Bangalore District Court
4. Name Of The Accused 1.Raja @ Chati ... vs Is Acquitted on 11 March, 2015
IN THE COURT OF THE VIII ADDL. C.M.M.,BANGALORE.
Dated this the 11th day of March 2015.
Present : Sri.D. Puttaswamy, B.A., LL.B.
VIII ADDL. C.M.M., BANGALORE.
C.C. NO. 5575/2008
JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
1. Sl. No. of the Case 5575/2008
2. The date of 10/01/2008
commission of the
offence
3. Name of the State by RT Nagar P.S.
complainant
4. Name of the accused 1.Raja @ Chati Raja-split-up.
2.Mahesh S/o.Venkatesh, 24
years, No.30, I Main, 4th Cross,
Ganganagar, RT Nagar,
Bengaluru..
1.The offence U/sec.384 of IPC.
complained of or
proved
2.Plea of the accused Pleaded not guilty
and his examination
3.Final Order Acting U/sec. 248(1) Cr.PC
Accused-2 is acquitted.
4.Date of such order 11/03/2015
For the following:-
2
JUDGMENT
This is the charge sheet filed by the PSI of RT Nagar Police station against the accused-1 and 2 for the offence punishable U/sec.384 of IPC.
2. The brief facts of the prosecution case are that:
On 10.01.2008 at about 10.30 p.m. at CW.1's Sugarcane Juice Shop, situated at 5th Main Road, 7th Cross, Ganganagar, which is situated within jurisdiction of RT Nagar Police station, you accused by putting CW.1 under threat and demanded him to give nokia mobile phone thus committed extortion and thereby committed the alleged offence.
3. The accused-2 is on bail. Case against the accused-1 is split-up. As required u/sec. 207 of Cr.PC., the copies of the charge sheet documents were furnished to the accused. The accused on framing the charges, denied the charges and thereupon the prosecution was directed to lead the evidence.
Despite having given sufficient opportunity, the prosecution has 3 failed to produce the witnesses and as such the evidence on the side of the prosecution was taken as nil. Since there was no evidence on the part of the prosecution, the statement of the accused was dispensed with.
4. I have heard the arguments.
5. The following points arise for my consideration:
1) Whether the prosecution proves beyond all reasonable doubt that on 10.01.2008 at about 10.30 p.m. at CW.1's Sugarcane Juice Shop, situated at 5th Main Road, 7th Cross, Ganganagar, which is situated within jurisdiction of RT Nagar Police station, you accused by putting CW.1 under threat and demanded him to give nokia mobile phone thus committed extortion and thereby committed an offence punishable U/s.384 of IPC.?4
2) What Order?
6. My finding on the above points are held as under:
Point No.1 In the negative Point No.2 As per final order for the following:
REASONS
7. Point No.1:-
In order to bring home the guilt of accused, the prosecution has not examined any witnesses. Despite having issued process many times to the witnesses, they have not been secured as not available. The prosecution witnesses did not appear before the court and ultimately the evidence on the side of the prosecution taken as nil. There is no evidence on the part of the prosecution to any extent against the accused. In the absence of any evidence against the accused, the accused cannot be held liable for the alleged offence. Hence, I answer point No.1 in the negative.5
8. Point No.2:- For the reasons discussed herein above, I proceed to pass the following:
ORDER Acting under Section 248 (1) of Cr.P.C., the Accused-2 is hereby acquitted of the offence punishable U/sec. 384 of IPC.
Bail bond of accused-2 and his surety bond stands cancelled.
Office to keep this file along with the split up case registered against accused-1. (Dictated to the stenographer, transcript thereof, corrected and then th pronounced by me in the open court this the 11 day of March 2015.) (D. Puttaswamy) VIII Addl.C.M.M. Bangalore.
Annexure:
1.List of Witnesses examined on behalf of the prosecution:Nil.
2.List of Documents marked on behalf of the prosecution:-Nil.
3.List of Material objects marked on behalf of the prosecution:-
Nil.
4. List of witnesses and documents marked on behalf of the accused: Nil.
VIII ADDL.C.M.M.BANGALORE.
6 7 IN THE COURT OF THE VIII ADDL.C.M.M., BANGALORE.
C.C. NO. 9208/2014
State by : V/s. Accused:
High Grounds P.S. Krishna Murthy & others.
CHARGE
I Sri. D. Puttaswamy., VIII Addl. Chief Metropolitan Magistrate, Bangalore do hereby charge you
1. Krishna Murthy
2. Dileep
3. Puneeth.
as follows:
IN THE COURT OF THE VIII ADDL.C.M.M., BANGALORE.
C.C. NO. 20188/2012
State by : V/s. Accused:
Sanjay Nagar P.S. V.Narasimha Murthy & others.
CHARGE
I Sri. D. Puttaswamy., VIII Addl. Chief Metropolitan Magistrate, Bangalore do hereby charge you
1. V.Narasimha Murthy
2. Girish 8 as follows:
That on 10.01.2008 at about 10.30 p.m. at CW.1 Shop i.e., Sri. Shivananda, situated at 5th Main Road, 7th Cross, Ganganagar, which is situated within jurisdiction of RT Nagar Police station, you accused by putting CW.1 under threat and demanded him to nokia mobile phone thus committed extortion and thereby you have committed an offence punishable U/sec.384 r/w 34 of IPC and within my cognizance.
That on 10.06.2010 at about 3 p.m. Near St.Marks Church Compound Road, Lavelly Road, which is situated within jurisdiction of Cubbonpark P.S. you accused-1 and 2 along with split-up accused-3 in furtherance of common intention to commit an offence by putting CW.1 under threat and demanded him to give golden chain worth of Rs.40,000/- thus committed extortion and thereby you have committed an offence punishable U/sec.384 r/w 34 of IPC and within my cognizance.
And I hereby direct that you be tried on the said charge.
(D. Puttaswamy) VIII Adll.C.M.M. Bangalore City.
9 10
2.It is the allegation of the prosecution that on 20.11.2009 at 6 p.m. within the limits of Chandralayout P. S., when CW.2 was proceeding infront of House No.116, Public Park Road, ITI Layout, Vinayaka Layout, the accused came near CW.2 and extorted her purse with Rs. 300/- and golden mangalya chain by putting her under threat and thereby the accused has committed the offence punishable U/sec.384 of IPC.
That on 12/12/2013 at about 10.30 p.m. opp. Sampoorna Apartment, situated at Palace Cross Road, within jurisdiction of High Grounds P.S., you accused-1 to 3 in furtherance of common intention to commit an offence by putting CW.1 under threat and demanded her to give cash of Rs. 3,800/- thus committed extortion and thereby you have committed an offence punishable U/sec.384 r/w 34 of IPC and within my cognizance.
And I hereby direct that you be tried on the said charge.
(D. Puttaswamy) VIII Adll.C.M.M. Bangalore City.
112.It is the allegation of the prosecution that on 20.11.2009 at 6 p.m. within the limits of Chandralayout P. S., when CW.2 was proceeding infront of House No.116, Public Park Road, ITI Layout, Vinayaka Layout, the accused came near CW.2 and extorted her purse with Rs. 300/- and golden mangalya chain by putting her under threat and thereby the accused has committed the offence punishable U/sec.384 of IPC.