Bangalore District Court
Nataraj K N vs Subhash on 22 January, 2026
KABC030465642023
IN THE COURT OF VII ADDL.CHIEF JUDICIAL
MAGISTRATE, BENGALURU.
Dated this the 22nd day of January, 2026 .
Present : Sri.Puttaraju., B.A.,LLB.
VII Addl. C.J.M., Bengaluru.
JUDGMENT U/s 355 of Cr.P.C
C.C. NO. 26433/2023
Complainant : State by Kodigehalli Police Station.
(By Sr.Asst. Public Prosecutor)
V/s
Accused Nos. 1 1. Subhash,
S/o Muniswamy,
Aged about 25 years,
No-2159, 11th A Cross,
Sanjeevini Nagara,
Bengaluru.
2. Sanjay,
S/o Muniswamy,
Aged about 27 years,
No-2159, 11th Cross,
Sanjeevini Nagara,
Bengaluru.
2 C.C. NO. 26433/2023
Date of occurrence of offence In between 27.03.2023 to
28.03.2023
Date of report of offence 28.03.2023
Name of the Complainant Nataraj K N
Date of Commencement of 06.01.2026
recording Evidence
Date of Closing of Evidence 07.01.2026
Offences complained of U/sec.457, 380 of IPC .
Opinion of the Judge Accused not
found guilty.
The PSI of Kodigehalli Police Station has filed
charge sheet against the accused persons for the
offences punishable U/sec.457, 380 of IPC .
2. Brief case of the prosecution is as under :
It is alleged in the charge sheet that, on 29-03-
2023 during night hours, accused -1 and 2
committed lurking house tress-pass into CW.1's
shed situated at his site which comes within the
jurisdiction of Kodigehalli Police Station and
removed the CCTV camera installed near the site,
3 C.C. NO. 26433/2023
with dishonest intention committed theft of DVR
switching adapter and the said stolen adapter was
kept in the Toyota car bearing No. KA-04-MD-0239
of accused and thereby committed the offences
punishable U/sec.457, 380 of IPC .
3. After receipt of first information by CW-1,
Crime was registered in Crime No.89/2023, dated
28.03.2023 and investigation was taken up. After
completion of investigation, the charge-sheet was
submitted against the accused for the aforementioned
offences.
4.Accused-1 & 2 are on court bail. Charge sheet
materials supplied as per provisions U/s 207 of
Cr.P.C. Heard on both side, charge is framed and read
over for which he pleaded not guilty and claims to be
tried.
4 C.C. NO. 26433/2023
5. The prosecution has examined P.W.1 and
got marked Ex.P.1 and 2 on its behalf. Since, PW-1
has completely turned hostile prayer of Ld.Sr.APP for
issuance of summons to other witness was rejected.
As there is no incriminating evidence available against
the accused recording of Statement U/s 313 of
Cr.P.C., is dispensed.
6. Heard the arguments and perused the
materials on record.
7. The points that arise for consideration are :
1. Whether the prosecution has proved
beyond all reasonable doubt that
accused have committed the offences
U/sec.457, 380 of IPC .?
2. What order ?
8. The above points are answered as under :
Point No.1: In the Negative.
5 C.C. NO. 26433/2023
Point No.2: As per final order for the following :
REASONS
9. Point No.1 :
That on 29-03-2023 during night hours,
accused -1 and 2 committed lurking house tress-
pass into CW.1's shed, removed the CCTV camera
installed near the site with dishonest intention
committed theft of DVR switching adapter and the
said stolen adapter was kept in the Toyota car
bearing No. KA-04-MD-0239 of accused and thereby
committed the offences punishable U/sec.457, 380 of
IPC .
10. In order to prove the guilt of the accused, the
prosecution has examined PW.1, who being the
complainant during the course of chief-examination
has completely turned hostile and stated that he does
not know the contents of Ex.P1 and 2. He signed on
Ex.P1 at Police Station. Accused have neither
6 C.C. NO. 26433/2023
tress-passed into his site nor stolen anything. There
was a civil dispute between him and accused. The
learned Sr.APP has cross-examined him at length.
Even during the cross-examination nothing worth has
been elicited to disbelieve the version of PW.1. The
learned Sr.APP suggested regarding compromise,
though PW.1 admitted, but he denied that by
compromising the matter deposing false evidence .
11.Admittedly, except hostile evidence of PW.1,
there is nothing on record to show that accused
have committed the offenses as alleged in the charge
sheet. As such benefit of doubt will have to be
extended in favour of accused. Hence, for the above
reasons. I answer Point No.1 in the Negative.
12. Point No.2 : In view of the above discussion,
accused found not guilty and hence, I proceed to
pass the following :
7 C.C. NO. 26433/2023
ORDER
Acting U/s 248 (1) of Cr.P.C. the accused -1 and 2 are hereby acquitted of the offences punishable U/sec.457, 380 of IPC .
Bail bonds of accused and their surety bonds stand cancelled after six months from today.
(Dictated to the Stenographer directly on the computer and typed by her corrected and pronounced by me in the open Court this the 22 nd day of January, 2026) Digitally signed ( PUTTARAJU ) by PUTTARAJU VII Addl. C.J.M., Bengaluru.
PUTTARAJU Date:
2026.01.22
16:12:41 ANNEXURES
+0530
List of witnesses examined for the Complainant :
PW.1 Nataraj List of documents marked for the Complainant :
Ex.P.1 Complaint
Ex.P.2 Seizure Mahazar
List of witnesses examined for the Accused Nil.
List of documents exhibited for the Accused Nil.
List of Material Object marked for prosecution Nil.
VII Addl.C.J.M., Bengaluru.
8 C.C. NO. 26433/2023Judgment pronounced in the open court.
(vide separate order):
ORDER Acting U/s 248 (1) of Cr.P.C. the accused -1 and 2 are hereby acquitted of the offences punishable U/sec.457, 380 of IPC . Bail bonds of accused and their surety bonds stand cancelled after six months from today.
7Th ACJM, Bengaluru.10 C.C. NO. 26433/2023 11 C.C. NO. 26433/2023