Bangalore District Court
The State Of Karnataka vs Raju @ Uday Pratap Singh on 29 June, 2022
0 S.C.No.1157/2015
KABC010240762015
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (C.C.H.57)
:PRESENT:
Sri. T.Govindaiah, B.Com., LL.B.,
LVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 21st Day of June, 2022.
S.C No.1157/2015
COMPLAINANT : The State of Karnataka,
By Jnanabharathi police station,
Bengaluru.
(By Public Prosecutor)
V/s
ACCUSED 1. Raju @ Uday Pratap Singh
S/o S.N.Singh
(Split Up)
2. Baljit Kour @ Silk
W/o Sunil Kumar Puttur
Aged about 24 years
R/at No.405, 1st Cross,
Jagajyoti Layout,
Mariyappanapalya
Bengaluru
Permanent R/of No.40,
New Sandukpur, Jilandar District,
Panjab
1 S.C.No.1157/2015
3. Sunil Kumar Puttur
S/o Sanjeev Puttur
Aged about 40 years
R/at No.405, 1st Cross,
Jagajyoti Layout,
Mariyappanapalya
Bengaluru
Permanent R/o Manjappa
Compound, Darbe, Puttur Talk,
Dakshin Kannada District
4. H.R.Purushotam @ Putta
S/o Ramesh Gowda,
(Split up)
5. K.S.Anand
S/o Shivgowda
(Split up)
6. Jaya
S/o Ayyappa,
Aged about 51 years
R/at No.1058, 9th Main,
Hosakerehalli,
Bengaluru.
(By Sri.K.S., Advocate for A2
Sri.M.B.S. Advocate for A3
Sri.B.S.M.Advocate for A6
A1,4 and 5 are split up)
21.01.2014
Date of offence
Date of report of offence 21.01.2014
Name of the complainant Chandra Martolia
26.10.2017
Date of commencement of
2 S.C.No.1157/2015
recording of evidence
28.10.2021
Date of closing of evidence
U/Sec.323, 344, 370, 371, 504,
Offences complained of 506 R/w 149 of IPC.
Accused No. 2, 3 and 6 are
Opinion of the Judge convicted
Learned Public Prosecutor
State represented by
Sri. K.S., Advocate for A2
Accused defended by Sri.M.B.S. Advocate for A3
Sri.B.S.M. Advocate for A6
A1,4 and 5 are split up
********
JUDGMENT
This is a charge sheet presented by the police inspector of Jnanabharathi police station against the accused for the offences punishable under Sec.323, 344, 370, 371, 504 and 506 R/w Sec.149 of IPC.
2. The prosecution case is that: The accused No.2 and 3 have taken incharge and running Casino Bar which is belongs to C.W.15. The accused persons by colluding with accused No.1 gave an assurance to the victims that, they will provide good job with high salary have brought C.W.1, 7 and 8 from Delhi to Bengaluru and 3 S.C.No.1157/2015 also brought C.W.9 to 13 from Aurangabad, Indore and Mumbai to Bengaluru. Further the accused No.3 had taken a house for rent situated at H.No.405, Ground floor, Jnanabharati layout, 1st Cross, which is belongs to C.W.14 and on 08.01.2014 to 21.01.2014 accused No.1 to 6 were kept C.W.1, 6 to 13 illegally in the said house and forced them to work in a casino bar and to attract the customer to earn more money by assaulting the victims by means of hand, abused them in a filthy language and threatened them with dire consequences. On 21.01.2014 the accused No.4 to 6 were took the victims in Tempo travel bearing No.KA01MK 2451 to work in a Casino bar when they reached near Jnanabharati police station, BVV Road, near Gandhi Bhavan C.W.16 along with his staff conducted raid and secured the victims and thereby the accused committed aforesaid offences.
3. Accused No.2, 3 and 6 were facing trial in this case. The case against accused No.1, 4 and 5 are split up.
4. The investigating officer has submitted charge sheet before the IX Addl. Chief Metropolitan Magistrate, Bengaluru 4 S.C.No.1157/2015 who has committed the case to the Hon'ble Principal City Civil and Sessions Judge and then this case has been made over to this court for disposal in accordance with law. The prosecution case papers and documents are furnished to accused as required under Sec.207 of Cr.P.C.
5. After hearing both prosecution and accused before charge, charge was framed against the accused No.2, 3 and 6 under Sec.323, 344, 370, 371, 504, 506 R/w 149 of IPC. The same is read over and explained to the accused in the language known to them. To which the accused No.2, 3 and 6 pleaded not guilty and claimed to be tried.
