Bangalore District Court
Govindarajanagar Police Station vs Ganesh on 27 April, 2024
KABC030068822023
Presented on : 10-02-2023
Registered on : 10-02-2023
Decided on : 27-04-2024
Duration : 1 years, 2 months, 17
days
IN THE COURT OF XXIV ADDL.CHIEF METROPOLITIAN
MAGISTRATE, BENGALURU.
Dated this the 27th day of April, 2024
Present : Sri.B.C.CHANDRASHEKAR. B.A.,LLB.,
XXIV Addl. C.M.M., Bengaluru.
JUDGMENT U/s 355 of Cr.P.C
C.C.No.4439/2023
Complainant : State by Govindrajnagar Police Station.
(By Sr.Asst. Public Prosecutor)
V/s
Accused Nos. 1 Ganesh @ Gajendra S/o Hanumantha
Rao Joshi,
Age 29 years, No.174/2, 5th Main Road,
Sollapuradamma Layout, Sunkadakatte,
Bengaluru.
2 CC.No.4439/2023
2 Ramprasad @ Hunagudappa,
S/o Keshava Rao,
Age 30 years, R/at No.39, 8th Cross,
Gajannanagar, Hegganahalli Cross,
Bengaluru.
3 Nambodhari S/o Mohan Nambodari,
Age 50 years,
R/at Henteger Road, Near Jyothi
Convent, Arakalugoodu Town, Hassan
(By Sri.Ashok Kumar.V., Advocate)
Date of occurrence of offence 23.08.2022
Date of arrest of accused Accused Nos.1 to 3 are on bail.
Name of the Complainant Smt.Jayanthi W/o Venkatesh.
Offences alleged U/s 323, 341, 506, 420 r/w 34
of I.P.C., and U/s.3 (2)
Karnataka Prevention and
Eradication of Inhuman Evil
Practices and Black Magic Act-
2017.
Date of Commencement of Evidence 15.04.2024
Date of Closing Evidence 15.04.2024
Opinion of the Judge Accused No.1 to 3 found
not guilty
The PSI of Govindrajnagar Police Station has filed charge
sheet against the accused Nos.1 to 3 for the offences
punishable U/s 323, 341, 506, 420 r/w 34 of I.P.C., and
3 Karnataka Prevention and Eradication of Inhuman Evil
Practices and Black Magic Act.
3 CC.No.4439/2023
2. The brief facts of the case of the prosecution
is that : The accused persons have been running
Annapurneshwari Astrology center and since Cw.4 S/o
Cw.1 has been acting as Transgender, the Cw.1 to 3
have taken Cw.4 with the Astrology center of the
accused person and the accused person with an
intention to cheat the Cw.1 told that, because of the
black magic made by the transgenders your son
became the transgender and in order to make him
again boy they have to perform some pooja black
magic by scarifying the he buffalo, chicken and
perform the pooja by keeping pregnant tongue. Hence,
the Cw.1 to 4 have given 5 lakhs rupees to them and
on 27.02.2022 the accused persons have taken Cw.1
to 4 to their property at Maggekavalur village,
Arkaludu Taluk, Hassan District and accused No.3
has performed the pooja but, it did not benefit to the
son of Cw.1. Again when the Cw.1 to 3 have
4 CC.No.4439/2023
approached the accused persons they again told to
perform some pooja and threatened them and if you
will not perform the pooja your son will not be alive.
When CW.1 asked to return the amount they put life
threat to kill by making black magic on Cw.1 to 3. on
23.08.2022 when the Cw.1 to 3 were going to the
power TV office at Yeshwanthpur, the accused No.1
and 2 have wrongfully restrained Cw.1 and 3 and they
have assaulted the CW.3 with hands and also put a life
threat, that they will kill, if they go to TV channel and
thereby the accused persons have committed the
offences U/s 323, 341, 506, 420 r/w 34 of I.P.C and
U/s.3 of Karnataka Prevention and Eradication of
Inhuman Evil Practices and Black Magic Act.
3. On the basis of the complaint of the CW 1, this
crime has been registered against the accused persons.
During the crime stage the accused No.1 and 2 have
been arrested and produced before the court and
remanded to JC. The accused No.1 and 2 represented
5 CC.No.4439/2023
through their counsel and filed the bail application.
Accordingly, they are released on bail. The accused
No.3 and 4 have appeared through their counsel and
filed the bail application. Since, the accused No.3 and
4 have been enlarged on anticipatory bail by the
Honble CCH 66 in Crl.No.9130/2022 dated:
17.09.2022 the accused No.3 and 4 are also enlarged
on bail.
