Bangalore District Court
Subramanyapura Police Station vs Sandesh T on 31 January, 2024
1 C.C.No.27687/2023
KABC030484982023
Presented on : 27-10-2023
Registered on : 27-10-2023
Decided on : 31-01-2024
Duration : 0 years, 3 months, 4 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY
Dated this 31st day of January 2024
PRESENT : SRI.VEDAMOORTHY B.S. B.A.(L), LL.B.
II Additional Chief Metropolitan Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.27687/2023 Date of commission of the
2. 22.07.2023 offence (As per F.I.R.) Subramanyapura Police
3. Name of the complainant Station, Bengaluru City.
4. Name of the accused 1. Sandesh T., S/o Thukaram, Aged about 28 years, R/at No.16, 3rd Cross, Kabbaleshwari Nilaya, Uttarahalli, Bengaluru City-560061.
2. Lokesh D., S/o Dhanapal Krishna, Aged about 34 years, R/at No.17/2, 4th Cross, 2 C.C.No.27687/2023 Anjaneya Temple Street, Uttarahalli, Bengaluru City-560061.
3. Darshan T., S/o Thukaram, Aged about 26 years, R/at No.16, 3rd Cross, Kabbaleshwari Nilaya, Uttarahalli, Bengaluru City-560061.
4. Tukaram Manju, S/o Late H.Chikkanna, Aged about 58 years, R/at No.16, 3rd Cross, Kabbaleshwari Nilaya, Uttarahalli, Bengaluru City-560061.
5. Dhanapal Krishna, S/o Late H.Chikkanna, Aged about 59 years, R/at No.17/2, 4th Cross, Anjaneya Temple Street, Uttarahalli, Bengaluru City-560061.
Sections 326, 341, 354A, 504, The offences complained
5. 506 and 509 R/w Section 34 of of the Indian Penal Code
6. Plea of the accused Pleaded not guilty The accused persons are
7. Final order acquitted
8. Date of order 31.01.2024 The Police Sub-Inspector of Subramanyapura Police Station, Bengaluru City has filed Police Report against the 3 C.C.No.27687/2023 above named accused accused persons alleging that they have committed the offences punishable under Sections 326, 341, 354A, 504, 506 and 509 R/w Section 34 of the Indian Penal Code.
2. The Prosecution case in brief is that there is a dispute between the children of late Chikkanna i.e. accused No.4 and 5 and CW3 in the matter of the partition of the land bearing Sy.No.98/1 of Uttarahalli Hobli, Bengaluru within the territorial limits of Subramanyapura Police Station, Bengaluru City and there is a Court order to maintain status- quo in respect of the said property. On 22.07.2023, as the drainage was blocked in the sheds constructed in the site No.98/4 belongs to CW3, he was repairing it. At 2.30 p.m., when CW1 was closing the pit made to the drainage, the accused persons abused her in filthy languages; accused No.2 shown his private part to CW1 by opening his pant zip; accused No.1, 3 and 5 have voluntarily caused simple hurt to CW1 with wooden piece; when CW2 and CW3 came to pacify the quarrel, accused No.1, 3 and 5 have assaulted them with hands and cement brick; thereafter, accused No.2 and 4 have 4 C.C.No.27687/2023 voluntarily caused simple hurt to CW2 and CW3 by kicking with their legs and gave life threat. Thereby, the accused persons have has committed the offences punishable under Sections 326, 341, 354A, 504, 506 and 509 R/w Section 34 of the Indian Penal Code.
3. Based on the First Information of CW1, the crime was registered in Crime No.234/2023 at Subramanyapura Police Station. During investigation, accused No.1 to 5 have appeared before this Court and enlarged on bail. On completion of the investigation, the Police Sub-Inspector of Subramanyapura Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 326, 341, 354A, 504, 506 and 509 R/w Section 34 of the Indian Penal Code. After taking cognizance of the said offences and registering the Criminal Case, the process was issued to the accused persons. They have appeared before this Court. The copies of the Police Report and other prosecution papers are furnished to the accused persons under Section 207 of Cr.P.C. After hearing, since there were grounds for presuming 5 C.C.No.27687/2023 that the accused persons have committed offences triable by this Court, charges for the offences punishable under Sections 323, 326, 341, 354A, 504, 506 and 509 R/w Section 34 of the Indian Penal Code have been framed and read over to the accused persons in Kannada language. They have pleaded not guilty and claims to be tried.
4. To prove the charges framed against the accused persons, out of 11 witnesses cited in the Police Report, the prosecution has produced the oral evidences of Five witnesses as PW1 to PW5. Among them, PW1 Nethravati is the First Informant, Mahazar and the injured witness. PW2 Vikram Naik and PW3 Srinivasa Murthy are the victim witnesses. PW4 Ranganath H. and PW5 Chaya Kumari are the eyewitnesses of the incident. The prosecution has also produced the documentary evidences in Ex.P1 to Ex.P7. Among them, Ex.P1 is the First Information, Ex.P2 is the Spot Mahazar, Ex.P3 is the Statement of PW1 and Ex.P4 to Ex.P7 are the Witness Statements.