6. In order to prove the prosecution case, 9 witness have examined as P.Ws.1 to 9 and got marked Ex.P.1 and 10. After closing of the prosecution side evidence the accused statement under section 313 Cr.P.C has been recorded. After knowing the same, the accused 2, 3 and 6 have denied all the incriminating materials and circumstances as false and accused No.2, 3 and 6 have submits no defence evidence.
8. Heard the arguments of both sides. 5 S.C.No.1157/2015
9. The points that arise for my consideration are :
1. Whether the prosecution proves beyond reasonable doubt that, accused No.1 to 6 gave false assurance that they will provide good job with high salary brought the victims i.e. C.W.1,7 to 13 from Delhi, Aurangaba, Indore and Mumbai to Bengaluru and forced them to work in a Casino bar and also forced them to attract the customers to earn more money and thereby committed offence under Sec.370 and 371 R/w Sec.149 of IPC ?
2. Whether the prosecution further proves beyond reasonable doubt that, accused No.3 took a house which is belongs to C.W.14 on rent and on 08.01.2014 to 21.01.2014 the accused with an common intention wrongfully confined the victims at the said house and thereby committed offence under Sec.344 R/w Sec.149 of IPC?
3. Whether the prosecution further proves beyond reasonable doubt that, on 08.01.2014 to 21.01.2014 the accused wrongfully confined the victims and caused hurt to them by means of hands and gave physical and mental torture to the victims and thereby committed offence under Sec.323 R/w Sec.149 of IPC?
4. Whether the prosecution proves beyond reasonable doubt that, on the above said date the accused abused the victims in a filthy language and thereby committed offence under Sec.504 R/w Sec.149 of IPC?
5. Whether the prosecution proves beyond reasonable doubt that, on the above said 6 S.C.No.1157/2015 date the accused assaulted the victims by means of hand and also gave threat to them with dire consequences and thereby committed offence under Sec.506 R/w Sec.149 of IPC?
6. What order?
10. My answer to the above points are as under: Points No.1 to 5 : In the Affirmative.
Point No.6 : As per final order,
for the following:
:REASONS:
11. Points No.1 to 5: In order to prove the
prosecution case, the prosecution have examined 9 witnesses as P.W.1 to 9 and got marked Ex.P.1 to 10.
12. The allegations of the prosecution is that, accused No.1 gave false assurance to the victims that, he will provide good job with high salary and have brought C.W.1, 7 and 8 from Delhi to Bengaluru and also brought C.W.9 to 13 from Aurangabad, Indore and Mumbai to Bengaluru. Further the accused No.3 had taken a house for rent situated at H.No.405, Ground floor, Jnanabharati layout, 1 st Cross, which is belongs to C.W.14 and on 08.01.2014 to 21.01.2014 7 S.C.No.1157/2015 accused No.1 to 6 were kept C.W.1, 6 to 13 illegally in the said house and forced them to attract the customer to earn more money and to work in Casino bar by assaulting the victims by means of hand, abused them in a filthy language and threatened them with dire consequences.
13. C.W.1 Chandra Martolia the complainant is examined as P.W.2. This witness is the victim and also complainant. In her evidence she clearly and unequivocally states abouts the averments of complaint. Further she also narrated the incident which are took place when she arrive from Delhi to Bengaluru till police have conducted raid. Further she also states about all the acts done by the accused. Further this witness is the victim and she suffered a lot under the custody of accused. This witness also states about the other victim have also suffered under the custody of accused. This witness being the complainant and victim she narrated all the contents of Ex.P.2 and Ex.P.2(a) is her signature.
14. This witness also one of the witness to the spot mahazar. In her evidence she clearly narrated about the 8 S.C.No.1157/2015 drawing of mahazar as per Ex.P.1 in the house where the victims are illegally confined, the said house situated at No.405, 1st cross, Mariyappanapaly, Jnajyoti layout, Bengaluru city. Accordingly she clearly states about drawing of Ex.P.1 spot mahazar in her presence along with the presence of other witnesses.
15. During the course of cross examination counsel for the accused suggested so many suggestions regarding the identification proof of complainant and internship done by the complainant under D.K.Malahotra advocate, but this witness has denied as false and she states that she gave identity proof about she is LL.B student. Further counsel for the accused suggested that, she do not know the contents of Ex.P.2 but she also denied the same as false and she states that she know all the contents of Ex.P.2.
16. It is important to know that during the course of statement under Sec.313 of Cr.P.C accused have also not denied about they are not belongs to Casino bar. In the evidence of P.W.2 she clearly and unequivocally states that, accused No.2 also performing dance in Casino bar along with 9 S.C.No.1157/2015 other victims and encouraging the customers to regularly visit the casino bar. Further the counsel for the accused have suggested so many suggestions regarding this witness voluntarily accepted to work in casino bar. But she clearly denied all the suggestions as false.