4. After investigation I.O., has filed the charge
sheet against accused No.1 to 3(accused No.3 was A4
at the time of crime stage) for the offences U/s 323,
341, 506, 420 r/w 34 of I.P.C, 3 Karnataka
Prevention and Eradication of Inhuman Evil Practices
and Black Magic Act and dropped the accused No.3 Sri
Gopal. This court has taken cognizance for the alleged
offences.
5. Copies of the prosecution papers have been
supplied to the accused No.1 to 3 as per charge sheet
6 CC.No.4439/2023
as per the provisions of U/s 207 of Cr.P.C. After being
heard the arguments Charge for an offences U/s 323,
341, 506, 420 r/w 34 of I.P.C. and U/s.3 Karnataka
Prevention and Eradication of Inhuman Evil Practices and
Black Magic Act., has been framed and read over and
explained to the accused No.1 to 3 in the language
best known to them. The accused No.1 to 3 have not
pleaded guilty and claims to be tried the matter.
Hence, the case taken up for trial.
6. In order to prove the guilt of the accused
person, the prosecution has examined three witnesses
as Pw.1 to 3, out of 9 witnesses as cited in the charge
sheet and three documents are marked as Ex.P.1 to
3. Since, PW-1 to 3 are the material victims Eye-
witness and complainant have turned hostile and not
supports the prosecution examination of accused U/s
313 of Cr.P.C., has been dispensed with.
7 CC.No.4439/2023
Heard the arguments of learned APP and counsel for
accused persons. Perused.
7. On the basis of the above, the following points
have arises for my consideration :
1. Whether prosecution proves
beyond reasonable doubt that
since Cw.1 has been acting as
Transgender the Cw.1 to 3 have
taken Cw.4 to the Astrology
center of the accused persons
and the accused persons with
an intention to cheat the Cw.1
told that, because of the black
magic made by the transgenders
your son became the
transgender and in order to
make him again boy they have
to perform some pooja black
magic by scarifying the he
buffalo, chicken and perform the
pooja by keeping pregnant
tongue. Hence, the Cw.1 to 4
have given 5 lakhs rupees and
on 27.02.2022 and the accused
persons have taken Cw.1 to 4 to
their property at Maggekavalur
village, Arkaludu Taluk. Hassan
District and by cheating CW1
accused No.3 has performed the
pooja and committed an
offence 420 r/w 34 of I.P.C.,
and U/s.3 (2) Karnataka
Prevention and Eradication of
Inhuman Evil Practices and Black
8 CC.No.4439/2023
Magic Act?
2. Whether prosecution proves
beyond reasonable doubt that,
on the above said date, time &
place, the accused persons in
furtherance of the above act
with common intention, when
the Cw.1 to 3 have approached
the accused persons they again
they told to perform some pooja
and threatened them and if you
not perform the pooja your son
will not be alive. on 23.08.2022
when the Cw.1 to 3 were going
to the power TV office at
Yeshwathpur, the accused No.1
and 2 have wrongfully restrained
Cw.1 and 3 from moving further
and thereby committed an
offence punishable u/s.341
r/w.34 of IPC?
3. Whether prosecution proves
beyond reasonable doubt that,
on the above said date, time &
place, the accused persons in
furtherance of the above act
with common intention,
wrongfully restrained Cw 1 and
3 and assaulted Cw 3 with
hands and voluntarily caused
hurt and thereby committed an
offence punishable u/s.323
R/W.34 of IPC?
9 CC.No.4439/2023
4. Whether prosecution proves
beyond reasonable doubt that,
on the above said date, time &
place, the accused persons in
furtherance of the above act
with common intention when
Cw.1 to 3 were going to the
power TV office at Yeshwathpur,
the accused No.1 and 2
wrongfully restrained Cw 1 and
3 and assaulted Cw 3 with
hands and threatened with
dire consequences of life and
thereby committed an offence
punishable u/s.506 r/w 34 of
IPC.
5. What Order ?
8. My answer to the above points is as under :
Point Nos.1 to In the Negative,
4
Point No.5 As per final order for the
following :
REASONS
9. Point No.1 to 4 : Since all these three points
are interlinked with each other, I have taken them
together for common discussion in order to avoid the
repetition. According to the prosecution, accused No.1
to 3 have committed offences U/s 323, 341, 506, 420
10 CC.No.4439/2023
r/w 34 of I.P.C., 3 Karnataka Prevention and
Eradication of Inhuman Evil Practices and Black
Magic Act. In order to prove the guilt of the accused
persons, the prosecution has examined the
complainant/victim as PW.1. She has deposed she
knows the accused persons. CW-2 is her husband,
CW-3 and 4 are her children. Accused persons have
not collected any amount and they have not performed
any pooja and they have not put any life threat. About
one year ago the police have came near her house and
taken her signature on three documents and she has
identified her signature found by complainant and two
mahazars which marked as Ex.P-1 to 3. She does not
know the contents of Ex.P-1 to 3. Thus PW-1 being the
complainant has turned hostile, the Ld.Sr.APP has
cross-examined her by treating as an hostile witness.
