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[Cites 11, Cited by 0]

Bangalore District Court

Ajjaiah vs Abhishek on 2 January, 2024

                                                       Digitally signed by
                                                       PATIL
                               PATIL                   VEERANAGOUDA
                               VEERANAGOUDA
                                                       Date: 2024.01.02
                                                       17:27:39 +0530
KABC031060952017




                           Presented on : 19-10-2017
                           Registered on : 19-10-2017
                           Decided on : 02-01-2024
                           Duration      : 6 years, 2 months, 14 days



   IN THE COURT OF THE CHIEF METROPOLITAN
           MAGISTRATE, BENGALURU
                         Present:
               Sri.Patil Veeranagouda S.,
                                            B.Com. LL.M.
               Chief Metropolitan Magistrate,
                      Bengaluru.

       Dated this the 02 nd Day of January, 2024

                     C.C. No.25096/2017


Complainant:
                   The State by Police Inspector,
                   Mahalakshmi Layout P.S., Bengaluru.

                   (By Sr. Assistant Public Prosecutor)


                           Versus
                               2                C.C.No.25096/2017




Accused:      1. Abhishek s/o Srinivasagowda,30 yrs,
                 R/at House No.44, 7th cross, 1st main,
                 Laggere, Bridge, Kempegowda Layout,
                 Bengaluru.

              2. Abhilash s/o Srinivasagowda, 28 yrs,
                 R/at House No.44, 7th cross, 1st main,
                 Laggere, Bridge, Kempegowda Layout,
                 Bengaluru.

              3. Praveen Kumar @ Praveen s/o Putte-
                 gowda, 35 yrs, R/at No.39, 3rd cross,
                 Chowdeshwari Nagara, Laggere,
                 Bengaluru.

                Native Place: Tubinakere Village,
                Nagamangala Taluk, Mandya District.


             (By Sri P.Ramalinga, Adv. for A1 & A2)
             (By Sri N.Nagaraj, Adv. for A3)

   PARTICULARS U/S 355 OF THE Cr.P.C., 1973


  1. Sl. No. of the Case          25096/2017

  2. The date of commission       12-08-2017
     of the offence

  3. Name of the complainant      Ajjayya.P.

  4. Name of the accused          Abhishek & Ors.
                                   3              C.C.No.25096/2017



     5. The offence complained of U/sec.353, 332, 504, 506 r/w
        or proved                 34 IPC

     6. Plea of the accused and       Pleaded not guilty
        his/her examination

     7. Final Order                   Accused No.1 to 3 acquitted

     8. Date of such order            02-01-2024



                         J UD GME N T
      The Police Inspector of Mahalakshmi Layout P.S.,

Bengaluru has filed the final report against accused No.1

to 3 for the offences punishable U/sec.353, 332, 504 and

506 r/w 34 IPC.



2.    The   case of   prosecution is that on 12-08-2017 at

about 5.30 p.m., the accused No.1 and 2 were proceeding

in scooter bearing registration No.KA 02 JA 5276 without

wearing helmet in dangerous manner from Laggere Road

towards     J.C.Nagar,   Kurubarahalli,      Bengaluru.     CW1

Ajjayya.P. and CW2 Paramesh.R.,            being then      police
                               4             C.C.No.25096/2017



constables of Rajajinagar Traffic P.S. were on public duty

on the said road and CW1 had questioned the accused for

not wearing helmet on the said road near Sri Krishna

Bakery and Sweets, Manjushri Complex, Laggere Bridge

Service Road, Bengaluru. At that time, the accused had

abused CW1 and went away. Again they came along with

accused No.3 to the place where CW1 and 2 were carrying

out their duty and accused No.1 had abused CW1 in filthy

words, beaten with hands and put threat. Further accused

No.2 and 3 had beaten CW1 and torn his uniform. When

CW2 intervened and questioned, the accused had beaten

him also with hands, dragged him by holding his uniform

and torn it. Thereby the accused No.1 to 3 obstructed the

duties of CW1 and 2 and had put threat to them saying

that they will be killed, if once again they dares to stop

their vehicle, abused them in filthy words and beaten them

with hands.
                                    5                 C.C.No.25096/2017



3.    CW1   has    lodged      first   information     before    the

Mahalakshmi Layout P.S., on the basis of which the F.I.R.

in Crime No.277/2017 was registered. The accused were

arrested and produced before the VII A.C.M.M. Court on

13-08-2017 and they were remanded to judicial custody.

