Bangalore District Court
State By vs Persons 1 Sendil Kumar S/O Ashoka on 2 November, 2022
KABC0C0220522017
IN THE COURT OF THE XI ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 2nd day of November 2022
PRESENT: SRI.KUMARA .S
B.A., LL.B.,
XI Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.57021-2017
Complainant - State by, Police Sub Inspector
Banasawadi Police Station,
Banasawadi, Bengaluru.
Represented by the Ld.Sr.APP
/vs/
Accused Persons 1 Sendil Kumar S/o Ashoka, aged about 36 years,
R/at No.12, 3rd Cross, Chinnappa Layout, Kavel
Bairasandra, D.J halli, Bengaluru.
2 Karthik S/o Ravichandran, aged about 26 years,
R/at No. 400, 12th Cross, M.V Garden,
Halasoor, Bengaluru.
Represented by Smt. S.K Advocate.
Date of : 20.01.2016
commission of
the offences
Date of report of : 23-10-2016
the offences
2 CC No.57021-2017
Date of arrest of : 23.10.2016
accused
Date of released : 27.10.2016 & 11-04-2017
of accused
on bail
Name of the : Sri. Srinivasan
complainant
Date of : 06-08-2022
commencement
of recording of
evidence
Date of Closure : 19-10-2022
of evidence
Offences alleged : U/sec. 384/511 R/w section 34 of IPC
Opinion of the : The accused persons are found not guilty
judge
(KUMARA. S)
XI A.C.M.M.,BENGALURU.
JUDGMENT
1. This is a charge-sheet filed by the PSI Banaswadi Police Station against accused persons for the offences punishable 384/511R/w section 34 of IPC.
2. The brief facts of the case of the prosecution is as under:-
That the complainant is joined as Lecturer at Kevirial animation and Media college at Kalyana nagar, H.R.B.R Layout, 1 st Block, 5th A Cross, No. 826 R.V Plaza building and on February 2016, one kum. 3 CC No.57021-2017 Jyothi Lakshmi has intended to admit Bsc., in Graphic Animation Course but she has not produced her S.S.L.C Marks card for proof of her date of birth and on enquiry she claims that, she has produce the said marks card on later stage, but later on, on verification of her S.S.L.C Marks card there is difference in her date of birth and for that, the complainant has refused to admit her for Bsc., Degree in Graphic Animation and offered one year Animation Diploma Course. Later on, on 20.01.2016 at 10.30 AM, the accused No.1 has accompanied with said student and her father have met the complainant and complainant has narrated the above said facts and at 06.00PM on same day, accused No. 1 and 2 have came to be said education institution and in the presence of CW-2 and 3 have threatened the complainant and has offered to settle the above matter, otherwise they have telecast the News pertaining to said institution in public T.V and later on, same day at 08.00 PM accused No.1 has contact the complainant through Mobile phone and demanded to sum of Rs. 10,00,000/- for settle the said issue, otherwise they will publish/telecast the details of their college in Public T.V and thereby the accused have intentionally puts complainant in fear of injury caused to him by telecasting the matter pertaining to his college in 4 CC No.57021-2017 public T.V and thereby attempts to dishonestly induces the complainant so put in fear to deliver to accused persons cash of Rs. 10,00,000/- and thereby attempted to commit extortion and thereby committed alleged offences. Hence, this charge-sheet.
3. Accused No.1 and 2 arrested and produced before the court and subsequently all the accused have got enlarged on bail. I.O., after completion of investigation has submitted charge-sheet against accused persons for the alleged offences. Cognizance was taken for the alleged offences. The prosecution papers have been furnished to the accused persons through their counsel as contemplated U/s 207 Cr.P.C. Heard regarding charge. Charges were framed, read over and explained to the accused persons in the Kannada language known to them, they pleaded not guilty offences and claimed trail.
4. In order to prove the guilt of the accused persons, the prosecution has examined one witnesses as PW-1 and got marked 1 document as Ex.P1.
