Bangalore District Court
The State Of Karnataka Through vs Shivakumar on 2 September, 2022
1 CC.No.21709/22
KABC030549372022
IN THE COURT OF XXIV ADDL. CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
DATED THIS THE 2nd DAY OF SEPTEMBER 2022
C.C. No.21709/22
Present: SRI. B.C.CHANDRASHEKAR
B.A., LL.B.,
XXIV ADDL. C.M.M., BENGALURU.
COMPLAINANT : The State of Karnataka through
Govindarajanagar Police Station
Rep.by Sr.APP
V/s.
Accused Shivakumar, s/o.Nanjundaiah, 32
yrs, r/a.Nice Academy Coaching
centre, Vijayanagar, No.19, 7th
cross, Tent road, Mudalapalya,
Bengaluru.
Rep.by Sri.SBC, Advocate
DATE OF COMMENCEMENT : 27/02/2022
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OF OFFENCE
DATE OF ARREST OF THE : Accused is on bail.
ACCUSED
OFFENCES ALLEGED : U/s.354, 354(B), 354(D), 323,
504, 506 of IPC.
DATE OF COMMENCEMENT : 10/08/2022
OF EVIDENCE
DATE OF CLOSING OF : 10/08/2022
EVIDENCE
OPINION OF THE JUDGE : Found not guilty
(B.C.CHANDRASHEKAR)
XXIV A.C.M.M., BENGALURU.
: J U D G M E N T :
The PSI of Govindarajanagar Police station has filed
chargesheet against accused for the offence punishable
u/s.354, 354(B), 354(D), 323, 504, 506 of IPC.
2. The brief facts of the case of the prosecution are
that during 2018, the CW 1 and accused both were running
Nice Academy coaching center at Vijayanagar and the CW 1
has invested Rs.5 to 6 lakhs. Thereafter, the CW 1 and
accused decided to get marry and were in relationship with
each other. But the accused without intimating the CW 1, got
married another girl. After knowing the marriage of the
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accused, the CW 1 has left him, inspite of that, the accused
forced the CW 1 to love him and marry him, but the CW 1
refused for the same. That on 27/2/22 at 10.00 pm., at 4 th
floor, No.60/30, 2nd cross, Marenahalli, Vijayanagar the
accused gone to the house of the CW 1, picked up quarrel
with her, dragged her hands, abused her in filthy wordings, at
that time, the CW 4 came and pacified the quarrel. Again on
28/2/22 at 10.30 pm., the accused went to the house of the
CW 1, dragged her by holding her hands, when the CW 1
refused, accused abused her in filthy wordings, bite on her
neck and chest, dragged her clothes, slapped on her cheeks
and also outraged her modesty, at that time, the CW 4 came
and pacified the quarrel. Further, the accused threatened the
CW 1 with dire consequences of life and thereby committed
the offences u/s.354, 354(B), 354(D), 323, 504, 506 of IPC.
3. On the basis of the complaint of the CW 1, this crime
has been registered by Govindarajanagar Police Station.
During the crime stage, the accused has arrested and
produced before the court and he has remanded to JC, later
on, the accused filed the bail application through his counsel.
Accordingly, he has released on bail. After investigation,
Investigating officer has submitted the chargesheet. The
cognizance for the said offences is taken.
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4. The copies of the prosecution papers have furnished
to the accused person as contemplated u/s.207 of Cr.P.C.,
After being heard the arguments before charge, as there were
no grounds to discharge him, charge for the offences u/s.354,
354(B), 354(D),323, 504, 506 of IPC have been framed & read
over, explained to the accused in the language best known to
him. The accused has not pleaded guilty and claims to be
tried. Hence, the case taken up for trial.
5. In order to prove the guilt of the accused person, the
prosecution has examined the complainant as PW 1 out of
11 witnesses as cited in the chargesheet. 2 documents have
been marked as Ex.P.1 & 2. Since the PW 1 being the
victim/complainant has turned hostile and there is no
incriminating evidence against the accused, examination of
accused u/s.313 of Cr.P.C., has been dispensed with.
6. Heard the arguments of learned APP and counsel for
accused person. Perused.
7. On the basis of the above, the following points have
arises for my consideration :
1) Whether prosecution proves beyond
reasonable doubt that during 2018, the
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CW 1 and accused both were running
Nice Academy coaching center at
Vijayanagar and the CW 1 has invested
Rs.5 to 6 lakhs. Thereafter, the CW 1
and accused decided to get marry and
were in relationship with each other.