Thereafter the accused No.1 and 2 moved application and

obtained bail from the said court. On 07-09-2017, the

accused No.3 voluntarily appeared before the said court

and    obtained    bail   by      moving     application.       After

investigation, the I.O. has filed final report against accused

No.1 to 3 for the above said offences before the said court.



4.    The said court has taken cognizance against accused

No.1 to 3 for the alleged offences. In pursuance of

summons, all of them appeared before the said court.



5.    The prosecution papers were furnished to accused

No.1 to 3    in compliance of Sec. 207 of Cr.P.C. After
                               6              C.C.No.25096/2017



hearing both the sides, the said court framed charges for

the said offences, read over and explained to them, wherein

they claimed to be tried.



6.   Thereafter as per Notification of Chief Metropolitan

Magistrate, Bengaluru vide No. ADM-1(A) 09/2020 dated

05-06-2020 this case was transferred to this court.



7.   In order to prove its case, the prosecution has

examined in all nine witnesses as PW.1 to 9, got marked

sixteen documents as per Ex.P.1 to 16 and the uniform

shirt as MO1. The prosecution has given up CW12 to 16.

Despite taking coercive steps against CW3 to 6, 8 and 10,

the prosecution could not able to secure their presence and

hence the side of prosecution was taken as closed.



8.   Thereafter, the accused No.1 to 3 were examined

U/Sec.313 of Cr.P.C., to enable them to explain the
                                   7                C.C.No.25096/2017



incriminating evidence appeared against them in the

evidence of prosecution witnesses. They denied the same

and did not choose to lead any defence evidence.



9.   Heard arguments from both the sides and perused

the material available on record, the points that arise for

my determination are;

          1. Whether the prosecution proved beyond
          all     reasonable     doubt       that on 12-08-
          2017 at about 5.30 p.m., near Laggere
          Bridge, Kempegowda Layout, Bengaluru,
          the accused No.1 to 3 in furtherance of
          their    common        intention     intentionally
          insulted    PW1      Ajjayya,   with    intent   to
          provoke breach of the peace and thereby
          committed       the      offence       punishable
          U/Sec.504 r/w 34 of IPC?


          2. Whether the prosecution further proved
          beyond all reasonable doubt that on the
          above said date, time and place, the
                        8                 C.C.No.25096/2017



accused No.1 to 3 in furtherance of their
common intention voluntarily caused hurt
to public servants PW1 and 3, by beating
with   hands,     to       deter   them     from
discharging   their    duties      and    thereby
committed       the    offence      punishable
U/Sec.332 r/w 34 of IPC?


3. Whether the prosecution further proved
beyond all reasonable doubt that on the
above said date, time and place, the
accused No.1 to 3 in furtherance of their
common intention, used criminal force to
deter the public servants PW1 and 3 from
discharging   their    duties      and    thereby
committed       the    offence      punishable
U/Sec.353 r/w 34 of IPC?


4. Whether the prosecution further proved
beyond all reasonable doubt that on the
above said date, time and place, the
accused No.1 to 3 in furtherance of their
common intention criminally intimidated
                                 9              C.C.No.25096/2017



          PW1 and 3 and thereby committed the
          offence punishable U/Sec.506 r/w 34 of
          IPC?


          5.     What order?


10. My findings on the above points are as under:

           Point No.1 : In the negative

           Point No.2 : In the negative

           Point No.3 : In the negative

           Point No.4 : In the negative

           Point No.5 : As per final order for the following:

                      R EAS O N S

11. Points No.1 to 4:- In order to avoid repetition of facts

and discussion, I have taken all the points together for

common consideration for the sake of brevity.



12. PW1 Ajjayya.P., being P.C. and first informant has

deposed that he is working in Rajajinagar Traffic P.S. from
                               10             C.C.No.25096/2017



the year 2016. On 12-08-2017, himself, PW3 Paramesh,

CW12    Basavaraj,   PW5   Santosh    Murthy    and   CW4

Manjunath were deputed to Laggere Bridge for controlling

traffic and they were on duty from 8.00 a.m. to 9.00 p.m.,

at about 5.30 p.m., accused No.1 and 2 came on two

wheeler bearing registration No.KA 02 JA 5276 without

wearing helmet and moving towards Kurubarahalli from

Laggere. That the said accused were riding the vehicle in a

negligent manner, as such they stopped and inquired

them, for that they replied in a singular language and went

away. Thereafter at about 5.30 p.m., while himself and

PW3 along with other staff were proceeding towards a

bakery to have tea, said accused came along with two

others. The said persons raised objection for inquiring

them, abused in filthy language such as Bolimagane and

talked in singular language and caused hindrance in

discharging their duties. For that they told, as they were
                               11             C.C.No.25096/2017



not wearing helmet, as such they have inquired them and

at that time, the accused abruptly started assaulting him.