17. C.W.2 who is the witness to the spot mahazar examined as P.W.1. In his evidence he admits his signature on Ex.P.1 as his signature as Ex.P.1(a). But he denied other suggestions put by learned PP during course of cross examination with the permission of the court. When this witness admits his signature on Ex.P.1, it shows he was present at the time of drawing of spot mahazar as Ex.P1.
18. C.W.3 Chandra is examined as P.W.3 is also one of the witness to the spot mahazar. He also admits his signature on Ex.P.1. His signature is marked as Ex.P.1(c). When he put his signature on Ex.P.1 itself presume that he was present at the time of drawing of spot mahazar. He also denied other suggestions put by learned PP during the course of cross examination.
10 S.C.No.1157/2015
19. C.W.4 and 5 are Ningegowda and H.R.Nagesh are the witnesses to the seizure mahazar respectively have been examined as P.W.4 and 5. As per the prosecution case papers police have seized the tempo, the same was used by the accused in order to transport the victims from Kengeri to Majestic where casino bar is situated. These two witnesses also admitted their signatures on Ex.P.3. The signature of these witnesses on Ex.P.3 are also marked as Ex.P.3(a) and
(b). But these witnesses have denied their presence at the time of drawing of seizure mahazar, during the cross examination on behalf of prosecution. When these witnesses have admitted their signatures on Ex.P.3 it will leads to presume that they are present at the time of drawing of Ex.P.3 and seizure of tempo. Under such circumstances there are no reasons to disbelieve the presence of P.W.4 and 5, as they were put their signature on Ex.P.3.
20. C.W.17 A.N.Manjunath PSI is examined as P.W.6. He deposed that on 22.01.2014 as per the directions of C.W.20, he, C.W.18 and 19 were came near Nagarabhavi Circle at about 5.30 p.m to secure the accused, on reliable 11 S.C.No.1157/2015 information they came near tempo taxi bearing No.KA01MK 2451 and arrested the accused No.4 to 6 and produced them before C.W.20 along with his report as per Ex.P.4. He has also identify the accused No.6 before the court.
21. During the course of cross examination the counsel for accused suggested to him that, C.W.20 has not deputed him along with C.W.18 and 19 to secure the accused and he has not arrested the accused No.6 near Nagarabhavi circle but he has secured accused No.6 from his house but he has denied all the suggestions put to him as false.
22. C.W.20 Suryapasad S the IO is examined as P.W.7. He has deposed that on 21.01.2014 at about 6.30 p.m the complainant came to the police station and lodged a complaint as per Ex.P.2. On the basis of that complaint he has registered a case in Cr.No.31/2014 and registered FIR as per Ex.P.5. He has also identified his signature on Ex.P.5 as Ex.P.5(a). Further C.W.16 had produced the 8 victims and accused No.1 to 3 before him. He has also identified the accused No.2 and 3 before the court. He has recorded the statements of C.W.6 to 13. Further on 21.01.2014 he visited 12 S.C.No.1157/2015 the spot along with accused No.2 and conducted spot mahazar as per Ex.P.1. He has also identified his signature on Ex.P.1 as Ex.P.1(d). Thereafter he produced the accused No.1 to 3 along with remand application.
23. Further he deposed that he has deputed C.W.17 to secure other accused persons and at about 6.30 p.m CW.17 secured accused No.4 to 6 and produced before him along with report as per Ex.P.4. He has also identified accused No.6 before the court. Further the vehicle bearing No.KA01MK 2451 which is used for commission of offence was seized and prepared seizure mahazar as per Ex.P.3 and reported in PF No.11/2014.
24. Further on 23.01.2014 he has recorded statement of C.W.14. He has collected the rent agreement as per Ex.P.6. He has also recorded statement of C.W.15 and collected the documents belongs to the casino bar from C.W.15. Further he has recorded statements of C.W.12 to 15 and released the seized vehicle to its owner as per the order of the court. Thereafter he has completed the investigation and filed charge sheet against the accused.
13 S.C.No.1157/2015
25. During the course of cross examination the counsel for accused has posed several suggestions to him, but he has denied all the suggestions put to him.
26. C.W.16 K.P.Satyanarayana the PI is examined as P.W.8. He has deposed that on 21.01.2014 at about 5.30 p.m as per the instruction of the higher officer and on reliable information he and his staff visited near Jnanabharati campus and found one Tempo taxi vehicle bearing No.KA01 MK2451 and he along with his staff conducted raid and found that there was 6 accused persons and 9 victims. While securing the accused persons 3 of them were escaped from the spot. He has also identified the accused No.2 and 3 before the court.
