434/2013 for the offences
punishable under Sections 399 & 402 of IPC, and sent the
original-First Information Report as per Ex.P.3, on which his
signature is as per Ex.P.3(a) with the original-complaint/report of
14 SC No.221/2014
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the PW.1, as per Ex.P.2 to the concerned court and the copies of
the same to his higher-authorities for information. Thereafter, by
following the rules, he arrested the accused No's.1 to 3 and
recorded their self-voluntary-statements as per Exs.P.4 to P.6, on
which his signatures are as per Exs.P.4(a) to P.6(a), and on the
same-day he produced the said accused No's.1 to 3 before the
court and thereafter, he took them to the police-custody till
16.12.2013 with the permission of the court as they were required
for inquiry in connection with the cases pending for investigation
in Basaveshwara Nagar and Jnanabharathi police-stations.
Thereafter, on 10.12.2013, he recorded the additional-self-
voluntary-statements of the accused No's.1 to 3 as per Exs.P.7 to
P.9, on which his signatures are as per Exs.P.7(a) to P.9(a) and
thereafter, on 15.12.2013 at about 6.45 p.m. in the evening, he
arrested the accused No.4 and in view of the inquiry of the accused
No's.1 to 3 having completed, on 16.12.2013, he produced the
accused No's.1 to 4 before the court and on the same-day as the
accused No.4 was required for further-investigation in connection
with the cases pending for investigation in Basaveshwara Nagar
and Jnanabharathi police-stations, he took the accused No.4 to
the police-custody till 21.12.2013 with the permission of the court
and thereafter, on completion of the inquiry of the accused No.4
also, he again produced the said accused No.4 before the court on
21.12.2013. On 24.01.2014, he arrested the accused
15 SC No.221/2014
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No.5/Thammaiah as per the rules and produced before the court.
Thereafter, on 03.02.2014, on completing the investigation against
the said accused No's.1 to 5, he submitted the charge-sheet
against them. Even, he has identified the accused No's.1 to 4 in
the open-court and MO No's.1 to 5 and also further stated that he
is capable of identifying the accused No.5, if he is shown to him.
21. Though the learned counsel for the accused has
endeavored to cross-examine the PW.2, nothing contrary has been
elicited through the mouth of the PW.2 except making the denial
suggestions which have been palpably denied by him.
22. During the time of trial, despite having issued sufficient-
process to the CWs.2 to 7 & 9, they have utterly failed to turn-up
and depose in favour of the prosecution in the witness-box before
the court, wherefore, in the lack of substantial-grounds, this court
was inclined to reject the prayer of the learned Public Prosecutor
and dropped the CWs.2 to 7 & 9 and closed the prosecution's-side.
23. It is significant to note that, non-examination of the
CWs.2 to 7 & 9 is absolutely fatal to the prosecution. Apart from
the same, except the PWs.1 to 3, no other-witnesses have got
examined by the prosecution. Neither any independent-witnesses
have been cited as witnesses in the charge-sheet by the
investigating-officer, nor examined in favour of the prosecution.
Apart from the same, the very-depositions of the PWs.1 & 3 are
absolutely emanating in-contravention with each-other creating
16 SC No.221/2014
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the fatal-doubts in the mind of this court regarding the very-crux
of the prosecution's-tale, wherefore, the depositions of the PWs.1 &
3 do-not deserve to be believed and relied-upon, since they are
prevailing with the plethora of fatal-contradictions and major-
discrepancies, discrepanting the very-crux of the prosecution's-
tale. Merely the very-deposition of the PW.2 will not suffice to
arrive-at a conclusion to target the accused-persons for the
conviction, coupled-with Exs.P.1 to P.9 until they are well-
established thoroughly and corroboratively. In overall, it is crystal
clear on the face of record that the entire-case of the prosecution is
suffering with the lack of substantial and satisfactory-evidence of
material in favour of it's case, wherefore, it creates a fatal-
suspicion in the mind of this court with respect to the very-crux of
the prosecution's-tale, wherefore, the instant-accused No's.1, 4, 5
& 3, respectively, certainly deserve for the benefit of the same.
24. To put-into simple-terms, merely basing-on the very-
deposition of the PW.2 coupled-with Exs.P.1 to P.9, this court
cannot arrive-at a conclusion to target the instant-accused No's.1,
4, 5 & 3, respectively, for the conviction, in the lack of chunk of
material on record in favour of the prosecution.
25. Therefore, under all-these-circumstances, this court is of
the clear-opinion that, the entire-case of the prosecution is
prevailing with the major-discrepancies, discrepanting the entire-
case of the prosecution, creating the fatal-doubts in the mind of
17 SC No.221/2014
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this court, without any alimentation. Therefore, the benefit of such
doubts will have to be given to the accused-persons by virtue of a
well-settled principle of criminal-jurisprudence. Under all-these-
circumstances, even it is highly impossible and improbable to
ameliorate regarding the alleged imputations against the accused
No's.1, 4, 5 & 3, respectively. Therefore, in view of all-these-
reasons, this court is of the clear-opinion that, the prosecution has
utterly failed to establish and prove the Point No's.1 & 2 beyond
the shadow of all the reasonable-doubts. Hence, this court is
inclined to answer Point No's.1 & 2 in the 'Negative'.
