Bangalore District Court
Adugodi P.S vs A1 Muvesh on 3 February, 2025
KABC010123922022
Presented on : 29-04-2022
Registered on : 30-04-2022
Decided on : 03-02-2025
Duration : 2 years, 9 months, 4 days
IN THE COURT OF LXVI ADDL CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH-67)
PRESENT
SHRI. JAYAPRAKASH A.
B.A.L., L.L.M.,
LXVI Addl. City Civil & Sessions Judge,
Bengaluru.(CCH-67)
Dated this the 3rd day of February, 2025
S.C.No. 871/2022
COMPLAINANT : State by Adugodi Police Station,
Bengaluru.
(By Public Prosecutor.)
/Vs/
ACCUSED : A1 - Muvesh,
S/o Mugil Vannannan.
Aged about 37 years,
R/at No.116,
Rudrappa Garden,
Vivek Nagar,
Bengaluru.
A2 - Hemanth.
S/o Venkatesh,
Aged about 32 years,
2 S.C.No.871/2022
R/at No.564, 18th Cross,
LR Nagar, Koramangala,
Bengaluru.
A3 - Ravichandra,
S/o Puttanna,
Aged about 32 years,
R/at No.466, 14th Cross,
LR Nagar, Koramangala,
Bengaluru.
A4 - Bharath.
S/o Srinivas,
Aged about 32 years,
R/at No.28, Saraswathipuram,
2nd Cross, Halsooru,
Bengaluru.
A5. Praveen,
S/o Sanjeeva Murkat,
Aged about 35 years.
R/at Hosur Main Road,
Nanjappa Layout Adugodi,
Bengaluru 560 030.
(By A1 - Sri.TS, A2 - Sri.NSN, A3 & 4
- Sri.MKR, A5 - Sri.MA, Advocates)
DATE OF:
Occurrence of offence : 21/07/2021
Commencement of trial : 19/08/2024
Closing of trial : 21/08/2024
3 S.C.No.871/2022
Name of the complainant: Sri.Nagaraj - ASI
Offence alleged : Under Section 399, 402 of IPC
& Section 25-(1B)(B) read with
Section 4 of Arms Act.
Opinion of the judge : Charge leveled against the
accused are not proved.
Sentence or order : Acquitted of the offence
punishable under section
399, 402 of IPC and Section
25(1B)(B) read with section
4 of Arms Act.
JUDGMENT
The Adugodi police have filed charge sheet against the accused No.1 to 5 for the offence punishable under sections 399, 402 of Indian Penal Code and Section 25(1B)(B) read with Section 4 of Arms Act.
2. The brief facts of the prosecution case is that on 21/07/2021 at about 8:15 a.m. CW-1/Nagaraj received a credible information to the effect that 4-5 persons are gathered near Samatha Nagara, Dhobi Ghat within the jurisdiction of Adugodi police station armed with deadly weapons and making preparation to commit dacoity. On the basis of the said information when CW-1 along with his staff and panchas went to 4 S.C.No.871/2022 the spot got confirmed the information and surrounded the accused No.1 to 5 and taken them into custody. On enquiry they came to know that the name of the persons apprehended by them are Muvesh, Hemanth, Ravichandra, Bharath and Praveen. When they conducted search on the person, Muvesh was in possession of a chopper, Hemanth was in possession of Iron long, Ravichandra was in possession of a chopper, Bharath was in possession of knife and Praveen was in possession of chilly powder packet. They seized the said weapons in the spot in the presence of mahazar witnesses CW-2 and CW-3 and taken them to the police station and produced them before the SHO along with the report of CW.1. On the basis of the report of CW.1 a case came to be registered against accused No.1 to 5 for the offence punishable under Sections 399, 402 of Indian Penal Code and Section 25(1B)(B) read with Section 4 of Arms Act.
3. On the basis of the complaint of CW1/Nagaraj, ASI. Adugodi police have registered a case against accused No.1 to 5 in Crime No.93/2021 for the offence punishable under 399, 402 of Indian Penal Code and Section 25(1B)(B) read with Section 4 of Arms Act and took up the investigation.