27. During the course of cross examination the counsel for accused has suggested several suggestions to him but he has denied all the suggestions put to him.
28. C.W.15 Srinivas the owner of Casino bar is examined as P.W.9. In his evidence he admits the ownership of casino bar but he has denied that he engaged the accused 14 S.C.No.1157/2015 No.2 and 3 for supervising the casino bar. But on perusal of the statement under Sec.313 of Cr.P.C. it is clear that P.W.9 engaged the accused No.2 and 3 for supervising the casino bar for improve the business.
29. It is important to note that, here in this case, P.W.2 being the victim and complainant she clearly states about the averments of complaint and she clearly narrated all the incident occurred in the casino bar and also house bearing No. 405, 1st Cross, Jagajyoti Layout, Mariyappanapalya, Bengaluru. Further she also clearly states about the illegal act of the accused. The act of the accused is causing so many social problems, regarding the female unemployees. On perusal of the evidence of P.W.1 accused are habituals in importing and exporting of engaged women, on the basis of false assurance. The P.W.2 being the unemployee she believed the false assurance of accused and caught hold in the circle of accused. Fortunately, she informed her relatives and traced to the police. Otherwise P.W.2 and other victim girls are suffering in the illegal activities of the accused. On perusal of the evidence of P.W.1 and other circumstantial evidence, 15 S.C.No.1157/2015 accused are having habit of engaging ladies by giving a false assurance and they are using innocent ladies to their illegal activities. Due to the illegal act of the accused P.W.2 and other female victim suffered a lot in physically and mentally.
23. In order to prove the guilt of the accused prosecution have produced oral and documentary evidence. The evidence of P.W.1, 3 to 4 being the witnesses to the spot and seizure mahazar they admits their signature on Ex.P.1 and 3. These facts clearly goes to show that, they were present at the time of drawing spot and seizure mahazar. Further the evidence of P.W.6 to 8 being the police officers and investigating officers they have clearly narrated the illegal act of the accused. P.W.6 to 8 being the investigating officers they have took pain while tracing the victims and accused. Accordingly due to the act of P.W.6 to 8, victims i.e. P.W.2 and other girls were saved. In the custody of accused P.W.2 and other victim girls have suffered lot physically and mentally. The evidence on record is sufficient to hold that prosecution has proved all the essential ingredients of the alleged offence under Sec.323, 344, 370, 371, 504 and 506 16 S.C.No.1157/2015 R/w Sec.149 of IPC. Nothing is elicited from the witnesses during their cross examination to disbelieve their evidence and the court is of the view that prosecution having proved the alleged commission of offence and the accused are guilty of the offence. Accordingly this court answered points No.1 to 5 in the Affirmative.
24. Point No.6: In view of my findings on points No.1 to 5, this court proceed to pass the following: ORDER Acting under Section 235(2) of Cr.P.C., the accused No.2, 3 and 6 are convicted for the offences punishable under Section 323, 344, 370, 371, 504 and 506 R/w Sec.149 of IPC.
Sentence will be passed after hearing the accused and prosecution.
(T.Govindaiah) LVI Addl.City Civil & Sessions Judge, Bengaluru.
Order regarding sentence Heard the learned PP and counsel for the accused No.2, 3 and 6 Sri.K.S. and M.B.S., on quantum of sentence.
17 S.C.No.1157/2015The accused No.2, 3 and 6 submits that they have not committed any offence and a lenient view may be taken while imposing sentence on the other hand learned Public Prosecutor submitted that prosecution has proved the charges levelled against the accused and maximum sentence be imposed.
The accused have harassed the innocent victims and the accused have intentionally misused the victims for their illegal benefit. Further the accused have forced the victims to attend the illicit activities with the customer of the casino bar. The victims are younger females and the accused have harassed the victims for their benefit. On perusal of the illegal activities of the accused they have participated in illegal activities without any mursy about victims.
Considering the nature and gravity of offences and that accused No.2, 3 and 6 are in judicial custody the following sentence is passed: ORDER The accused No.2, 3 and 6 are sentenced to under go simple imprisonment for a period of 1 years and fine of Rs.1,000/ for the offences punishable under Sec.323 of IPC. In case accused fails to pay the fine amount they shall undergo simple imprisonment for 4 months.
The accused No.2, 3 and 6 are sentenced to under go simple
imprisonment for a period of 1 years and fine of Rs.1,000/ for the offences 18 S.C.No.1157/2015 punishable under Sec.344 of IPC. In case accused fails to pay the fine amount they shall undergo simple imprisonment for 4 months.