But nothing worthwhile has come out from her
mouth. Since, PW-1 being the Complainant/Victim of
11 CC.No.4439/2023
the incident has turned hostile a strong doubt would
accrued in the mind of court.
10. The prosecution further examined the
husband of the complainant as PW-2 and he is also
one of the victim of the incident. PW-2 has deposed
that he know the accused persons Cw-1 his wife. CW-3
and 4 are his childrens the accused person have not
taken any amount from him and they have not made
any pooja or life threat. Thus, PW-2 being the victim is
also turned hostile. Inspite of cross-examination the
Ld.Sr.APP nothing has come out from his mouth also.
Since, PW-2 being the Victim and person cheated by
the accused persons has also turned hostile naturally
once again a strong doubt would accrued in the mind
of the court.
11. Pw-3 is the one more material witness and
daughter of CW-1 and 2 and she deposed that she
does not know the accused persons before the court,
CW-1 and 2 are father and mother. CW-4 is her
12 CC.No.4439/2023
brother. She does not know what accused persons
have done she has not given statement before the
police. Thus PW-3 being the material witness has also
turned hostile. The Ld.Sr.APP has cross-examined her
also but nothing has come out from her mouth. Hence,
again a strong doubt would accrued in the mind of the
court.
12. Apart from the oral evidence Ex.P-1 is the
complaint. Ex.P-2 and 3 are the Spot Mahazars. Ex.P-
4 is the part statement of PW-1 and Ex.P-5 is the part
statement of PW-2 and Ex.P.6 is the part statement of
PW-3. But no evidence had disclosed the commission
of offence as alleged in the chargesheet.
13. In order to secure the material witness such
as Cw.4 to 14 this court has issued number of
summons NBW including proclamation. But, SHO has
failed to execute the same and keep present them
before the court. Hence, Cw.4 to 14 are dropped.
13 CC.No.4439/2023
14. On meticulous evidence of entire evidence
PW-1 to 3 being the victim, complainant, mahazar as
well as material witness have turned hostile and they
have not supported the case of prosecution. Hence,
naturally a strong doubt would accrued in the mind of
the court. Further non examination of CW-4 to 14 is
fatal to the case. Accordingly, the prosecution has not
produced any acceptable evidence to believe that
accused persons have committed the alleged offences
as alleged in the charge sheet. Since, PW-1 to 3 have
turned hostile a strong doubt would accrued in the
mind of the court.
15. In a criminal justice system, if a tiny doubt
arises in the mind of the court, benefit of doubt shall
be extended to the accused persons. In this case, not
only tiny doubt but the strong doubt created since,
PW-1 to 3 being the victims themselves have turned
hostile. Accordingly, prosecution has utterly failed to
prove the guilt of the accused beyond all reasonable
14 CC.No.4439/2023
doubt. Hence, points No.1 to 4 are answered in the
Negative.
16. POINT No.5 : For the aforesaid reason and
discussion, I proceed to pass the following :
ORDER
Acting U/s 248(1) of Cr.P.C. accused Nos.1 to 3 are hereby acquitted for the offences punishable U/s 323, 341, 506, 420 r/w 34 of I.P.C. and 3 (2) Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act.
The bail bond executed by the accused Nos.1 to 3 stands cancelled. However, accused Nos.1 to 3 shall execute personal bond of Rs.50,000/- by undertaking to appear before the appellate court, if any appeal is filed. It is not a fit case to award victim compensation as provided U/s.357(1) of Cr.P.C.
(Dictated to the Stenographer, transcript computerized by him revised and then pronounced by me in open court on this the 27th day of April 2024) (B.C.CHANDRASHEKAR) XXIV A.C.M.M., BENGALURU.
15 CC.No.4439/2023ANNEXURE Witnesses examined for the Prosecution :
PW-1 Smt.Jayanthi, PW-2 Venkatesh. PW-3 Kruthika.
Documents marked for the Prosecution :
Ex.P.1 Complaint, Ex.P.2 Mahazar, Ex.P.3 Statement.
Ex.P.4 to Part statements 6 Witnesses examined for the accused Nil.
Documents marked for the accused Nil.
XXIV Addl.C.M.M.,Bengaluru.