4. After completion of investigation the police have filed charge sheet against the accused No.1 to 5 for the offence 5 S.C.No.871/2022 punishable under sections 399, 402 of Indian Penal Code and Section 25(1B)(B) read with Section 4 of Arms Act before the learned Magistrate. After filing of the charge sheet the learned Magistrate took cognizance of the offence and registered the case against the accused No.1 to 5 for the above said offences.
5. The copies of charge sheet was furnished to accused No.1 to 5 and hence the learned Magistrate has complied with the provisions of section 207 of Cr.P.C. As the offence charged against the accused is exclusively triable by this Court the learned Magistrate acting under section 209 of Cr.P.C has committed the case against accused No.1 to 5 to this Court for trial. The matter is taken up before this court for further proceedings accordingly. Accused Nos.1 to 5 were on bail.
6. In pursuance of summons issued by this Court accused No.1 to 5 appeared through their counsel and got enlarged on bail. After hearing both the parties and on considering the materials forthcoming from the prosecution papers and from the materials on record this Court has framed charge against the accused Nos.1 to 5 for the offence punishable under sections 399, 402 of Indian Penal Code and Section 25(1B)(B) read with Section 4 of Arms Act to which accused Nos.1 to 5 pleaded not guilty and thereby they have claimed to be tried for the said offences. During the course of trial, accused No.2 remained 6 S.C.No.871/2022 absconded and NBW was issued and accused No.2 was arrested under NBW and remanded to judicial custody.
7. In support of the case of the prosecution, as many as 9 witnesses were cited in the charge sheet. The prosecution got examined 5 witnesses as PW1 to PW5. Ex.P.1 to Ex.P.4 and MO1 to 5 are marked. Learned Public Prosecutor has given up CW.5, CW.6, CW.7 and CW.9. After closing the evidence of prosecution witnesses accused Nos.1 to 5 were examined under section 313 of Cr.P.C. wherein they have denied all the incriminating materials appearing against them in the prosecution evidence. But the accused neither chosen to adduce any oral evidence nor produced any documents in support of their defence.
8. Heard the arguments of learned Public Prosecutor and also learned counsel for accused No.1 to 5. Perused the oral and documentary evidence forthcoming on record. On going through the materials the points that arise for my consideration are:
(1) Whether the prosecution has proved beyond all reasonable doubt that accused Nos.1 to 5 on 21/07/2021 at about 8:30 a.m. gathered near Samatha Nagara, Dhobi Ghat 7 S.C.No.871/2022 within the jurisdiction of Adugodi police station armed with deadly weapons i.e. chopper, iron long, and chilly powder packet, for the purpose of committing dacoity of the persons who were passing by the said road and making preparation to commit dacoity armed with deadly weapons and thereby committed the offences punishable under section 399 of IPC ?
(2) Whether the prosecution has proved beyond all reasonable doubt that on said date, time and place accused Nos.1 to 5 were found assembled armed with deadly weapons i.e. iron long, machet and chilly powder packet for the purpose of committing dacoity of the persons who were passing by the said road and thereby committed the offence punishable under section 402 of IPC ?
(3) What order?
9. After hearing the arguments of both the parties and on considering the relevant materials on record, my findings on the above points are as hereunder.
Point No.1:- In the Negative
Point No.2:- In the Negative
Point No.3:- As per final order
for the following;
8 S.C.No.871/2022
REASONS
10. Point No.1:- It is the case of the prosecution that on 21/07/2021 at about 8:15 a.m. CW-1/Nagaraj received a credible information to the effect that 4-5 persons are gathered near Samatha Nagara, Dhobi Ghat within the jurisdiction of Adugodi police station armed with deadly weapons and were found making preparation for committing dacoity and were found in possession of deadly weapons i.e. iron long, chopper, and chilly powder packet.