The accused No.2, 3 and 6 are
sentenced to under go simple
imprisonment for a period of 3 years and fine of Rs.3,000/ for the offences punishable under Sec.370 of IPC. In case accused fails to pay the fine amount they shall undergo simple imprisonment for 1 year.
The accused No.2, 3 and 6 are
sentenced to under go simple
imprisonment for a period of 3 years and fine of Rs.3,000/ for the offences punishable under Sec.371 of IPC. In case accused fails to pay the fine amount they shall undergo simple imprisonment for 1 year.
The detention already under gone by the accused No.2, 3 and 6 shall be given set off.
The sentence of accused No.2, 3 and 6 shall run concurrently.
Free copy of the judgment shall be given to the accused.
(Dictated to the Stenographer directly on computer, corrected, and then pronounced by me in the Open Court on this the 29th day of June , 2022) (T.Govindaiah) LVI Addl.City Civil & Sessions Judge, Bengaluru.
19 S.C.No.1157/2015: ANNEXURE :
1. List of witnesses examined by prosecution.
P.W.1 C.W.2 Ramakrishna P.W.2 C.W.1 Chandra Mortolia P.W.3 C.W.3 Chandra P.W.4 C.W.4 Ningegowda P.W.5 C.W.5 H.R.Nagesh P.W.6 C.W.17 A.N.Manjunath P.W.7 C.W.20 Suryaprakash S. P.W.8 C.W.16 K.P.Sathyanarayan P.W.9 C.W.15 Srinivas
2. List of witnesses examined by defence.
Nil
3. List of documents marked by prosecution.
Ex.P.1 Spot mahazar
Ex.P.1(a) Signature of P.W.1
Ex.P.1(b) Signature of P.W.2
Ex.P.1(c) Signature of P.W.3
Ex.P.1(d) Signature of P.W.7
Ex.P.2 Complaint
Ex.P.1(a) Signature of P.W.2
Ex.P.1(b) Signature of P.W.7
Ex.P.3 mahazar
Ex.P.3(a) Signature of P.W.4
Ex.P.3(b) Signature of P.W.5
Ex.P.3(c) Signature of P.W.7
Ex.P.4 Requisition letter
Ex.P.4(a) Signature of P.W.6
Ex.P.5 FIR
Ex.P.5(a) Signature of P.W.7
20 S.C.No.1157/2015
Ex.P.6 Rental agreement
Ex.P.6(a) Signature of P.W.7
Ex.P.7 to 9 Documents relating to bar and permission
letter
Ex.P.7(a) to 9(a) Signature of P.W.7 Ex.P.10 Statement of P.W.9
4. List of documents by defence.
Nil
5. List of material objects marked by prosecution.
Nil LVI Addl.City Civil & Sessions Judge, Bengaluru.
21 S.C.No.1157/2015
29.06.2022
St PP Accused No.3 and 6 are
A2 - K.S. present. Accused No.2 absent. EP
A3 - M.B.S. filed under Sec.353(6) of Cr.P.C. A6 - B.S.M. Heard and allowed.
Sri.Counsel for the accused produced affidavit of accused No.3 and 6 and xerox copy of discharge summary and submits lenient view may be taken while imposing sentence.
Pronounced order on sentence in open Court. (Vide separate order) ORDER The accused No.2, 3 and 6 are sentenced to under go simple imprisonment for a period of 1 years and fine of Rs.1,000/ for the offences punishable under Sec.323 of IPC. In case accused fails to pay the fine amount they shall undergo simple imprisonment for 4 months.
The accused No.2, 3 and 6 are sentenced to under go simple imprisonment for a period of 1 years and fine of Rs.1,000/ for the offences punishable under Sec.344 of IPC. In case accused fails to pay the fine amount they shall undergo simple imprisonment for 4 months.
The accused No.2, 3 and 6 are sentenced to under go simple imprisonment for a period of 3 years and fine of Rs.3,000/ for 22 S.C.No.1157/2015 the offences punishable under Sec.370 of IPC. In case accused fails to pay the fine amount they shall undergo simple imprisonment for 1 year.
The accused No.2, 3 and 6are sentenced to under go simple imprisonment for a period of 3 years and fine of Rs.3,000/ for the offences punishable under Sec.371 of IPC. In case accused fails to pay the fine amount they shall undergo simple imprisonment for 1 year.
The detention already under gone by the accused No.2, 3 and 6 shall be given set off.
The sentence of accused No.2, 3 and 6 shall run concurrently.
Free copy of the judgment shall be given to the accused.
LVI Addl.City Civil & Sessions Judge, Bengaluru.
23 S.C.No.1157/2015