Bangalore District Court
Himself Turned Hostile vs Hence The Statement Of Accused U/S.313 ... on 2 February, 2023
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C.C.No.33189/2021
IN THE COURT OF THE XXXVII ADDL.CHIEF METROPOLITAN
MAGISTRATE, BANGALORE CITY.
Dated this the 2nd day of FEBRUARY, 2023.
Present: Sri B.MOHAN BABU, B.A., L.L.B.,
XXXVII Addl. C.M.M., Bangalore.
C.C. No.33189/2021
JUDGMENT UNDER SEC.355 OF CR.P.C.,
1. Complainant: State by TILAK NAGAR P.S.
2. Accused: Manjunatha .M. @ Mani,
S/o Late Mani,
Age 30 years,
R/at No.810, 28th A Main Road,
Corporation colony, 9th block,
Jaynagara,
Bangalore city.
3.Date of offence: 16102021.
4. Offences complained of: U/s.504, 506, 509, 354 of IPC.
5. Plea: Accused Pleaded not guilty.
6. Final Order: Accused is Acquitted.
7. Date of Order: 02022023.
*****
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C.C.No.33189/2021
The PoliceSubInspector, Tilak Nagar Police Station, Bangalore
has filed this charge sheet against the accused for the offences
punishable U/s.504, 506, 509, 354 of IPC.
2. The brief facts of the prosecution case is as follows:
That on 16102021 at about 9.30 p.m. within the limits of
Tilak nagar P.S. when CW 1 and 2 are purchasing flowers infront of
road at building No.1254, 41st cross road, 25th main road, Jayanagar
9th block, at that time, accused were present when CW1 asked for
return of amount, enraged by the same, accused said ನನನ ದನಡನ
ಡ
ಕಕಡನವದಲಲ ಸಕಳಮನಮಡ ... ..etc by saying abusive words gave life
threat, assaulted by his hands on her right cheek, waist, dragged
clothes of CW1 with an intent to outrage her modesty, so also
assaulted CW2 by his hands caused insult to them thus accused have
committed the offences punishable under Sec.504, 506, 509, 354, 323
of IPC.
3. The accused was enlarged on bail. On receipt of charge
sheet, this court took the cognizance of the alleged offences and
furnished copy of the prosecution papers to the accused person.
Charge for the offences punishable U/s.504, 506, 509, 354 of IPC..,
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read over and explained to the accused person. The accused person
pleaded not guilty and claimed to be tried.
4. The prosecution, in order to prove its case examined two
witnesses as PW1 and PW2 and got marked four documents at Ex.P1
to Ex.P4. Since there were no incriminating circumstances appeared
against the accused, the recording statement of accused as required
U/s. 313 of Cr.P.C. is dispensed with and the matter was posted for
arguments.
5. I have heard the arguments of learned Sr.APP., for the
prosecution and learned counsel for the accused. Perused the
materials available on record.
6. In order to prove the guilty of accused, the prosecution has
examined CW1 as PW1. The PW1 Jyothi has deposed in her
evidence that, she know the accused person. PW1 further deposed
that accused did not abused her, and he did not gave life threat and
he did not dragged and not caused insult to her. That there was only
exchange of words between her and the accused hence, she went to
the police station. There the witness identified a document as per
Ex.P1 complaint and another document spot mahazar at Ex.P2 and
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C.C.No.33189/2021
identified signatures therein as per ExP1(a) and Ex.P2(a), but he
pleaded his ignorance about the contents in it. At the request of
learned Sr.APP., the PW1 was treated hostile and permission was
accorded to cross examine her. The learned Sr.APP cross examined
him but she denied all the suggestion made to her and nothing worth
has been elicited. However portion of statement recorded got marked
at Ex.P.3
7. The PW2 Shiva has deposed in his evidence that, he know
the accused person. PW2 further deposed that accused did not
abused her, and he did not gave life threat and he did not assault on
him and accused did not dragged clothes of CW1 and not caused
insult to her. At the request of learned Sr.APP., the PW2 was treated
hostile and permission was accorded to cross examine him. The
learned Sr.APP cross examined him but he denied all the suggestion
made to him and nothing worth has been elicited. However portion of
statement recorded got marked at Ex.P4.
8. On perusal of the evidence of PW1 and 2, it goes to show
that the PW1 and 2 have completely turned hostile to the prosecution
case. The learned Sr.APP sought to issue process against all the
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C.C.No.33189/2021
remaining witnesses but after going through the testimony of PW1
and 2, I do not find any incriminating evidence against the accused
with regard to the allegations made against complainant. When the
complainant/victim himself turned hostile, no purpose would be
served even if remaining witnesses are examined. As such, prayer was
rejected to issue summons to Cws.3 to 6 and hence, they are
dropped. Since there were no incriminating evidence against the
accused, hence the statement of accused U/s.313 of Cr.P.C., is
dispensed with. As said above, the complainant victim has not
supported the prosecution case so as to prove the allegations against
the accused persons. During the course of cross examination, PW1
and 2 have denied the suggestion made to them. Pw1 and 2 have
admitted that matter has been resolved between her and accused.
Though the accused is charged for the offences punishable U/s.504,
506, 509, 354, 323 of IPC.., for want of evidence, accused is entitled
for acquittal. For the foregoing discussion, I am of the opinion that the
prosecution has failed to prove the allegations against the accused
person beyond all reasonable doubt. Accordingly, I proceed to pass
the following:
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ORDER
Acting Under Section 248(1) of Cr.P.C., accused is hereby acquitted for the offences punishable U/s. 504, 506, 509, 354, 323 of IPC.
The bail bond of accused and surety shall stands cancelled.
(Dictated to the Stenographer directly on the computer and print out taken by her is verified, corrected & then pronounced by me in the Open Court dated this the 02022023.) ( B.MOHAN BABU) XXXVII ADDL.C.M.M., BANGALORE.
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
PW1 : Jyothi PW2 : Shiva
LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:
Ex.P.1 : Complaint Ex.P.1(a) : Signature of PW1 Ex.P.2. : Spot mahazar ExP.2(a) : Signature of witness. Ex.P.3 : Sec.164 Cr.P.C. statement Ex.P4 : Statement of PW2. 7 C.C.No.33189/2021
LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF THE PROSECUTION:
NIL LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENCE:
NIL LIST OF DOCUMENTS AND MATERIALS MARKED ON BEHALF OF THE DEFENCE .
NIL XXXVII ACMM., BANGALORE.8
C.C.No.33189/2021 02022023 Judgment.
Judgment pronounced in the Open court (vide separately).
ORDER Acting Under Section 248(1) of Cr.P.C., accused is hereby acquitted for the offences punishable U/s. 504, 506, 509, 354, 323 of IPC.
The bail bond of accused and surety shall stands cancelled.
XXXVII ACMM.,B'lore.