But the accused without intimating the
CW 1, got married another girl. After
knowing the marriage of the accused,
the CW 1 has left him, inspite of that,
the accused forced the CW 1 to love him
and marry him, but the CW 1 refused for
the same. That on 27/2/22 at 10.00
pm., at 4th floor, No.60/30, 2nd cross,
Marenahalli, Vijayanagar the accused
gone to the house of the CW 1, picked
up quarrel with her, dragged her hands.
Again on 28/2/22 at 10.30 pm., the
accused went to the house of the CW 1,
dragged her by holding her hands and
clothes, outraged her modesty and
thereby committed the offences u/s.354,
354(B), 354(D) of IPC ?
2) Whether prosecution proves beyond
reasonable doubt that on the aforesaid
date, time and place, accused picked
up quarrel with CW 1, dragged her
hands, bite on her neck and chest,
slapped on her cheeks and thereby
committed the offences u/s.323 of IPC ?
3) Whether prosecution proves beyond
reasonable doubt that on the aforesaid
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date, time and place accused abused
CW.1 in filthy language and thereby
gave provocation to CW 1 knowing it to
be likely that such provocation will
break the public peace of CW 1 and
thereby have committed an offence
punishable U/s 504 IPC ?
4) Whether prosecution proves beyond
reasonable doubt that on the aforesaid
date, time and place accused threatened
CW1 to do away her life with dire
consequences and thereby have
committed an offence punishable U/s
506 IPC ?
5) What order?
8. My answer to the above points is as under;
Point No.1 to 4 In the Negative
Point No.5As per final order for the following :
REASONS
9. Point No.1 to 4 : Since all these points are interlinked
with each other, I have taken them together for common
discussion in order to avoid the repetition. According to the
prosecution, accused has committed an offences u/s.354,
354(B), 354(D), 323, 504, 506 of IPC. In order to prove the
guilt of the accused, the prosecution has examined the
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complainant as PW.1. The PW 1 has deposed that she
knows the accused, accused never assaulted or outraged her
modesty. About one year ago, when she went to police
station, they have took the signature on two documents which
are the complaint and mahazar and they have marked as
Ex.P.1 & 2. She has deposed that she does not know what
has written in Ex.P.1 & 2. Thus she has totally turned hostile
to the case of the prosecution.
10. At request of learned senior APP this witness has
been treated as hostile witness and permission was accorded
to cross examine her. In the cross examination the learned
Sr.APP suggested the case of the prosecution and same has
been denied by the witness. On the basis of the above
evidence of PW.1 the court cannot come to conclusion that
the accused has committed the offence as alleged by the
prosecution. Here the PW.1 turned hostile, in the cross
examination she has categorically admitted that, she and
accused have compromised the matter. That is the reason
why PW.1 has not given any evidence supporting the case of
the prosecution. In a criminal justice system, if a tiny doubt
arises in the mind of the court, benefit of doubt shall be
extended to the accused. In this case, not only tiny doubt but
the strong doubt arise in the mind of the court, because the
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victim herself has not supported the case of the prosecution.
Hence, the prosecution has utterly failed to prove the guilt of
the accused beyond all reasonable doubt. Hence, in my
opinion it is a fit case to extend benefit of doubt to the
accused. Accordingly point No.1 to 5 answered in the
Negative.
11. POINT NO.6 :
For the aforesaid reason and discussion, I proceed to
pass the following:
ORDER
Acting under section 248(1) of Cr.P.C. Accused is hereby acquitted for the offences punishable U/s.354, 354(B), 354(D) 323, 504, 506 of IPC.
The bail bond executed by the accused stands cancelled. However, Accused shall execute personal bond of Rs.50,000/ by undertaking to appear before the appellate Court, if any appeal is filed.
It is not a fit case to award victim compensation as provided U/s.357(1) of 9 CC.No.21709/22 Cr.P.C., (Dictated to the stenographer, script transcribed by her and then corrected directly on computer and then pronounced by me in open court on this the 2nd day of September 2022).
(B.C.Chandrashekar) XXIV A.C.M.M., BENGALURU.
ANNEXURE Witnesses examined for the Prosecution:
PW1 : Roopashree Documents marked for the Prosecution:
Ex.P1 : Complaint Ex.P1(a) : Signature Ex.P2 : Spot mahazar Ex.P2(a) : Signature
Witnesses examined for the accused: NIL Documents marked for the accused: NIL (B.C.Chandrashekar) XXIV A.C.M.M., BENGALURU.