Bangalore District Court
State By Jp Nagara vs Nithyananda on 1 October, 2022
KABC030264562020
IN THE COURT OF THE 30TH ADDL.CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
Dated: This the 1st day of October, 2022
:Present: Sri. I.P.Naik, B.A., LL.B.(Spl),
30th ACMM, Bengaluru
Judgment U/s.355 of Cr.P.C.
C.C.No. 6010/2020
Date of Offence 22.01.2018
Complainant State by JP Nagara, Police Station.
V/s.
Accused 1-Nithyananda,
S/o.Late.Prakash,
Aged about 28 years.
R/at.4th Cross,
Near Indian Petrol Bunk,
Near Gopalan Mall,
Rajarajeshwari Nagara,
Mysore Road,
Bengaluru City,
Karnataka.
2- Chetan Kumar,
3- Muruli Murthy,
2 C.C.No.6010/2020
(Case against A2 & A3 split up)
Offences U/s.420, 384 r/w. 34 of IPC.
Plea Recorded on 24.03.2022 and
accused person Pleaded not guilty.
313 Statement recorded on: On 19.09.2022
Final Oder Accused No.1 is acquitted
Date of Order 01-10-2022
*****
JUDGMENT
The PSI of JP Nagara Police Station has filed charge sheet against accused persons for the offences punishable U/s.420, 384 r/w. 34 of IPC.
2. The brief facts of the prosecution case are as follows:
It is alleged that, accused with an intention to cheat the general public posted on google website, regarding Ayurvedic massage center, when CW1 on 29.7.2019 at about 1.30pm made a call to accused and accused persons called him to Central mall at about 3.00pm, behind ragi gudda temple, KSRTC Layout, 2 nd Main 3 C.C.No.6010/2020 Road, SLV Towers, Sonam building and when CW1 came there, accused with an intention to grab money from the CW1 threatened him and received Rs.12,000/- from CW1 and in furtherance of the common intention have caused exortion to cheat the CW1 and thereby committed the aforesaid offences. In this regard, CW1 lodged complaint before the jurisdictional police. During the course of investigation, I.O. visited the place of incident, drawn spot mahazar in the presence of the witnesses, recorded the statement of witnesses and after completion of investigation filed charge sheet against accused person for the aforesaid offences.
3. On the basis of charge sheet and other materials cognizance taken and case is registered against accused persons.
4. The copies of the prosecution papers have been furnished to the accused persons as required under Sec.207 of Cr.P.C. Accused no.2 & 3 remained absent before the court. Hence, case against the accused No.2 & 3 is split up and ordered to register separate case against the accused No. 2 & 3.
4 C.C.No.6010/2020
5. The charge is framed, contents of charge have been read over and explained to the accused in the language known to them, they pleaded not guilty and claimed to be tried, hence, the prosecution is called upon to prove its case.
6. In order to prove the guilt of the accused persons, prosecution has examined 4 witnesses as PW1 to PW4 and 10 documents are got marked as Ex.P.1 to P.10. In order to secure other witnesses issued Summons, NBW and Proclamation. But the concerned police failed to secure these witnesses. Finally this court opined that there is no meaning in reissuing of Summons, NBW and Proclamation. Accordingly, prayer of learned Sr.APP is rejected and other remaining witnesses are dropped.
7. After that, accused is examined U/s.313 of Cr.P.C., accused denied the incriminating evidence in the prosecution case. He has not chosen to lead his side evidence not marked any document on his behalf.
5 C.C.No.6010/2020
8. Heard both the side and perused the material evidence on record.
9. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, accused with an intention to cheat the general public posted on google website, regarding Ayurvedic massage center, when CW1 on 29.7.2019 at about 1.30pm made a call to accused and accused persons called him to Central mall at about 3.00pm, behind ragi gudda temple, KSRTC Layout, 2nd Main Road, SLV Towers, Sonam building and when CW1 came there, accused with an intention to grab money from theCW1 threatened him and received Rs.12,000/- from CW1 and thereby committed an offence punishable U/s. 420 of IPC., within my cognizance. ?6 C.C.No.6010/2020
2. Whether the prosecution proves beyond reasonable doubt that, on the above said date, time, place in furtherance of the common intention have caused exortion to cheat the CW1 and thereby accused committed the offence punishable U/s.384 of IPC, within my cognizance.
