Bangalore District Court
Kumar T.S vs Fayaz Pasha @ Fayaz on 21 November, 2025
C.C.No.21235/2015
KABC030590622015
IN THE COURT OF THE II ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, BENGALURU CITY
Dated this 21st day of November 2025
PRESENT : SRI.SAHEEL AHMED S. KUNNIBHAVI, B.Com., LL.B.
(Spl.)
II Additional Chief Judicial Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.21235/2015 Date of commission of the
2. 19.06.2015 offences (As per F.I.R.) Jayanagar Police Station,
3. Name of the complainant Bengaluru City.
1. Fayaz Pasha @ Fayaz, S/o Aslam Khan, Aged about 20 years, R/at No.491, 2nd Cross, D.K.S.Manju Tailor Shop Cross, Elephant Timber Road, Kaveri Nagar,
4. Name of the accused Banashankari 2nd Stage, Bengaluru-560070.
2. Tabrez Pasha @ Tabrez.
(Split-Up) 2 C.C.No.21235/2015
3. Javid Pasha @ Javid.
(Split-Up)
4. Syed Imran @ Imran.
(Split-Up)
5. Sections 332 and 353 R/w The offences complained Section 34 of the Indian of Penal Code
6. Plea of the accused Pleaded not guilty
7. Final order The accused is acquitted
8. Date of order 21.11.2025 The Police Sub-Inspector of Jayanagar Police Station, Bengaluru has filed Police Report against accused No.1 to 4 alleging that they have committed the offences punishable under Sections 332 and 353 R/w Section 34 of the Indian Penal Code.
2. It is the case of the Prosecution that the informant is the driver/Conductor of KSRTC Kanakapura Depot, Ramanagar. The informant had been to the Police Station and lodged the information that on 19.06.2015 as per the order of the Deport Manager he has taken the KSRTC Bus bearing its No.KA-42- F-1744 from Bengaluru to Kollegal. One Mr.Shiva Madaiah 3 C.C.No.21235/2015 was the driver of the said bus and he was the conductor of the said bus. At about 7.30 a.m. when the bus was near K.R.Road in front of JSS College these accused came in their Bajaj Scoter bearing its No.CKW-7020 in a rash and negligent manner and have taken over take of their bus by causing hurt to the hand of the informant. These accused in furtherance of their act wrongfully stopped the bus near Banashankari stop and started abusing in a filthy language. These accused assaulted the informant with their hands with a club and caused grievous injuries. Soon after the incident the informant had been to the Police Station and lodged the information against the accused persons.
3. Based on the First Information of CW1, the crime was registered in Crime No.192/2015 at Jayanagar Police Station. The accused No.1 to 4 were arrested and released on bail. On completion of the investigation, the Police Sub-Inspector of Jayanagar Police Station filed Police Report against the accused persons for the said offences. After taking cognizance, the process was issued to them. The copies of the 4 C.C.No.21235/2015 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 has committed the offences triable by this Court, charges has been framed and read over to them in Kannada language. They have pleaded not guilty and claims to be tried. Thereafter accused No.2 to 4 were absconding. Hence, the case against accused No.2 to 4 was ordered to split up as per order dated 05.07.2024.
4. To prove the charges framed against accused No.1, the Prosecution has not examined any witnesses and not got marked any documentary evidences. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witnesses against accused No.1, the examination of the accused under Section 313 of Cr.P.C. was dispensed with.
5. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for accused No.1. Perused the materials available on record. 5 C.C.No.21235/2015
6. The points for determination are:-
1. Whether prosecution has proved beyond all reasonable doubts that accused No.1 has committed the offences punishable under Sections 332 and 353 R/w Section 34 of the Indian Penal Code?
2. What order or sentence?
7. 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
8. POINT No.1 :- It is the case of the Prosecution that these accused assaulted CW1 with a club who is the driver of the KSRTC Bus and caused grievous injuries. They have wrongfully obstructed CW1 while discharging his official duty. Based on the information detailed investigation was conducted and the Final Report was submitted against these accused.
9. On perusal, the information was lodged on 19.06.2015. The accused No.1 is regular to the Court. My Predecessor 6 C.C.No.21235/2015 has issued summons, warrant and proclamation to secure the witnesses. But, in spite of even proclamation, the prosecution failed to secure any single witness. The Prosecution even unable to examine the informant before this Court to prove the guilt of the accused No.1. My Predecessor has dropped all the Prosecution witnesses after giving sufficient opportunity to secure the witnesses by issuing NBW, proclamation and attachment. The matter is pending since 2015 and in spite of passing of 10 years, the prosecution has not examined any single witness before the Court. Even the informant who has lodged the information against these accused. As said supra, my Predecessor has dropped all the prosecution witnesses after giving sufficient opportunity. Hence, there is no evidence available before this Court to prove the guilt of accused No.1 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 accused No.1 for the said offences beyond all reasonable doubts. Therefore, the 7 C.C.No.21235/2015 accused is not found guilty for the offences punishable under Sections 332 and 353 R/w Section 34 of the Indian Penal Code. In the result, I proceed to pass the following:-
ORDERS Under Section 248(1) of Cr.P.C, accused No.1 is hereby acquitted for the offences punishable under Sections 332 and 353 R/w Section 34 of the Indian Penal Code.
His bail bond and surety bond
executed will be canceled after appeal
period.
Office is hereby directed to keep the entire file along with Split up Criminal Case of accused No.2 to 4.
(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 21.11.2025) (SAHEEL AHMED.S.KUNNIBHAVI) II ACJM, Bengaluru City.8 C.C.No.21235/2015
ANNEXURE Witnesses Examined on behalf of Prosecution :-
NIL Documents marked on behalf of Prosecution :-
NIL Material objects marked on behalf of Prosecution :-
NIL Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL II Addl. Chief Judicial Magistrate, Bengaluru City.
Digitally signed by SUHEELAHMED S
SUHEELAHMED KUNNIBHAVI
S KUNNIBHAVI Date: 2025.11.22
12:31:51 +0530