Bangalore District Court
Station vs Persons Are on 28 July, 2022
C.C.No.5135/2020
KABC030194272020
Presented on : 16-03-2020
Registered on : 16-03-2020
Decided on : 28-07-2022
Duration : 2 years, 4 months, 12 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY.
Dated this 28th day of July 2022
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.5135/2020 Date of commission of the
2. 08.09.2018 offence (As per F.I.R.) Subramanyapura Police
3. Name of the complainant Station, Bengaluru City.
4. Name of the accused 1. Mahesh S, S/o Late Subramanya, Aged about 32 years.
R/at No.362, Murugan Building, 4th Main, 3rd Cross, Manjunathanagar, Uttarahalli, Bengaluru - 61.
2 C.C.No.5135/2020
2. Madhu M, S/o S.Manjunath, Aged about 42 years, R/at No.133, Jambulingam Building, Ground Floor, 3rd Cross, Gowdanapalya, Bengaluru - 61.
Sections 323, 354, 448, 504, The offences complained
5. 506 and 509 R/w Section 34 of of the Indian Penal Code.
6. Plea of the accused Pleaded not guilty Accused persons are
7. Final order acquitted
8. Date of order 28.07.2022 The Police Sub-Inspector of Subramanyapura Police Station, Bengaluru has filed Police Report against the above named accused persons alleging that they have committed the offences punishable under Sections 323, 354, 448, 504, 506 and 509 R/w Section 34 of the Indian Penal Code.
2. The Prosecution case in brief is that CW1 Pratheeka is running a Medical Shop in the name and style of Sri.Krishna Medicals at 5th Cross, near Srinivasa Film Theater at Gowdanapalya within the territorial limits of Subramanyapura Police Station, Bengaluru City. As the 5 th 3 C.C.No.5135/2020 Cross road was constructed with cement concrete, rope was tied for the reason that the said concrete should not be spoiled by the people from walking on it. On 08.09.2018 at 7.00 p.m., when CW1 was doing business in the said shop, the accused persons came in motorcycle and parked their vehicle by removing the rope. When CW1 asked them not to park the vehicle on the road, concrete was put on the road, it will be spoiled and are they have any sense. At that time, the accused persons trespassed on her Medical Shop, abused her in filthy languages, voluntarily caused simple hurt to her by beating on her cheek with their hands, tried to outrage her modesty and gave life threat on her. Thereby, the accused persons have committed the offences punishable under Sections 323, 354, 448, 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.293/2018 at Subramanyapura Police Station. On 10.09.2018, the accused persons were produced before this Court. They are enlarged on bail on the same day. 4 C.C.No.5135/2020 On completion of the investigation, the Police Sub-Inspector of Subramanyapura Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 323, 354, 448, 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 accused persons have committed offences triable by this court, charges for the offences punishable under Sections 323, 354, 448, 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. 5 C.C.No.5135/2020 Since, there were no incriminating circumstances appearing in the evidences of the prosecution witness 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;
1. Whether prosecution has proved the offences charged against the accused persons for the offences punishable under Sections 323, 354, 448, 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 framed 6 C.C.No.5135/2020 against the accused, out of 06 witnesses cited in the charge- sheet by the Investigation Officer, the prosecution has produced the oral evidences of only one witnesses before this court as PW1. PW1 Pratheeka is the First Informant, injuries and the mahazar witness of this case. 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.293/2018 and on investigation, since, there are evidences collected by the investigation officer to prosecute the accused persons for the offences punishable under Sections 323, 354, 448, 504, 506 and 509 R/w Section 34 of the Indian Penal Code, the charge-sheet was filed. In the First Information - Ex.P1, there are statements of PW1 with regard to the alleged incident committed by the accused persons. PW1 during her examination-in-chief has deposed the evidences contrary to the said facts. She has deposed in her examination-in-chief 7 C.C.No.5135/2020 that she does not know the accused persons; no quarrel taken place between her and the accused persons; she was not given any complaint to the police; the accused persons have not abused her in filthy languages; they have not gave her life threat; they have not assaulted her and abused her; she does not know the contents of Ex.P1 and the police have not conducted any mahazar at the place of incident in her presence as per Ex.P2. She has been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, she has denied the contents of Ex.P1; she gave it and the mahazar conducted at the place of incident in her presence. Nothing has been elicited in the cross-examination of PW1 supporting the case of the prosecution.
9. On perusal of the above evidences, it appears that the First Informant and the injured witness PW1 has deposed not supporting the case of the prosecution. She has deposed in her cross-examination that she has compromised the matter with the accused persons. Therefore, if the evidences of the 8 C.C.No.5135/2020 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 323, 354, 448, 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 323, 354, 448, 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 9 C.C.No.5135/2020 323, 354, 448, 504, 506 and 509 R/w Section 34 of the Indian Penal Code.
Their bail bonds and cash surety furnished under Section 437 of Cr.P.C. will be in force till completion of the 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 28.07.2022) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Prateeka.
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 10 C.C.No.5135/2020 Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.11 C.C.No.5135/2020
28.07.2022 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 323, 354, 448, 504, 506 and 509 R/w Section 34 of the Indian Penal Code.
Their bail bonds and cash surety furnished under Section 437 of Cr.P.C. will be in force till completion of the appeal period and thereafter, it shall be canceled.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.