6 C.C.No.27687/2023
5. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witnesses against the accused persons, the examination of the accused persons under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned Counsel for the accused persons. Perused the materials available on record.
6. The points for determination are;
1. Whether prosecution has proved the offences charged against the accused persons for the offences punishable under Sections 323, 326, 341, 354A, 504, 506 and 509 R/w Section 34 of the Indian Penal Code beyond reasonable doubts?
2. What order or sentence?
7. My answers to the above points are as follows:
Point No.1 : In the Negative,
Point No.2 : As per final order for the following;
REASONS
8. POINT No.1 :- As per the case of the prosecution, based on Ex.P1 given by PW1, the crime has been registered in 7 C.C.No.27687/2023 Crime No.234/2023 and on investigation, since, there are evidences collected by the Investigation Officer to prosecute the accused for the offences punishable under Sections 326, 341, 354A, 504, 506 and 509 R/w Section 34 of the Indian Penal Code, the Police Report was filed. In the First Information - Ex.P1, there are statements of PW1 with regard to the alleged incident committed by the accused persons. PW1 during her examination-in-chief has deposed that no quarrel was taken place between them and the accused persons; since there were some petty differences between them in property matter and the accused persons, she gave First Information as per Ex.P1; she does not know its contents; she does not know the contents of Ex.P2; she signed the said document at Police Station; the police have not conducted any Mahazar at the place of incident in her presence; the Police have not seized anything in her presence by conducting Mahazar as per Ex.P2; and she and PW2 and PW3 have not obtained any treatment at Hospital alleging that they have sustained injuries as a result of the assault by the accused persons; she identified her signature in Ex.P3; 8 C.C.No.27687/2023 she does not remember its contents and she signed it at Court. She has been considered as hostile witness and cross- examined at the request of the prosecution. During cross- examination, she has denied the incident as narrated in Ex.P1; she gave Ex.P1; she, PW2 and PW3 have obtained treatment at Victoria Hospital for the injuries sustained in the alleged incident; on 24.07.2023 between 10.30 and 11.40 a.m., the Police have conducted Mahazar at the place of incident as per Ex.P2 at the place shown by her in the presence of the witnesses; obtained her signature on it; seized repease patti, stone and chudidhar. Nothing has been elicited in her cross-examination supporting the case of the prosecution.
9. PW2 and PW3 have deposed in their examination-in- chief that no quarrel was taken place between them and the accused persons; as there were some dispute between them in property matter, they gave statements against the accused persons; the accused persons have not assaulted them and PW1 and they have not obtained any treatment at hospital alleging that the accused persons have assaulted them. PW4 9 C.C.No.27687/2023 and PW5 have also deposed in their examination-in-chief that they have not witnessed the incident and they have not given any Statements to the Police. PW2 to PW5 have also been treated as hostile witnesses and cross-examined at the request of the Prosecution. During their cross-examination, they have denied the contents of their Witness Statements. The denied portion of their Witness Statements are marked as Ex.P4 to Ex.P7 respectively.
10. On perusal of the above evidences, it appears that the First Informant, the injured and the eyewitnesses PW1 to PW5 have deposed not supporting the case of the Prosecution. They have deposed in their cross-examination that they and the accused persons have compromised the matter between them. Therefore, if the evidences of the other prosecution witnesses are recorded, no purpose will be served. For this reason, the evidences of the other prosecution witnesses are dropped. Under these circumstances, I am holding that the Prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 323, 326, 341, 354A, 504, 506 10 C.C.No.27687/2023 and 509 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
11. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 323, 326, 341, 354A, 504, 506 and 509 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Therefore, the accused persons are not found guilty for the aforesaid offences charged against them. In the result, I proceed to pass the following;
ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 323, 326, 341, 354A, 504, 506 and 509 R/w Section 34 of the Indian Penal Code.
Their bail bonds and surety bonds executed under Section 437 of Cr.P.C. will be in force till conclusion of appeal period and they shall stand canceled after appeal period.
11 C.C.No.27687/2023
Since the properties seized and
reported under PF No.105/2023 are
worthless, they are ordered to destroy after appeal period.
(Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 31.01.2024) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Nethravathi,
PW2 : Vikram Naik,
PW3 : Srinivas Murthy,
PW4 : Ranganath H.,
PW5 : Chaya Kumari.
Documents marked on behalf of Prosecution :-
Ex.P1 : First Information,
Ex.P1(a) : Signature,
Ex.P2 : Spot Mahazar,
Ex.P2(a) : Signature,
Ex.P3 : Statement,
Ex.P3(a) : Signature,
12 C.C.No.27687/2023
Ex.P4 to 7 : Witness Statements.
Material objects marked on behalf of Prosecution :-
NIL Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.