11. In support of its case prosecution examined five witnesses as PWs 1 to 5. One Nagaraj, PSI is examined as PW.1. He is the person who received information from informants and conducted raid. In his examination in chief he has stated that on 21/07/2021 at about 8:15 a.m. when he was in beat duty at Rajendra Circle, he received information that 4-5 unknown persons armed with deadly weapons are trying to commit robbery and dacoity near Samatha Nagara Dhobi Ghat. He briefed the information to his staff and asked them to assemble at LR Nagara Circle and he also requested some panchas to accompany them. He went to the spot along with staff and panchas at 8:50 a.m. They observed the movements of the 9 S.C.No.871/2022 accused persons from a little distance and surrounded them. Himself and CW.8 caught hold of accused No.1/Muvesh and on search they found one chopper measuring 10 inch in length. CW.7 caught hold of accused No.2/Hemanth who was in possession of a long measuring 17 inch. CW.4 caught hold of accused No.3/Ravichandra who was in possession of a chopper, CW.5 caught hold of accused No.4/Bharath who was in possession of steel knife and CW.6/Mahadeva Naik caught hold of accused No.5/Praveen who was in possession of chilly powder packet. They seized the weapons from the accused persons under a mahazar at Ex.P.1. He identified the weapons as MO.1 to 5. Thereafter, he returned to the police station along with the weapons and accused persons and reported the same before CW.9/Basavaraj Jande along with the report at Ex.P.2.
12. One Avinash is examined as PW.2. He was the mahazar witness. He has stated that the police called him to LR Nagara Circle at 8:45 a.m. and briefed him about the attempt to commit robbery and requested him to accompany them. Accordingly, they went to the spot at 9:00 a.m. He saw five persons armed with deadly weapons and police took them to custody, seized the weapons and he has identified the accused persons and MO.1 to 5. He has stated that he has signed the mahazar at Ex.P.1 in the spot.
10 S.C.No.871/202213. One Ashok Rathod is examined as PW.3. He was the member of the raiding party. He has stated that on 21/07/2021 at 8:15 a.m. when he was in beat duty, CW-1/Nagaraj called him over phone, asked him to come to LR Nagara Circle. When he reached near LR Nagara Circle he briefed him about the information. Thereafter they left the police station in police Jeep and requested the panchas at LR Nagara Circle to accompany them. They stopped the vehicle at a little distance from the accused and got confirmed information and surrounded the accused persons and took them to custody and seized the weapons from them. He has also stated regarding the mahazar and identified the accused persons and MO.1 to 5.
14. One Shivananda Jodalli is examined as PW.4. He was the member of the raiding party. During the examination in chief he has stated that on 21/07/2021 at about 8:15 a.m. PW.1 called him and informed that 4-5 persons have gathered near Dhobi Ghat armed with deadly weapons in order to commit robbery and dacoity and he informed them to reach LR Nagar Circle at 8.50 a.m. They reached near Dhobi Ghat in government vehicle and parked the vehicle little away from the spot, after confirming the information they surrounded the accused persons caught hold of them and seized the weapons under a mahazar. He has identified the accused No.1 to 5 and MO.1 to 5.
11 S.C.No.871/202215. One Basavaraj Jande is examined as PW.5 He is the person who has investigated the case and filed charge sheet against the accused.
16. It is the specific case of the prosecution that accused Nos.1 to 5 had gathered near Dhobi Ghat armed with deadly weapons in order to commit robbery and dacoity. PW.1 who has conducted raid and lodged complaint as per his report at Ex.P.1 has stated regarding presence of the accused in the spot and seizure of the weapons from them. During cross examination it has been elicited that they received the information at 8:30 a.m. He has denied the suggestion that they have used the weapons seized in Cr.No.92/2021 in this crime and registered false case against the accused persons. It is elicited that he has not issued any notice to the panchas. It has been elicited that when he called his staff they were on patrolling duty at about 500 to 600 meters away from him. He has stated that he has not entered the information received by him in the station house diary. He has stated that he could not hear the contents of conversation between the accused persons in the spot. He has stated that he did not remember the colour of the cloths worn by accused persons on the day of incident. He has stated that he had finished his duty on 20/07/2021 at 10:30 p.m. and commenced his duty on 21/07/2021 at 7:30 a.m. 12 S.C.No.871/2022
17. The counsel for accused has taken contention that there was a raid prior to the alleged raid in this case, wherein PW.1 was a party to the raid. During the statement under Section 313 of Criminal Procedure Code, counsel for the accused has produced the copy of FIR and charge sheet in Cr.No.91/2021. On perusal of the contents of the charge sheet it indicates that police had conducted raid on 21/07/2021 at about 4:45 a.m. and a case came to be registered against 5 persons under Section 399, 402 of Indian Penal Code and Section 25(1B)(B) read with Section 4 of Arms Act in Cr.No.92/2021. On perusal of the list of witness it indicates that PW.1 in this case is CW-4 in Cr.No.92/2021. On perusal of the same it indicates that the oral testimony of PW.1 to the effect that he had commenced his duty on 21/07/2021 at 7:30 a.m. appears to be doubtful because he has stated that he had finished his duty at 10:30 p.m. on 20/07/2021. It is not forthcoming as to for what purpose PW.1 has suppressed the raid conducted on 21/07/2021 at 4:45 a.m. This aspect creates a doubt regarding the raid conducted by PW.1 as contended by the prosecution.