13. PW1 has further deposed that when PW3 intervened,

the accused No.1 and 2 assaulted him with hands and

caused pain over chest, they also pulled and torn the

uniform wore by them. PW1 further deposed that the other

accused instigated to assault and also gave life threat to

them, they came to know that the said persons belonged

to Laggere Village, the accused No.1 and 2 came at first on

the two wheeler and the accused No.3 had joined them,

later they went to K.C.General Hospital and taken

treatment. Thereafter he lodged Ex.P1 first information and

the police came to spot, conducted mahazar as per Ex.P2

and seized the uniform shirt torn by accused as MO1 and

also seized the above stated two wheeler and identified
                               12             C.C.No.25096/2017



three photographs as per Ex.P3 to 5 and two CDs as Ex.P6

and 7.



14. During cross-examination, PW1 stated that they have

stopped the two wheeler of accused since they were not

wearing helmet and rode the same in high speed. He

admitted that only they have to impose fine but not snatch

away the key. Further he stated that they have not

snatched the key of motor cycle. That there is no

identification to show that he only was wearing said MO1.

There is no name badge on MO1. Since the accused

dragged him on the ground, his shirt had become dirt. The

CCTV was installed at spot, but he has not gave its footage.

He denied the suggestion that when the accused asked for

return of his key, they abused and given threat and also

foisted this false case. He has denied all other suggestions

put to him.
                               13             C.C.No.25096/2017



15. PW3 Paramesh, the P.C. of Rajajinagar Traffic P.S.

has deposed that on 12-08-2017 at 5.30 p.m., he along

with CW3 to 5 were on duty, at that time the accused

persons came in two wheeler from Kurubarahalli towards

Laggere, PW1 has stopped them and asked as to why they

were not wearing the helmet, for that the accused asked as

to who were they to ask them, parked the vehicle by side,

beaten PW1 and dragged him by holding his uniform and

torn the same. That when he intervened, the accused had

also beaten him, later himself and PW1 had been to

hospital, took treatment, gone to station and PW1 had

lodged first information and identified the photographs at

Ex.P3 to 5, so also the uniform shirt of PW1 at MO1.



16. During cross-examination, PW3 admitted that in

every traffic signal, CCTV was installed. He does not know

whether the CCTV footage with respect to incident are
                               14             C.C.No.25096/2017



given or not. He denied the suggestion that they demanded

money from the accused, when they refused to give money,

they assaulted the accused and have foisted this false case.

He has denied all other suggestions put to him.



17. PW5 Santosh Murthy, the P.C. of Rajajinagar Traffic

P.S. has deposed that on 12-08-2017 near Laggere Bridge,

himself and CW12 & 13 were deputed for work, at about

5.30 p.m., they came to know about the quarrel that was

taking place near Krishna Bakery and when they had been

there PW1 and 3 were      present, who told that the two

persons who were not wearing helmet were caught hold

and when they were about to impose fine, they had beaten

and obstructed their duties, meanwhile the accused had

gone from there, thereafter they have taken the injured

PW1 to hospital.
                                 15           C.C.No.25096/2017




18. During cross-examination, PW5 admitted that at the

time of incident there was huge traffic, so also he has not

seen the incident personally. He came to know from PW1

about the incident. He has not put his signature in

hospital. On seeing MO1, he has stated that none of the

buttons are damaged and it is not torn. He has denied all

other suggestions put to him.



19. PW6 Nandakumar, then H.C. of Mahalakshmi Layout

P.S. has deposed that on 13-08-2017 himself along with

CW15 and 16 were deputed for trace of accused, on the

basis of credible information given by informants, they had

been near Laggere Bridge at 7.00 a.m., apprehended

accused No.1 and 2 who were about to leave in two wheeler

bearing registration No.KA 02 JA 5276 and produced

before S.H.O. as per report of CW15.
                                 16            C.C.No.25096/2017



20. During cross-examination, PW6 stated that houses

are situated adjacent to each other where they had caught

hold the accused.


21. PW2 Venkatesh and PW4 Somashekhar being the

eyewitnesses have deposed that they do not know anything

about the incident, they have not seen the accused

assaulting police and obstructing their duties and that

they have not given any statement before police in respect

of incident.