3. What order.?
10. My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
Point No.2 : IN THE NEGATIVE
Point No.3 : As per final order
......................... for the following.., REASONS
11. Point No.1 & 2 :-According to prosecution case, PW1 is witnesses to seizure mahazar dated 28.9.2019. PW2 Suman is also witnesses to seizure mahazar inrespect of seizing two wheeler. PW3- 7 C.C.No.6010/2020 PC- Kariyappa Malappa Gurogo who has caught hold the accused persons on the credible information and produced him before the IO.
12. PW4-PSI Somappa Godi is investigating officer of this case. According to oral evidence on 5.9.2019 at about 5.00pm CW1 lodged the complaint before him. Based on that he has registered the case against the accused persons and forwarded the FIR to this court. Thereafter, he has rushed to the spot and conducted the mahazar and recorded the statement of Pw2 and PW3.
13. Further on 9.9.2018 his staff have caught hold the accused persons based on the credible information CW3 caught hold the accused and produced before him. Thereafter, they have seized the vehicle and recovered the same by drawing the mahazar under P.F.NO.110/2019 and also seized the amount. Thereafter, arrested the accused No. 2 & 3 on 19.2.2020, after completing other formalities, he has submitted charge sheet against the accused persons.
8 C.C.No.6010/2020
14. In this case, CW1- Jagadish is victim of this case, PW2- Dinesh Kumar and CW3-Jagan are witnesses to the alleged incident. CW6- shahul and CW7-Keshava are witnesses to the SO mahazar.
15. In order to secure these witnesses this court issued Summons, NBW and Proclamation, inpsite of that, the concerned police failed to secure these witnesses. These witnesses are material witnesses to the prosecution case. But the concerned police did not secure these witnesses. Finally this court opined that there is no meaning in reissuing of Summons, NBW and Proclamation. Accordingly, prayer of learned Sr.APP is rejected and other remaining witnesses are dropped.
16. Ocular evidence of PW1 and PW2 relates to seizure of articles and SO mahazar. The oral testimony of PW4 relatives to caught hold of the accused. PW4 is is IO. The main witnesses are not examined in this case. It is fatal the prosecution case. Under such circumstances or formally evidence is not at all helpful to the 9 C.C.No.6010/2020 prosecution case to prove the guilt of the accused persons beyond reasonable doubt. By considering all these aspects, it is held that, prosecution failed to prove the guilt of the accused persons beyond reasonable doubt. Accordingly, Point No.1 & 2 are answered in the Negative.
17. Point No.3: In view of the Negative findings on the above point No.1 & 2, I proceed to pass the following:-
ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused No.1 is acquitted of the alleged offences punishable U/s.420, 384 of IPC.
The bail bond of accused person and surety extended for further 6 months in order to comply Sec.437 (a) of Cr.P.C. Thereafter, this bail bond automatically stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
Office is directed to keep this entire original file with split up case bg.No.21320/2022, registered against accused No.2 & 3.
(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 1 st day of October 2022).
(I.P Naik.) 30 th A.C.M.M., B'lore.10 C.C.No.6010/2020
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION:
P.W. 1 : Suman
P.W. 2 : Shahul
P.W. 3 : Kareappa Malappa Gonavagol
P.W. 4 : Somappa Godi
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Mahazar
Ex.P.2 : Complaint
Ex.P.3 : FIR
Ex.P.4 : Mahazar
Ex.P.5 : Report
Ex.P.6 & 7 : Photos
Ex.P.8 : Photo
Ex.P.9 : Report
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE:
NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION:
NIL Digitally signed by I (I.P.Naik) IP P NAIK Date:
30th Addl.C.M.M., B'lore.NAIK 2022.10.01 16:06:07 +0530 11 C.C.No.6010/2020 Judgment pronounced in Open Court vide separate:-
ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused No.1 is acquitted of the alleged offences punishable U/s.420, 384 of IPC.
The bail bond of accused person and surety extended for further 6 months in order to comply Sec.437 (a) of Cr.P.C. Thereafter, this bail bond automatically stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
Office is directed to keep this entire original file with split up case bg.No.21320/2022, registered against accused No.2 &
3. (I.P.Naik) 30 th Addl.C.M.M., B'lore.12 C.C.No.6010/2020