18. During the cross examination a suggestion has been made to the effect that on 21/07/2021 the accused No.4 was in the custody of Koramangala police. But the said suggestion has been denied by the PW.1. The accused has not produced any documents to show that accused No.4 was in the custody of the 13 S.C.No.871/2022 Koramangala police on 21/07/2021. Nothing is on record to substantiate the said contention taken by the accused. However, it is to be noted that PW.1 was a party the raid conducted on the same day at 4:45 a.m. He has categorically denied during cross examination regarding his presence I the said raid. He has pleaded his ignorance regarding his presence in the said spot and the suggestion to the effect that he has been cited as witness in the said crime. The copy of charge sheet filed by the accused in Cr.No.92/2021 clearly indicates that PW.1 herein was cited as CW-4 in the said case. Under these circumstances, the evidence given by the PW.1 indicates that he has not come up with the true version. Hence, it is not safe to rely upon his evidence without corroboration by any other cogent independent witness.
19. One Avinash who is examined as PW.2 is the material witness to the case of the prosecution. He is the mahazar witness. He has supported the case of the prosecution in so for as raid and seizure of weapons and preparation of mahazar in the spot is concerned. During the cross examination it has been elicited that he was working as a camera man since 7 years. It is elicited that he do not remember the date of incident. He has stated that he went to the spot in police vehicle. It is elicited that the police shown him the accused persons and they were standing together in one place. He has stated that he cannot 14 S.C.No.871/2022 say as to who was holding which weapon and he has not seen the accused persons harassing the public. It has been elicited that about 15 persons were present in the spot, he cannot say the boundaries of the spot and he do not remember the name of the other pancha who accompanied him. It is also elicited that he has not heard the conversation between the accused in the spot. He cannot say as to who caught hold of each of the accused persons and he did not remember the colour of the dress worn by the accused persons. On perusal of the same it indicates that PW.2 is a material witness to prove the raid and seizure of articles has categorically stated that he do not know as to who was in possession of which weapon and who caught hold of which accused. Therefore his presence during the spot appears to be doubtful. Further during the cross examination of PW.2 it has been elicited that police have not conducted self search before proceeding to the raid. The police ought to have confirmed the pancha witness that they were not in possession of any weapon by way of self search but no such self search was conducted by the police before proceeding to raid, which is fatal to the case of the prosecution.
20. PW.3 is none other than the member of raiding party. During cross examination it has been elicited that when he received information through PW.1, he was on beat duty at about 200 meters away from LR Nagar Circle. During the cross 15 S.C.No.871/2022 examination by the accused No.1 it has been elicited that he finished his duty at 8:00 p.m. on 20/07/2021 and he was not on duty from 8 p.m. on 20/07/2021 till 7:45 a.m. on 21/07/2021. This evidence of PW.3 indicates that he has given a false evidence regarding the same for the best reasons known to him. At this juncture it is necessary to go through the charge sheet submitted by the accused along with statement under Section 313 of Code of Criminal Procedure which indicates that the raid was conducted on 21/07/2021 at 4:45 a.m. and PW.3 was one of the members of the raiding party at 4:45 a.m. He has been cited as CW-5 in Cr.No.92/2021. Under these circumstances, it is not forthcoming what made PW.3 to depose falsely before the Court that he was not on duty till 7:45 a.m. on 21/07/2021. This aspect indicates that it is not safe to rely upon the evidence of PW.3 in so for as the raid and seizure is concerned. It has been elicited during the cross examination of PW.3 that they have not seen the accused persons harassing the public in the said spot. He has categorically pleaded his ignorance regarding the registration of crime in Cr.No.92/2021 on the same day in their police station. He has stated that he do not know whether he is a witness in the said case. On perusal of the said evidence it prima facie indicates that PW.3 has come up with a false story before the Court. Therefore, a doubt arises in so for as the oral testimony of PW.3 regarding search and seizure is concerned.