26. Point No.3:- For the reasons discussed at much-length
while answering the Point No's.1 & 2 in the Negative, herein before
supra, this court is inclined to proceed to pass the following:
O R D E R
The prosecution has utterly failed to prove the guilt against the Accused No's.1, 4, 5 & 3, respectively, and therefore, the Accused No's.1, 4, 5 & 3, respectively, are found not guilty for having committed the offences U/Secs.399 & 402 of IPC.
In exercise of the powers conferred-upon me U/Sec.235(1) of Cr.P.C., I hereby acquit the instant- Accused No.1 in SC No.221/2014, by name, Santhosha @ Katu, S/o. Ramalingam, aged 19 years, residing at No.76, 2nd Stage, Panchashilanagar, Nagarabhavi Main Road, Mudalapalya, Pattegarpalya, Bengaluru - 560 072; the instant-Accused No.4 in SC No.221/2014, by name, Santhosha @ Sanna, S/o. Nagaraja, aged 20 years, 18 SC No.221/2014 Connected SC No's.1351/2015 & 38/2016 residing at 2nd Cross, 3rd Main, 'Kalappa Building', near Ambedkar College, Rajiv Gandhi College Road, Jnanabharathi, Bengaluru; the instant-Accused No.5 in split-up SC No.1351/2015, by name, Thammaiah @ Bhagane, S/o. Mesthri Thimmaiah, aged 30 years, residing at No.318, 2nd Cross, Santhe Maidhana, Bhovi Colony, Bhadravathi Taluk, Shivamogga District; and the instant-Accused No.3 in Split-up SC No.38/2016, by name, Ravikumar @ Gunda, S/o. Late Selvaraj, aged 19 years, residing at No.17, 13th Cross, Magadi Road, Bengaluru City, and set them to liberty forthwith in these-respective-cases.
The instant-Accused No's.1 & 4 in SC No.221/2014 are hereby discharged of their bail-bonds, along-with their sureties.
The instant-Accused No.5 in split-up SC No.1351/2015, by name, Thammaiah @ Bhagane, S/o. Mesthri Thimmaiah, aged 30 years, residing at No.318, 2nd Cross, Santhe Maidhana, Bhovi Colony, Bhadravathi Taluk, Shivamogga District; and the instant-Accused No.3 in Split-up SC No.38/2016, by name, Ravikumar @ Gunda, S/o. Late Selvaraj, aged 19 years, residing at No.17, 13th Cross, Magadi Road, Bengaluru City, shall be released, in the instant-respective-cases alone, if they are not required in any other-cases.
The seized-properties marked at MO No's.1 to 5, namely, one-iron-knife, a packet full of chilly-powder, two-wooden-clubs and one-iron-rod are hereby ordered to be retained, maintained and preserved by the concerned, wherever they are in the same-position, till the disposal of the other-case pending against the co-accused-person of the instant-Accused No's.1, 4, 5 & 3, respectively, and in 19 SC No.221/2014 Connected SC No's.1351/2015 & 38/2016 case if no any other-case is pending against any other co- accused-person, then the said MO No's.1 & 5 are hereby ordered to be confiscated to the Exchequer of the State Government after the efflux of the appeal-period and MO No's.2, 3 & 4 being worthless, are hereby ordered to be destroyed after the efflux of the appeal-period.
The first-copy of this judgment shall be kept in the case-file of SC No.221/2014, second-copy shall be kept in the case-file of split-up SC No.1351/2015 and the third- copy shall be kept in the case-file of split-up SC No.38/2016.
(Dictated to the Judgment Writer. transcribed and typed by him and after corrections, printout taken and then pronounced and signed by me in the open Court, on this the 15th day of September, 2017) (G.D.Mahavarkar) LI Addl. City Civil & Sessions Judge, Bengaluru City.
APPENDIX List of the witnesses examined for the prosecution-side in SC No.221/2014, SC No.1351/2015 & SC No.38/2016:
PW.1 Sharanappa PW.2 Krishnakumar PW.3 Mohammed Arif Pasha
List of documents exhibited for the prosecution-side in SC No.221/2014, SC No.1351/2015 & SC No.38/2016:
Ex.P.1 Spot/seizure-mahazar.
Ex.P.1(a) Signature of the PW.1.
Ex.P.1(b) Signature of the PW.2.
Ex.P.2 Report of the PW.1.
Ex.P.2(a) Signature of the PW.1.
Ex.P.2(b) Signature of the PW.2.