22. Thus the learned Sr.APP treated PW2 and 4 as hostile

and cross-examined. But nothing worth was elicited from

their mouth about the incident. They denied for having

given their statements as per Ex.P8 and 9 respectively.



23. PW7 Dr. Radha.L. has deposed that on 12-08-2017

at   6.30   p.m.,   PW1   and   3    accompanied   by   A.S.I.
                               17             C.C.No.25096/2017



Krishnegowda, had come to K.C.General Hospital where

she was working as C.M.O., on the history of assault by 4

unknown persons, for treatment. On examination of PW1,

there is tenderness over right arm, head & left foot and 0.5

cm small abrasion below the neck, she gave primary

treatment and sent him before expert doctor and in this

regard, she has issued Ex.P10 wound certificate. Further

on examination of PW3, there is tenderness over his right

side of chest, she gave primary treatment and sent him

before expert doctor and in this regard, she has issued

Ex.P11 wound certificate and that if any person was

beaten with hand, the injuries mentioned in Ex.P10 & 11

may be caused.



24. During cross-examination, PW7 admitted that as she

is working since 7 years, she is in acquaintance with the

police. She admitted that if anybody get hit from the door,
                               18             C.C.No.25096/2017



the injuries mentioned in Ex.P10 & 11 might be caused.

She stated that the surgeon has not given his opinion

about the said injuries till date. She has denied the

suggestions put to her.



25. PW8 H.Narasimhaiah the then A.S.I. of Mahalahshmi

Layout P.S. has deposed that on 12-08-2017 at 8.10 p.m.,

PW1 had come to station and lodged first information as

per Ex.P1, on the basis of which he registered Ex.P12

F.I.R. and handed over the case for further investigation to

PW9.


26. During cross-examination, PW8 stated that he has

not inquired PW1 about the delay in lodging first

information. That the cloth of PW1 had torn when come to

lodge first information, there was no external injury and he

had expressed pain. He has denied all other suggestions

put to him.
                                 19            C.C.No.25096/2017



27. PW9 B.N.Lohith, the I.O. has deposed that on 12-08-

2017 he received the case from PW8, visited the spot and

conducted Ex.P2 mahazar in the place shown by PW1 in

the presence of panchas CW3 & 4, seized MO1 uniform

shirt produced by PW1 and enclosed to PF No.57/2017,

thereafter recorded the statement of PW2, 4 and CW8, 10

and deputed staff for trace of accused. That on 13-08-2017

at 7.30 a.m., the accused No.1 & 2 along with Honda

Activa bearing   registration   No.KA 02 JA 5276 was

produced by their staff as per report of CW15 at Ex.P13, he

recorded the statement of CW14 to 16, seized the said

vehicle in the presence of CW5, 6 by conducting mahazar

as per Ex.P14 and recorded the voluntary statements of

accused. Thereafter he recorded the statement of PW3, 5

and   CW12,    13,   sent   accused   along   with   remand

application to court, on 17-08-2017 collected the true

copies of station house diary extract and work shift extract
                                20              C.C.No.25096/2017



regarding the duty of PW1, 3 & CW12 to 14 as per Ex.P15

&16. On 08-09-2017 accused No.3 had appeared to station

by obtaining bail from court, he collected the wound

certificates as per Ex.P10 & 11 and thereafter completed

the investigation and filed charge sheet against accused.



28. During cross-examination, PW9 admitted that the

owner, workers of bakery could be made as panchas. As

there was no blood stain on MO1, he had not sent it to

F.S.L. He has denied all other suggestions put to him.



29. The learned Sr. APP has vehemently argued that PW1

and   3   are   government   servants,   the   accused   have

committed the alleged offences while the said witnesses

were carrying out public duty. Though the defence counsel

has cross-examined the prosecution witnesses, but except

denial, nothing worth was elicited from their mouth.

Hence he prayed to convict the accused.
                               21             C.C.No.25096/2017



30. Per contra, the learned defence counsel has argued

that the witnesses who have supported are of same

department, as such they are interested witnesses. The

independent witnesses PW2 and 4 have not supported the

case. The CCTV footage not produced. MO1 does not bear

any blood stain.   Therefore only on the basis of official

witnesses, the accused cannot be held guilty. So he prayed

to acquit the accused.