16 S.C.No.871/202221. PW.4 who was another member of the raiding party has stated during the cross examination that he received information form PW.1 through phone. Contrary to the evidence of PW.2 it is stated by PW.4 that before surrounding the accused persons they conducted self search and self search of panchas. This piece of evidence of PW.4 contradicts with the evidence of independent eye witness. Therefore the very presence of PW.4 in the raid and seizure appears to be doubtful. During the cross examination it has been elicited that he did not know as to who has written the complaint as per Ex.P.2 and where it is written and he do not know as to who has written the spot mahazar. This aspect also indicates doubtfulness about the presence of PW.4 during the alleged raid and seizure.
22. PW.5 is the investigating officer. In his cross examination it has been elicited with regard to attempt to commit dacoity case on 21/07/2021 at 4:00 a.m. in respect of a different crime. When he received the said information he was in beat area. On the basis of the said information he conducted raid and arrested the accused persons and prepared mahazar with the assistance of his staff. He has stated that he had concluded the raid and other formalities of the said case at 7:00 a.m. He has admitted the registration of case in Cr.No.92/2021. The evidence of PW.5 indicates that he had recorded the voluntary statement of accused persons.
17 S.C.No.871/202223. On perusal of the over all evidence of the prosecution witnesses it indicates that PW.3 and 4 have categorically denied their part in conducting the raid in Cr.No.92/2021. PW.5 who is the investigating officer has categorically admitted regarding registration of crime No.92/2021 on the same day, PW.3 and 4 who were the members of the raiding party in the said crime have categorically denied of having participated in the raid. When their evidence reveals that they have come up with a false version before this Court, their evidence cannot be accepted in so for as the search and seizure is concerned. It is pertinent to note that PW.2 who is an independent witness though has supported the case of the prosecution, he has categorically stated that he do not know as to who was in possession of which weapon and who caught hold of which accused. Under these circumstances, his presence in the spot also appears to be doubtful.
24. It is pertinent to note that the accused persons alleged to have been gathered near Dhobi Ghat at 8:00 a.m. The evidence of the prosecution witnesses indicates that accused persons were standing in the said place together. The prosecution witnesses have been categorically stated that no complaints have been received from the public regarding any kind of harassment by the accused persons. Under these circumstances, there are no materials to show as to what made 18 S.C.No.871/2022 PW.1, 2, 4 and 5 to come to a conclusion that accused persons had gathered in the said place for the purpose of committing dacoity. Their evidence is silent as to what is the preparation being made by them to commit dacoity in the said place. In the absence of clear evidence to show that there was preparation on the part of the accused persons in the spot for commission of any offence, it cannot be concluded that they had gathered in the said place for the purpose of committing dacoity.
25. It is pertinent to note that as per the version of the prosecution PW.1 received information at 8:00 a.m. This aspect assumes much importance for the reason that it cannot be believed that they would commit such an act in the broad day light at 8 a.m. There are also materials to show that people and vehicles were moving in the said place. Under such circumstances, except the apprehension on the part of PW.1 and 2 there is no evidence is forthcoming to show that any preparation was being made by the accused persons in the said spot. Therefore, the prosecution has failed to bring home the ingredients of Section 399 and 402 of Indian Penal Code.
26. Another important aspect to be noted is that prosecution has to establish that accused persons gathered in a certain place and making preparation to commit dacoity and gathering was for the purpose of committing dacoity. No positive evidence is lead 19 S.C.No.871/2022 by the prosecution to establish that accused persons were making preparation to commit dacoity and they were gathered in the said place for the purpose of committing dacoity. Though there is evidence to the effect that they have heard the conversation of the accused persons, there is no oral evidence to the effect as to what was the conversation between the accused persons in so far as preparation to committing dacoity is concerned. There is no evidence to the effect that as to what act of the accused constituted preparation for committing docoity. Absolutely there are no materials in respect of the same. These aspects creates doubt regarding the case of the prosecution.