PW1/ V. Shekar is said to be witness to the alleged incident,, he has turned hostile and denied the alleged offences committed by the accused persons. Further, in spite of repeated issuance of process against CW-1 to 8 and CW-10 to 12 their presence was not secured by 5 CC No.57021-2017 the prosecution. Mater is of year 2017, 05 year old case. Hence, under the above circumstances CW-1 to 8 and CW-10 to 12 are dropped by rejecting the prayer of Sr. APP and closed the prosecution side.
5. As there is no incriminating evidence available against the accused persons, the statement of accused U/s 313 of Cr.P.C is dispensed with.
6. I have heard the arguments advanced by the Learned Sr. APP for the state and learned counsel for the accused persons and perused the prosecution papers.
7. The following points that would arise for consideration are:
1. Whether the prosecution proves beyond all reasonable doubt that, accused persons have committed an offences punishable U/s 384/511 R/w section 34 of IPC.?
2. What order?
8. My findings on the above points are as under:
Point No.1 - In the Negative, Point No.2 - As per final order, for the following;
REAS O NS 6 CC No.57021-2017
9. POINT No.1 :- The prosecution in order to prove the guilt of the accused persons in all examined one witness as PW-1.
PW-1/ V. Shekar is said to be witness to the alleged incident, he has completely turned hostile to the prosecution case in his chief- examination evidence and denied the alleged offences committed by the accused persons. Though, he has been treated as hostile and elaborately cross-examined by the prosecution but nothing is elicited from his mouth regarding the alleged offences committed by the accused. He denied the contents of the statement given by him before the police as per Ex.P1. Therefore, the entire evidence of PW-1 is proved fatal to the prosecution case.
10. Further despite repeated issuance of process to CW- 1 to 8 and CW-10 to 12 their presence was not secured by the prosecution. Mater is of year 2017, 05 year old case. Hence, under the above circumstances this court has dropped the CW-1 to 8 and CW-10 to 12 by rejecting the Prayer of Sr.APP to re-issue process to them and closed the prosecution side.
11. On going through the prosecution evidence, PW-1 has completely turned hostile and not supported with the prosecution case. Therefore, on perusal the entire prosecution of the case, the 7 CC No.57021-2017 prosecution has utterly failed to prove the guilt of the accused persons beyond all reasonable doubt. Accordingly I have answer the above point No.1 in the Negative.
12. POINT NO.2: For the reasons assigned and findings given on the Point No1, I proceed to pass the following;
ORDER Acting u/S.248(1) of Cr.P.C. accused No.1 &2 are acquitted for the offences punishable u/S. 384/511 R/w section 34 of IPC.
The bail bonds of the accused No. 1 &2 and their surety bonds shall stand cancelled and accused are set at liberty forthwith.
(Dictated to the Stenographer and transcribed and computerized by her, corrected by me and then pronounced by me in the open court on 2nd Day of November 2022).
(KUMARA. S) XI A.C.M.M., BENGALURU.
ANNEXURE-I List of witnesses examined on behalf of the Prosecution:
PW.1 : Sri. V.Shekar .
List of exhibits marked on behalf of the Prosecution:
Ex.P1 : Statement of PW-1 List of witnesses examined on behalf of the Defence: 8 CC No.57021-2017
- Nil -
List of Exhibits marked on behalf of the Defence:
- Nil -
List of Material objects marked for the prosecution:
- Nil -
(KUMARA. S) XI A.C.M.M., BENGALURU.9 CC No.57021-2017
(Judgment pronounced in Open Court vide a separate Order) ORDER Acting u/S.248(1) of Cr.P.C. accused No.1 &2 are acquitted for the offences punishable u/S. 384/511 R/w section 34 of IPC.
The bail bonds of the accused No. 1 &2 and their surety bonds shall stand cancelled and accused are set at liberty forthwith.
(KUMARA. S) XI A.C.M.M., BENGALURU.