31. Having heard the arguments from both sides, I have

perused the oral as well as documentary evidence placed

on record. In this case, there is no dispute that PW1 and 3

are public servants and were discharging their duties at

relevant point of time. First of all, PW2 and 4 being the

eyewitnesses have not supported the case. Even though

they were treated hostile and cross-examined by learned

Sr. APP, nothing worth was elicited from their mouth and
                                 22           C.C.No.25096/2017



they denied for having given their statement as per Ex.P8

and   9   respectively.   The   uncorroborated   version   of

eyewitnesses PW2 and 4 would definitely weakens the case

of prosecution.



32. In the cross-examination of PW1, he stated that CCTV

was installed in the signal where they were on duty.

Further in the cross-examination of PW3, he has admitted

that in every traffic signal there will be CCTV. But PW1

stated that the CCTV footage not given and the same would

be fatal to the case of prosecution. PW5 Santosh Murthy

appears to be hearsay witness, who has categorically

admitted in his cross-examination that he has not

personally seen the incident and he came to know about

the incident from PW1.



33. It is the case of prosecution that accused had torn the

uniform wore by PW1 and 3 during the incident. PW1 has
                                   23                  C.C.No.25096/2017



stated in his evidence that when PW3 intervened, the

accused assaulted him also and torn the uniform wore by

them. But PW3 has not stated anything about tearing of

his uniform. Further in this case, only the uniform shirt of

PW1 has been produced and marked as MO1. So, it creates

serious doubt with regard to the version of PW1.



34. Further despite taking coercive steps against mahazar

witnesses CW3 and 4, the prosecution has failed to secure

their presence. There are contradictions with regard to

particulars of MO1, such as blood stain, removal of

buttons, tearing etc., in the evidence of PW1 and other

official witnesses. In that event the evidence of mahazar

witnesses   plays   predominant        role.   Unfortunately    the

prosecution   has   failed   to   examine       the    independent

mahazar witnesses. Therefore I am of the firm opinion that

it has totally failed to prove the spot cum seizure mahazar.
                                24              C.C.No.25096/2017



35. As per Ex.P10 and 11, wound certificates, PW1 and 3

appears to have taken treatment at K.C.General Hospital.

PW1 has deposed about same in his evidence. But in

contradiction to this, PW5 being the P.C. who appears to

have reached the spot immediately after knowing the

incident has categorically deposed in his evidence that the

injured PW1 was taken to hospital. Further during his

cross-examination, he has stated that PW1 was taken to

Sri Sai Kanva Hospital. It is strange to note that PW5 has

not stated anything about PW3. So the same would make

this court to doubt the case of prosecution.



36.    Apart from the above, the doctor PW7 has admitted

that if anybody get hit from the door, the injuries

mentioned in Ex.P10 & 11 might be caused and further

stated that the surgeon has not given his opinion about the

injuries till date. The main purpose of producing the
                               25             C.C.No.25096/2017



medical evidence either oral or written is to show the

opinion of the expert with regard to nature of injury

whether hurt or grievous hurt. But here nature of injury is

not forthcoming either from the wound certificates at

Ex.P10 & 11 or from the oral evidence of doctor PW7. The

I.O. has also not taken any pain to secure the opinion from

the concerned before filing the charge sheet. So the

medical evidence is also become very weak.



37.   During his cross-examination, PW1 has stated that

on MO1 there is blood stain. But the I.O. PW9 has stated

during his cross-examination that, as there was no blood

stain on MO1, he has not sent the same to F.S.L. So the

same would make this court to doubt about MO1.



38. Herein PW1, 3 and 5 are of same department and in

their evidence there exists contradictions, discrepancies as
                                       26              C.C.No.25096/2017



stated    above.       Except    official     witnesses   no   other

independent witnesses have supported the case. PW6 being

the Head Constable has deposed about apprehension of

accused and their production before S.H.O. PW8 and 9

have deposed from the point of registration of the case till

filing   of   charge    sheet.   In    view    of   non-support   by

eyewitnesses PW2 & 4, so also discrepancies as discussed

above in the evidence of PW1, 3 and 5, the evidence of

PW6, 8 and 9 do not looms large.


39. Further the defence counsel has argued that there is

delay of about 4-5 hours in lodging the case and the same

has not been properly explained. In this regard, on perusal

of the material available on record, as per Ex.P1 the alleged

incident has taken place at 5.30 p.m. After the incident,

PW1 and 3 being the injured had been to hospital for

taking treatment. Thereafter they went to Mahalakshmi
                                 27           C.C.No.25096/2017



Layout P.S. and at 9.30 p.m., PW1 has lodged first

information statement.


