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Bangalore District Court

Station vs Persons Are on 13 January, 2023

                                1                C.C.No.11749/2022




KABC030306762022




                          Presented on : 18-04-2022
                          Registered on : 18-04-2022
                          Decided on : 13-01-2023
                          Duration      : 0 years, 8 months, 25 days



       IN THE COURT OF THE II ADDITIONAL CHIEF
      METROPOLITAN MAGISTRATE, BENGALURU CITY

             Dated this 13th day of January 2023

      PRESENT : SRI.VEDAMOORTHY B.S. B.A.(L), LL.B.
 II Additional Chief Metropolitan Magistrate, Bengaluru City

        JUDGMENT UNDER SECTION 355 OF Cr.P.C.

 1.

Sl. No. of the case C.C.No.11749/2022 Date of commission of the

2. 26.10.2020 offence (As per F.I.R.) Subramanyapura Police

3. Name of the complainant Station, Bengaluru City

4. Name of the accused 1. Madesha K., S/o Krishnappa, Aged about 35 years, R/at No.917, 2nd Cross, Ramachandrapura, Arehalli Main Road, Bengaluru Rural District.

2. Suresh Potha, S/o Late Puttappa, Aged about 48 years, R/at Madivala Village, Marasuru Post, Kasaba Hobli, Anekal Taluk, Bengaluru City.

3. Manjunath K., S/o Krishnappa, Aged about 30 years, R/at No.917, 2nd Cross, Ramachandrapura, Arehalli Main Road, Bengaluru Rural District.

Sections 109, 354A, 354C, The offences complained 504, 506 and 509 R/w

5.

    of                      Section 34 of the Indian Penal
                                        Code
 6. Plea of the accused                Pleaded not guilty
                                     Accused persons are
 7. Final order
                                          acquitted
 8. Date of order                         13.01.2023

The Police Sub­Inspector of Subramanyapura Police Station, Bengaluru City has filed Police Report against the above named accused persons alleging that they have committed the offences punishable under Sections 109, 3 C.C.No.11749/2022 354A, 354C, 504, 506 and 509 R/w Section 34 of the Indian Penal Code.

2. The Prosecution case in brief is that accused No.1 was breaking eggs, squeezing the lemon and by consuming the alcohol was abusing in filthy languages on the public road at Ramachandrapura Village within the territorial jurisdiction of Subramanyapura Police Station, Bengaluru City with an intention to breach public peace. When CW1 asked it, he abused her in filthy languages and threatened her stating that why she is developing enmity with him; the leaders and rowdies are on his behalf; she has to act as he says; she has to ask him for any work to be done in the area and money has to be given to him for water, electricity and sewerage connections of the houses of that area. He was also harassing CW1 mentally stating that he focused camera towards her house; to close her saree properly while she was washing the vessels and two eyes are not sufficient to see her while she was washing the cloths. Accused No.2 and 3 were instigating accused No.1 to commit the above offences. Thereby, the 4 C.C.No.11749/2022 accused persons have has committed the offences punishable under Sections 109, 354A, 354C, 504, 506 and 509 R/w Section 34 of the Indian Penal Code.

3. Based on the First Information of CW1, the crime was registered in Crime No.9/2021 at Subramanyapura Police Station. On 19.01.2021, accused No.1 was arrested and produced before this Court. On the same day, he was released on bail. During investigation, accused No.1 and 3 were on bail. On completion of the investigation, the Police Sub­Inspector of Subramanyapura Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 109, 354A, 354C, 504, 506 and 509 R/w Section 34 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused persons. They have appeared before this Court. The copies of the Police Report and other prosecution papers are furnished to the accused persons under Section 207 of Cr.P.C. After hearing, since there were grounds for presuming that the 5 C.C.No.11749/2022 accused persons have committed offences triable by this Court, charges for the offences punishable under Sections 109, 354A, 354C, 504, 506 and 509 R/w Section 34 of the Indian Penal Code have been framed and read over to them in Kannada language. They have pleaded not guilty and claims to be tried.

