Bangalore District Court
Mahesh vs Mahesh Kumar Banasal on 26 November, 2025
KABC030509972020
IN THE COURT OF THE IX ADDL.CHIEF JUDICIAL
MAGISTRATE, AT BENGALURU CITY.
C.C.No.13347/2020
PRESENT: Sri.Vinod Balnaik
B.A. LL.B (Spl.)
IX Addl.C.J.M., Bengaluru City.
DATED THIS THE 26th DAY OF NOVEMBER 2025
COMPLAINANT:-
The State of Karnataka,
through PI of KR Puram PS.
(By Sr. Asst. Public Prosecutor)
// Versus //
ACCUSED:-
Sri. Mahesh Kumar Bansal,
S/o Shivanarayana Bansal,
Age 75 years,
Rajahans Build Hab Shop,
Shop No.3 & 4,
Markondanahalli Main Road,
KR Puram,
Bengaluru City.
(By Sri.M.C.V. - Advocate)
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C.C.No.13347/2020
1. Date of Commencement of : 16.03.2020
Offence.
2. Date of Report of Offence : 16.03.2020
3. Name of Complainant : Sri. Mahesh
4. Offences Complained U/sec. : U/sec. 63 of Copy Right Act
and Sections 420 , 511 of I.P.C.,
5. Opinion of the Judge : Accused found not guilty.
JUDGMENT
This is a charge sheet filed by the PI of KR Puram P.S. against the accused for the offences punishable U/sec. 63 of Copy Right Act and Sections 420 , 511 of I.P.C.,
02. The brief facts of the prosecution case is that, on 16.03.2020 at about 5.30 pm., within the limits of KR Puram Police Station, situated at No.35A and 3 and 4 of Rajahans Build Hub, Mangondanahalli Main Road, Bengaluru, the accused was selling of spurious/counterfeit Birla White Wall Care Putty and Birla White Cement of CW.1 & 2 without obtaining any permission from company authority and selling duplicate products to the public at large and thus the accused has committed the offences punishable U/sec. 63 of Copy Right Act and Sections 420 , 511 of I.P.C.,
03. After filing of charge sheet, this court took cognizance for the offences punishable U/sec.63 of Copy Right Act and 420 of 3 C.C.No.13347/2020 IPC and issued summons to the accused. Accordingly the accused appeared before the court through their counsel. Later on, charge sheet copies and prosecution papers were furnished to the accused under Sec.207 of Cr.P.C.
04. Heard both side on framing of charge, perused the prosecution papers. As there are sufficient materials to frame the charge against the accused, the charges has been framed and the same were read over to him, but he pleaded not guilty and claimed for trial. Hence the case was posted for prosecution evidence.
05. The prosecution in order to prove its case has not examined any of the witnesses, in spite of repeated issuance of NBW and proclamation against CW.1 to 7 the concerned agency failed to execute the same to the said witnesses and bring them before this court, hence prayer of learned Sr.APP is rejected. CW.1 to 7 were dropped and closed the side of the prosecution evidence, as there is no incriminating circumstances against the accused. Hence, the accused statement U/Sec.313 of Cr.P.C. is dispensed with and posted for judgment.
06. In order to prove the guilt of the offence as alleged against the accused by the prosecution, the prosecution has not at all examined any one of the witnesses. It is relevant to note that, the 4 C.C.No.13347/2020 prosecution has cited 7 witnesses. In spite of issuance of summons warrant against the CW.1 to 7 the prosecution has utterly failed to secure the presence of CW.1 to 7. Though this Court issued coercive process of witness warrant against CW.1 to 7, they have not appeared before the court. Therefore, this Court dropped out CW.1 to 7. Therefore, this Court proceed in accordance with law. Hence, prosecution has utterly failed to prove the guilt of the offences as alleged against the accused persons beyond reasonable doubt. Thereby accused are entitled for the benefit of doubt. Hence, I proceed to pass following;
ORDER By exercising powers conferred U/sec.248(1) of Cr.P.C., the accused is acquitted for the offences punishable U/sec. 63 of Copy Right Act and Sections 420 , 511 of I.P.C., The bail bond and surety bond of the accused shall continue in force for a period of 6 months for the purposes of section 437(A) of Cr.P.C.
The accused is set at liberty.
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C.C.No.13347/2020 The properties reported in PF No.37/2020 i.e., Birla White care cement bags are ordered to be destroyed as worthless after appeal period is over.
(Dictated Dictated to the stenographer directly on computer, corrected and then pronounced by me in the open court this 26th day of November 2025).
2025 (Sri Vinod Balnaik) IX Addl.Chief Judicial Magistrate, Bengaluru City.
ANNEXURE List of witness examined on behalf of the prosecution:-
--------NIL-----------
List of witnesses examined on behalf of the accused:-
--------NIL-----------
List of documents marked on behalf of the prosecution:-
--------NIL-----------
List of documents marked on behalf of the accused:-
--------NIL-----------
Material objects marked on behalf of the prosecution:
--------NIL-----------
IX Addl. Chief Judicial Magistrate, Bengaluru City.6
C.C.No.13347/2020 26.11.2025 Order Judgment pronounced in the open court (Vide separate order).
ORDER By exercising powers conferred U/sec.248(1) of Cr.P.C., the accused is acquitted for the offences punishable U/sec. 63 of Copy Right Act and Sections 420 , 511 of I.P.C., The bail bond and surety bond of the accused shall continue in force for a period of 6 months for the purposes of section 437(A) of Cr.P.C.
The accused is set at liberty.
The properties reported in PF No.37/2020 i.e., Birla White care cement bags are ordered to be destroyed as worthless after appeal period is over.
IX A.C.J.M. Bengaluru City.