40. The wound certificate as per Ex.P10 and 11 goes to

show that PW1 and 3 appeared before the doctor at 6.30

p.m. It appears that there is delay of about 4 hours in

lodging the first information. In this regard, during the

cross-examination PW8 stated that he did not inquire

about the delay in lodging first information. The F.I.R. at

Ex.P12 does not bear the reasons in lodging first

information. So also there is no explanation regarding the

delay in lodging first information.



41. On meticulous consideration of the entire evidence

available on record, the prosecution is not successful in

proving its case against accused No.1 to 3 beyond all

reasonable doubt and the benefit of doubt has to be given
                                  28            C.C.No.25096/2017



to accused persons. In the result, I answer the above

points in the negative.


42.   Point No.5:- For the foregoing discussion and my

findings to the above points, I proceed to pass the

following:


                             ORDER

Accused No.1 to 3 are hereby acquitted of the offences punishable U/sec.332, 353, 504 and 506 r/w 34 IPC, by acting under Section 248(1) of Cr.P.C.

Their bail bonds stand cancelled. However, in view of Section 437-A of Cr.P.C the same shall be in force for 6 (six) months.

29 C.C.No.25096/2017

After expiry of appeal period, MO1 be returned to S.H.O., Mahalaxmi Layout Police Station with a direction to hand it over to PW1 and the interim order of two wheeler bearing registration No.KA 02 JA 5276 is made absolute.

(Dictated to the stenographer directly on the computer, typed by him, verified and corrected by me, then the judgment pronounced by me in the open court, on this the 02nd day of January, 2024) (Patil Veeranagouda S.), Chief Metropolitan Magistrate, Bengaluru.

ANNEXURE Witnesses examined for the prosecution :

PW1 : Ajjayya.P. s/o Rajamma.P. PW2 : Venkatesh s/o Janardhan Iyengar PW3 : Paramesh s/o Renukappa PW4 : Somashekhar s/o Jagannatha PW5 : Santosh Murthy s/o Sahebanna PW6 : Nandakumar s/o Govinda PW7 : Dr. Radha.L. w/o Dr. R.Surendra PW8 : H.Narasimhaiah s/o Hanumaiah PW9 : B.N.Lohith s/o Nanjegowda 30 C.C.No.25096/2017 Documents marked on behalf of the prosecution :
Ex.P1 : First Information Statement Ex.P1(a) : Signature of PW1 Ex.P1(b) : Signature of PW8 Ex.P2 : Spot Mahazar Ex.P2(a) : Signature of PW1 Ex.P2(b) : Signature of PW9 Ex.P3 : Photograph Ex.P4 : Photograph Ex.P5 : Photograph Ex.P6 : C.D. Ex.P7 : C.D. Ex.P8 : Statement of PW2 Ex.P9 : Statement of PW4 Ex.P10 : Wound Certificate Ex.P10(a) : Signature of PW7 Ex.P10(b) : Signature of PW9 Ex.P11 : Wound Certificate Ex.P11(a) : Signature of PW7 Ex.P11(b) : Signature of PW9 Ex.P12 : First Information Report Ex.P12(a) : Signature of PW8 Ex.P13 : Report of CW15 Ex.P13(a) : Signature of PW9 Ex.P15 : True Copy of Station House Diary Ex.P15 : Signature of PW9 Ex.P16 : True copy of Work Shift extract Ex.P16(a) : Signature of PW9 Material Objects marked on behalf of the prosecution :
MO1 : Uniform Shirt 31 C.C.No.25096/2017 Witnesses examined for the defence:
Nil Documents marked on behalf of the defence:
Nil Chief Metropolitan Magistrate, Bengaluru.
32 C.C.No.25096/2017
02-01-2024 A1 to 3 present.
Judgment pronounced in the open court vide separately ORDER Accused No.1 to 3 are hereby acquitted of the offences punishable U/sec.332, 353, 504 and 506 r/w 34 IPC, by acting under Section 248(1) of Cr.P.C.
Their bail bonds stand cancelled.
However, in view of Section 437-A of Cr.P.C the same shall be in force for 6 (six) months.

After expiry of appeal period, MO1 be returned to S.H.O., Mahalaxmi Layout Police Station with a direction to hand it over to PW1 and the interim order of two wheeler 33 C.C.No.25096/2017 bearing registration No.KA 02 JA 5276 is made absolute.

Chief Metropolitan Magistrate, Bengaluru.