4. To prove the charges framed against the accused persons, the prosecution has produced the oral evidences of PW1 and the documentary evidences in Ex.P1 and Ex.P2. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witnesses against the accused persons, the examination of the accused persons under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for the accused persons. Perused the materials available on record.

5. The points for determination are; 6 C.C.No.11749/2022

1. Whether prosecution has proved the offences charged against the accused persons for the offences punishable under Sections 109, 354A, 354C, 504, 506 and 509 R/w Section 34 of the Indian Penal Code beyond reasonable doubt?

2. What order or sentence?

6. My answers to the above points are as follows:

           Point No.1 :    In the Negative,
           Point No.2 :    As per final order for the following;

                          REASONS

7. POINT No.1 :­ In order to prove the charges leveled against the accused persons, out of 8 witnesses cited in the Police Report by the Investigation Officer, the prosecution has produced the oral evidences of only one witness before this Court as PW1. PW1 Shanthamma is the first informant, injured and the mahazar witness. The prosecution has also produced the documentary evidences Ex.P1 and Ex.P2. Among them, Ex.P1 is the First Information and Ex.P2 is the Spot Mahazar.

8. As per the case of the prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.9/2021 and on investigation, since, there are evidences collected by the Investigation Officer to prosecute the accused persons for the offences punishable under Sections 109, 354A, 354C, 504, 506 and 509 R/w Section 34 of the Indian Penal Code, the Police Report was filed. In the First Information ­ Ex.P1, there are statements of PW1 with regard to the alleged incident committed by the accused persons. But, PW1 during her examination­in­chief has deposed that no quarrel was taken place between her and the accused persons; as there were some petty clashes between her and the accused persons, she gave complaint against the accused persons as per Ex.P1; she does not know its contents; the police have not conducted any Mahazar in her presence; she does not know the contents of Ex.P2; she signed Ex.P2 at Police Station; she has not obtained any treatment at hospital. She has been considered as hostile witness and cross­examined at the request of the prosecution. During cross­examination, 8 C.C.No.11749/2022 she has denied the contents of Ex.P1; she gave it and the mahazar conducted at the place of incident as per Ex.P2 in her presence. Nothing has been elicited in her cross­ examination supporting the case of the prosecution.

9. On perusal of the above evidences, it appears that the First Informant and one of the injured witness PW1 has deposed not supporting the case of the prosecution. She has deposed in her cross­examination that she and the accused persons have compromised the matter. Therefore, if the evidences of the other prosecution witnesses are recorded, no purpose will be served. For this reason, the evidences of the other prosecution witnesses are dropped. Under these circumstances, I am holding that the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 109, 354A, 354C, 504, 506 and 509 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.

10. POINT No.2 :­ For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 109, 354A, 354C, 504, 506 and 509 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Therefore, the accused persons are not found guilty for the aforesaid offences charged against them. In the result, I proceed to pass the following;

ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 109, 354A, 354C, 504, 506 and 509 R/w Section 34 of the Indian Penal Code.

Their bail bonds executed by the accused persons, the surety bond of the surety of accused No.1 and the cash surety furnished by accused No.3 will be in force till appeal period and thereafter, it shall be canceled.

(Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 13.01.2023) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.

ANNEXURE Witnesses Examined on behalf of Prosecution :­ PW1 : Shanthamma.

Documents marked on behalf of Prosecution :­ Ex.P1 : First Information, Ex.P1(a) : Signature, Ex.P2 : Spot Mahazar, Ex.P2(a) : Signature.

Material objects marked on behalf of Prosecution :­ NIL Witnesses Examined on behalf of the accused :­ NIL Documents marked on behalf of the accused :­ NIL 11 C.C.No.11749/2022 (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.

13.01.2023 Judgment pronounced in open Court vide separate order.

ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 109, 354A, 354C, 504, 506 and 509 R/w Section 34 of the Indian Penal Code.

Their bail bonds executed by the accused persons, the surety bond of the surety of accused No.1 and the cash surety furnished by accused No.3 will be in force 12 C.C.No.11749/2022 till appeal period and thereafter, it shall be canceled.

(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.