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Bangalore District Court

State By Sub-Inspector Of Police vs Narayanappa on 11 June, 2018

IN THE COURT OF LVI ADDL. CHIEF METROPOLITAN
          MAGISTRATE, BENGALURU.


       PRESENT: SRI.HATTIKAL PRABHU.S.
                                M.A.,LL.B(Spl) LL.M.,

       DATED THIS THE 11th DAY OF JUNE, 2018

             C.C. NO.19100/2003


 Complainant State by Sub-Inspector of Police
             Malleshwaram Police station

                   -Vs-

 Accused          1. Narayanappa,
                  S/o. Dhalappa,
                  R/o. No.2, 18th Block,
                  Anandh Rao Circle,
                  Police Quarters,
                  Bengaluru.

                  2. K.N.Venkatesh,
                   (The   case   against  the
                  accused No.2 is split up in
                  CC.No.15687/2018)

                  3. T.N.Sathyanarayana,
                  S/o. T.Narayanappa,
                  Aged about 25 years,

                  4.T.S.Ravichandra,
                  S/o. T.Narayanappa,

                  The accused No.3 and 4 are
                  residing at No.385, 30th Main,
                  BTM Layout, 2nd Stage,
                  Nanjappa Reddy Layout,
                  Bengaluru.
                            2               C.C.19100/2003


The date          of
commission        of 02/11/2002
the offence :


Name    of      the Sri.Lakshminarayana
informant        of
crime :


The      offences U/sec.324, 506 r/w 34 of IPC.
complained of:
Date of arrest of Accused No.1, 3 and 4 are not
accused:          arrested, surrendered before
                  the court on 23/03/2005.
                  Accused No.2 is not arrested,
                  surrendered before the court
                  on 11/12/2007.


Date of release on A.1, A.3 & A.4: 23/03/2003
bail :                 A.2: 11/12/2007
Commencement
of      recording
                          Nil
prosecution
evidence:

Closure           of
recording
                           Nil
evidence:

State represented Sr.Asst.Public Prosecutor
by :

Accused                Sri.Anandh.C.M..... Adv
represented by:

Plea   of     the
accused and his Pleaded not guilty
examination :
                                   3                  C.C.19100/2003




     Final Order :         Accused acquitted



                           JUDGMENT

(U/S 355 Cr.P.C) Sub-Inspector of Police of Malleshwaram police station filed this charge sheet against the accused, in Crime No.405/2002, for the offences punishable under Section 324, 506 r/w 34 of IPC.

2. The brief facts of the prosecution case runs thus;

That on 02/11/2002 at about 10.30 AM near East Gate of K.C.General Hospital, the accused No.1 to 4 abused the CW.1-Lakshminarayana in filthy language and assaulted him with hands and stone and caused simple bleeding injuries and put life threat to him and thereby the accused committed the above said offences.

3. After submitting the charge sheet, cognizance of the alleged offences is taken and 4 C.C.19100/2003 criminal case against the accused came to be registered.

4. The accused No.1 to 4 appeared and enlarged on bail and they are represented by their Counsel. The Section 207 of Cr.P.C. complied. Accused No.2 remained absconding, as such the criminal case against him was ordered to split up and separate criminal case is registered in C.C.No.15687/2018.

5. The charge is framed and read over to the accused no.1, 3 and 4. The accused pleaded "not guilty" and claimed to be tried. Hence the matter is posted for recording evidence on behalf of prosecution.

6. On behalf of prosecution, no oral evidence has been adduced and no documents are got marked.

7. Since there is no evidence of prosecution against the accused, recording the statement of the accused under Section 313 Cr.PC is dispensed with. The accused did not choose to adduce defense evidence.

8. I have heard the arguments.

9. The following point that arise for my consideration is:

Whether the prosecution proves the alleged guilt of the accused beyond all reasonable doubts?

My finding on the above point is in the Negative for the following:

REASONS

10. Point No.1: The prosecution failed to secure CW.1 to 6 and 8. CW.7 is dead. Repeatedly NBW was issued against CW.1 to 6 and 8 and NBW was issued through DCP also. Proclamation was also issued against the CW.1 to 5, U/s.82 of Cr.P.C. Sufficient opportunities has been given to 6 C.C.19100/2003 prosecution to secure the said witnesses. As per order dated 28/05/2018 prayer of Sr.A.P.P. to issue NBW to CW.1 to 6 and 8 is rejected and examination of CW.1 to 6 and 8 is dropped. For one or the other reasons the witnesses could not be secured. Sufficient opportunities has been given to prosecution to secure the witnesses. Even then prosecution failed to secure the witnesses.

11. In the decision In the decision reported in ILR 2000 Kar 900 (State of Kar v/s Lakshmappa & Others) Double bench of Hon'ble High Court of Karnataka held as under:-

"Prosecution not producing injured witnesses even though non- bailable warrants had been issued- case ended in acquittal. In appeal by the State the High Court refused to reopen the case observing that opportunity to lead evidence will be given to the prosecution only once".

I perused the said decision, the law laid down in the said decision is aptly applicable to the case on hand.

12. In this present case on hand, the witnesses could not be secured for one or the other reason. Even after giving sufficient opportunities, the prosecution failed to secure the witnesses. Adjournment would cause prejudice to the rights of the accused. As such prosecution evidence is taken as Nil.

13. After going through the entire material available on the record, this court comes to the clear conclusion that the prosecution failed to bring home the guilt of the accused. With this view I answer above said point in the negative and pass the following;

ORDER Acting under Section 248 (1) of Cr.P.C., I hereby acquit the accused No.1, 3 and 4, for the offences punishable under Section 324, 506 r/w 34 of IPC.

The accused No.1, 3 and 4 are set at liberty forth with. The bail bonds of accused and that of surety stand cancelled.

Keep the entire record in CC No.15687/2018 which is pending against accused No.2.

(Typed to my online dictation by the Typist, corrected and then pronounced by me in the open court this the 11th day of June, 2018.) (HATTIKAL PRABHU .S) LVI Addl.C.M.M. Bengaluru.

:ANNEXURE:

1.List of Witnesses examined on behalf of the prosecution:

P. Ws: Nil

2.List of Documents marked on behalf of the prosecution:-

Ex.Ps: 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 (Hattikal Prabhu.S) LVI Addl.C.M.M. Bengaluru.

Judgment pronounced in the open court.

ORDER Acti Acting under Section 248 (1) of Cr.P.C., I hereby acquit the accused No.1, 3 and 4, for the offences punishable under Section 324, 506 r/w 34 of IPC.

The accused No.1, 3 and 4 are set at liberty forth with. The bail bonds of accused and that of surety stand cancelled.

Keep the entire record in CC No.15687/2018 which is pending against accused No.2.

(Vide separate order) (Hattikal Prabhu .S) LVI Addl.C.M.M. Bengaluru.

The accused No.1, 3 and 4 are directed to execute personal bond for sum of Rs.10,000/-each, for her appearance before appellate Court, if necessary, as contemplated in Sec.437(A) of Cr.P.C.

(HATTIKAL PRABHU.S) LVI ADDL. C.M.M, BENGALURU.