Ex.P.3 First Information Report.
Ex.P.3(a) Signature of the PW.2.
20 SC No.221/2014
Connected
SC No's.1351/2015 & 38/2016
Ex.P.4 Self-voluntary-statement of the accused No.1.
Ex.P.4(a) Signature of the CW.10/PW.2.
Ex.P.5 Self-voluntary-statement of the accused No.2.
Ex.P.5(a) Signature of the CW.10/PW.2.
Ex.P.6 Self-voluntary-statement of the accused No.3.
Ex.P.6(a) Signature of the CW.10/PW.2.
Ex.P.7 Self-voluntary-statement of the accused No.4.
Ex.P.7(a) Signature of the CW.10/PW.2.
Ex.P.8 Additional-self-voluntary-statement of the accused
No.2.
Ex.P.8(a) Signature of the CW.10/PW.2.
Ex.P.9 Self-voluntary-statement of the accused No.3.
Ex.P.9(a) Signature of the CW.10/PW.2.
List of material objects marked for the prosecution-side in SC No.221/2014, SC No.1351/2015 & SC No.38/2016:
MO No.1 One-iron-knife. MO No.2 Packet full of chilly-powder. MO No's.3 & 4 Two-wooden-clubs. MO No.5 One Iron-rod.
List of witnesses examined for the defence-side in SC No.221 /2014, SC No.1351/2015 & SC No.38/2016:
- NIL -
List of documents exhibited for the defence-side in SC No.221/2014, SC No.1351/2015 & SC No.38/2016:
- NIL -
LI Addl. City Civil & Sessions Judge, Bengaluru City.21 SC No.221/2014
Connected SC No's.1351/2015 & 38/2016 (Judgment pronounced in the open-court. Operative-portion of the same is extracted as under) ORDER The prosecution has utterly failed to prove the guilt against the Accused No's.1, 4, 5 & 3, respectively, and therefore, the Accused No's.1, 4, 5 & 3, respectively, are found not guilty for having committed the offences U/Secs.399 & 402 of IPC.
In exercise of the powers conferred-upon me U/Sec.235(1) of Cr.P.C., I hereby acquit the instant- Accused No.1 in SC No.221/2014, by name, Santhosha @ Katu, S/o. Ramalingam, aged 19 years, residing at No.76, 2nd Stage, Panchashilanagar, Nagarabhavi Main Road, Mudalapalya, Pattegarpalya, Bengaluru - 560 072; the instant-Accused No.4 in SC No.221/2014, by name, Santhosha @ Sanna, S/o. Nagaraja, aged 20 years, residing at 2nd Cross, 3rd Main, 'Kalappa Building', near Ambedkar College, Rajiv Gandhi College Road, Jnanabharathi, Bengaluru; the instant-Accused No.5 in split-up SC No.1351/2015, by name, Thammaiah @ Bhagane, S/o. Mesthri Thimmaiah, aged 30 years, residing at No.318, 2nd Cross, Santhe Maidhana, Bhovi Colony, Bhadravathi Taluk, Shivamogga District; and the instant-
Accused No.3 in Split-up SC No.38/2016, by name, Ravikumar @ Gunda, S/o. Late Selvaraj, aged 19 years, residing at No.17, 13th Cross, Magadi Road, Bengaluru City, and set them to liberty forthwith in these- respective-cases.
The instant-Accused No's.1 & 4 in SC No.221/2014 are hereby discharged of their bail-bonds, along- with their sureties.
The instant-Accused No.5 in split-up SC No.1351/2015, by name, Thammaiah @ Bhagane, S/o. Mesthri Thimmaiah, aged 30 years, residing at 22 SC No.221/2014 Connected SC No's.1351/2015 & 38/2016 No.318, 2nd Cross, Santhe Maidhana, Bhovi Colony, Bhadravathi Taluk, Shivamogga District; and the instant-
Accused No.3 in Split-up SC No.38/2016, by name, Ravikumar @ Gunda, S/o. Late Selvaraj, aged 19 years, residing at No.17, 13th Cross, Magadi Road, Bengaluru City, shall be released, in the instant-respective- cases alone, if they are not required in any other-cases.
The seized-properties marked at MO No's.1 to 5, namely, one-iron-knife, a packet full of chilly-powder, two- wooden-clubs and one-iron-rod are hereby ordered to be retained, maintained and preserved by the concerned, wherever they are in the same-position, till the disposal of the other-case pending against the co- accused-person of the instant-Accused No's.1, 4, 5 & 3, respectively, and in case if no any other-case is pending against any other co-accused-person, then the said MO No's.1 & 5 are hereby ordered to be confiscated to the Exchequer of the State Government after the efflux of the appeal-period and MO No's.2, 3 & 4 being worthless, are hereby ordered to be destroyed after the efflux of the appeal-period.
LI Addl. City Civil & Sessions Judge, Bengaluru City.