27. On perusal of the materials placed before the Court it indicates that the prosecution has failed to satisfactorily prove the alleged offence against the accused persons beyond all reasonable doubt. Though there is evidence to the effect that accused persons were gathered in the said place, there are no materials to show that they had gathered in the said place for the purpose of committing dacoity and there is also no evidence to show that preparation was being made, for the purpose of committing dacoity. Though it is stated that weapons were seized from the accused the independent witness has not stated as to who was in possession of which weapon. This aspect assumes much importance for the reason that the said oral testimony creates doubt regarding his presence during the 20 S.C.No.871/2022 alleged raid and mahazar. Under these circumstances, it is not safe to rely upon the evidence placed before the Court by the prosecution. Therefore, point Nos. 1 and 2 are answered in the Negative.
28. Point No.3: In view of my above discussion on point No.1 and 2, I proceed to pass the following:
ORDER Acting under section 235(1) of Code of Criminal Procedure, accused No.1/Muvesh, accused No.2/Hemanth, accused No.3/Ravichandra, accused No.4/Bharath and accused No.5/Praveen are acquitted of the offence punishable under sections 399, 402 of Indian Penal Code and Section 25(1B)(B) read with Section 4 of Arms Act.
Accused No.2 who is in judicial custody is ordered to be released forthwith.
The bail bond and surety bond of the accused person stands cancelled. Accused Nos.1 to 5 are directed to furnish fresh surety as contemplated under Section 437-A of CrPC.21 S.C.No.871/2022
M.O.1 to 4 chopper, iron long, chopper and steel knife are ordered to be confiscated to State and MO.5 chilly powder packet is ordered to be destroyed, after appeal period.
(Dictated to the Stenographer Grade-I online, typed by her directly, corrected and then pronounced by me in the Open Court on this 3rd day of February, 2025) (JAYAPRAKASH . A) LXVI Addl. City Civil & Sessions Judge, Bengaluru
-:ANNEXURE:-
LIST OF WITNESSES EXAMINED BY THE PROSECUTION:-
PW.1 Nagaraj
PW.2 Avinash
PW.3 Ashok Rathod
PW.4 Shivananda Jodalli
PW.5 Basavaraj Jande
LIST OF WITNESS EXAMINED FOR DEFENCE:-
- None -
LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION:-
Ex.P-1 Raid and Seizure Mahazar Ex.P.1(a) Signature of PW1 22 S.C.No.871/2022 Ex.P.1(b) Signature of PW2 Ex.P.1(c) Signature of PW5 Ex.P.2 Report of PW1 Ex.P.2(a) Signature of PW1 Ex.P.2(b) Signature of PW5 Ex.P.3 FIR Ex.P.3(a) Signature of PW5 Ex.P.4 PF from No.254/2021 Ex.P.4(a) Signature of PW5 LIST OF DOCUMENTS EXHIBITED FOR DEFENCE:-
Nil LIST OF MATERIAL OBJECTS MARKED FOR PROSECUTION:-
MO.1 Chopper 10 inches
MO.2 Iron long 17 inches
MO.3 Chopper 16 inches
MO.4 Steel knife
MO.5 Chilly powder packet
LIST OF MATERIAL OBJECTS MARKED FOR DEFENCE:-
- Nil -
(JAYAPRAKASH . A)
LXVI Addl. City Civil & Sessions Judge,
Bengaluru
23 S.C.No.871/2022
Pronounced vide separate
judgment with following operative
portion:
ORDER
Acting under section 235(1)
of Code of Criminal Procedure,
accused No.1/Muvesh, accused
No.2/Hemanth, accused
No.3/Ravichandra, accused
No.4/Bharath and accused
No.5/Praveen are acquitted of the
offence punishable under
sections 399, 402 of Indian Penal
Code and Section 25(1B)(B) read
with Section 4 of Arms Act.
Accused No.2 who is in
judicial custody is ordered to be
released forthwith.
The bail bond and surety
bond of the accused person
stands cancelled.
M.O.1 to 4 chopper, iron
long, chopper and steel knife are
ordered to be confiscated to
State and MO.5 chilly powder
packet is ordered to be
destroyed, after appeal period.
Office is directed to issue
intimation to the jail authorities
24 S.C.No.871/2022
to release the accused No.2 if he
is not required in any other case.
Accused Nos.2, 3 and 5 are
directed to furnish fresh surety as
contemplated under Section 437-
A of CrPC.
LXVI Addl. City Civil & Sessions
Judge, Bengaluru