Bangalore District Court
State By vs Ganesh.C S/O Chinnaswami on 21 July, 2022
KABC0C0052442019
IN THE COURT OF THE XI ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 21st day of July 2022
PRESENT: SRI.KUMARA .S
B.A., LL.B.,
XI Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.51471/2019
Complainant - State by, Police Sub Inspector
Hennur Police Station
Represented by the Ld.Sr.APP
/vs/
Accused 1 Ganesh.C S/o Chinnaswami, aged about 34
years, R/at 06, Vijalakshmi Colony, Hennur
Bande near, Hennur Village, Bengaluru.
2 Dhanaraj S/o Late Muniraju,aged about
37years, R/at Muddana Badavane Hennur
Village, Kalyanagar Post, Bengaluru.
Represented by Sri.NSN Advocate.
Date of : 24.08.2018
commission of
the offence
Date of report of : 28.08.2018
the offence
Date of arrest of : NIL
accused persons
Date of released : 29-09-2021
2 CC No.51471/2019
of accused
persons on bail
Name of the : Sri. A.C Belliappa
complainant
Date of : 04-07-2022
commencement
of recording of
evidence
Date of Closure : 20-07-2022
of evidence
Offences alleged : 447, 385, 506 R/w section 34 of IPC
Opinion of the : The accused persons found not guilty
judge
(KUMARA. S)
XI A.C.M.M., BENGALURU.
JUDGMENT
1. This is a charge-sheet filed by the PSI Hennur Police Station, against accused No.1 and 2 for the offences punishable u/S.447, 385, 506 R/w 34 of IPC.
2. The brief facts of the case of the prosecution is as under:-
On 24.08.2018 at about 05.00PM at Hennur Bande, Hennur garden, site No.82&83, house list No.29/3-A Katha No.399/29/3-A/82 have committed criminal trespass to the above said property of the 3 CC No.51471/2019 complainant and forced the complainant to make settlement by giving money otherwise they will kill him and and gave life threat to the complainant and thereby committed alleged offences. Hence this charge-sheet.
3. Accused have appeared before the Court through their counsel and got enlarged on bail. I.O., after completion of investigation has submitted charge-sheet against accused persons for the alleged offences. Cognizance was taken for the alleged offences. The prosecution papers have been furnished to the accused persons through their counsel as contemplated U/s 207 Cr.P.C. Heard regarding charge. Charges were framed, read over and explained to the accused persons in the Kannada language known to them, they pleaded not guilty offences and claimed trail.
4. In order to prove the guilt of the accused persons, the prosecution has examined one witness as PW-1 and got marked 2 documents as Ex.P1 &2. PW1/ Sri. A.C Belliappa is said to be complainant has turned hostile and denied the alleged offences committed by the accused persons and also stated that, he has entered into compromise with the accused persons. Under the above circumstances no purpose would be served by examining remaining 4 CC No.51471/2019 witnesses. Hence prayer of Sr. APP to issue process to other witnesses is rejected and closed the prosecution side.
5. As there is no incriminating evidence available against the accused persons, the statement of accused persons U/s 313 of Cr.P.C is dispensed with.
6. I have heard the arguments advanced by the Learned Sr. APP for the state and learned counsel for the accused persons and perused the prosecution papers.
7. The following points that would arise for consideration are:
1. Whether the prosecution proves beyond all reasonable doubt that, accused have committed an offences punishable U/s 447, 385, 506 R/w section 34 of IPC?
2. What order?
8. My findings on the above points are as under:
Point No.1 - In the Negative, Point No.2 - As per final order, for the following;
REAS O NS
9. POINT No.1 :- The prosecution in order to prove the guilt of the accused persons in all examined one witness as PW-1. PW-1/Sri. A.C Belliappa is said to be complainant, he has completely 5 CC No.51471/2019 turned hostile to the prosecution case in his chief-examination evidence and denied the alleged offences committed by the accused persons. Though, he has been treated as hostile and elaborately cross- examined by the prosecution but nothing is elicited from his mouth regarding the alleged offences committed by the accused persons. He denied the contents of the Ex.P1 complaint and Ex.P2 Panchanama. Therefore, the entire evidence of PW-1 is proved fatal to the prosecution case.
10. On going through the prosecution evidence, PW-1 has completely turned hostile and not supported with the prosecution case. During the course of cross-examination by the Learned Sr.APP for the state, he has deposed that, he has entered into compromise with the accused persons. Under the above circumstances, no purpose would be served by examining the remaining witness. Hence, remaining witnesses are dropped. Therefore, on going through the entire case of the prosecution, the prosecution has utterly failed to prove the guilt of the accused persons beyond all the reasonable doubt. Accordingly I have answered the above point No.1 in the Negative.
11. POINT NO.2: For the reasons assigned and findings given on the Point No1, I proceed to pass the following; 6 CC No.51471/2019
ORDER Acting u/S.248(1) of Cr.P.C. accused No.1 and 2 are acquitted for the offences punishable u/S. 447, 385 and 506 R/w section 34 of IPC.
The bail bonds of the accused persons and their surety bonds shall stand cancelled and accused are set at liberty forthwith.
(Dictated to the Stenographer and transcribed and computerized by her, corrected by me and then pronounced by me in the open court on 21st Day of July 2022).
(KUMARA. S) XI A.C.M.M., BENGALURU.
ANNEXURE-I List of witnesses examined on behalf of the Prosecution:
PW.1 : Sri.A.C Belliapp List of exhibits marked on behalf of the Prosecution:
Ex.P1 : Complaint Ex.P1(a) : Signature of PW.1. Ex.P2 : Panchanama . Ex.P2(a) : Signature of PW.1.
List of witnesses examined on behalf of the Defence: 7 CC No.51471/2019
- Nil -
List of Exhibits marked on behalf of the Defence:
- Nil -
List of Material objects marked for the prosecution:
- Nil -
(KUMARA. S) XI A.C.M.M., BENGALURU.8 CC No.51471/2019
(Judgment pronounced in Open Court vide a separate Order) ORDER Acting u/S.248(1) of Cr.P.C. accused No.1 and 2 are acquitted for the offences punishable u/S. 447, 385 and 506 R/w section 34 of IPC.
The bail bonds of the accused persons and their surety bonds shall stand cancelled and accused are set at liberty forthwith.
(KUMARA. S) XI A.C.M.M., BENGALURU.
9 CC No.51471/2019