Bangalore District Court
Kothanur P S vs A1 Appaiah Alias Appi Alias Raju on 2 April, 2024
1 S.C.No.1357/2019
KABC010288732019
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (C.C.H.57)
:PRESENT:
Sri.T.Govindaiah, B.Com., LL.B.,
LVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 2nd Day of April, 2024.
S.C No.1357/2019
COMPLAINANT : The State of Karnataka,
By Kothnoor police station,
Bengaluru.
(By Public Prosecutor)
V/s
ACCUSED 1. Appayya @ Appi @ Raju
S/o Krishnappa
Aged about 26 years
R/at No.80, 1st Main
Bengaluru
16.09.2014
Date of offence
Date of report of offence 16.09.2014
2 S.C.No.1357/2019
Name of the complainant Rajeev
Date of commencement of
27.06.2022
recording of evidence
Date of closing of evidence 26.12.2022
U/Secs.332, 353, 307, 506 of
Offences complained of
IPC
Opinion of the Judge Accused No.1 is acquitted
State represented by Learned Public Prosecutor
********
JUDGMENT
This is a charge sheet presented by the Assistant commissioner of police of Sampigehalli Sub Division, Bengaluru against the accused No.1 and 2 for the offence punishable under Sec.332, 353, 307 and 506 of IPC.
2. The prosecution case is that: On 16.09.2014 at 5.20 am when C.W.1 was patrolling and on search of accused in chain snatching cases, he received information from control room that when C.W.1 was proceeding by walk near Venkatala, 2 3 S.C.No.1357/2019 persons came on motor cycle bearing No. KA43K9690 and snatched the gold chain from the neck of Kumari.Swati @ Shweta and C.W.1 proceeded towards Venkatala along with C.W.11. He also informed C.W.12 Police Inspector and they were behind the accused persons and accused persons entered into Eucalyptus garden in Sy.No.55 on Ballalli cross and C.W.1 chased them in his jeep and hit the motor cycle and accused persons fell down. The rider of the motor cycle who is accused No.2 left the motor cycle, threw stones and escaped from the spot. When CW.1 was about to apprehend the pillion rider who is accused No.1, he was holding knife and he was trying to attack the police officers with the knife deterring them from discharging their duty. Accused No.1 voluntarily caused hurt to C.W.1 Police Inspector who was on duty with the knife and voluntarily caused grievous hurt on provocation to C.W.1 with intend to prevent or deter the police officer from discharging his duty as a public servant and the 4 S.C.No.1357/2019 accused attempted to commit murder of C.W.1 causing grievous injuries and thereby accused committed aforesaid offences.
3. Accused No.1 is facing trial in this case. The accused No.2 was acquitted in main case in S.C.No.152/2015.
4. The investigating officer has submitted charge sheet before the XI Addl. Chief Metropolitan Magistrate, Bengaluru who has committed the case to the court of sessions. After hearing both prosecution and accused before charge, charge was framed against the accused No.1 under Sec.332, 335 and 307 of IPC and The accused No.1 pleaded not guilty and claimed to be tried.
5. In order to prove the guilt of the accused, the prosecution has examined 16 witnesses as P.Ws.1 to 16 and got marked Ex.P.1 to 12 and got identified M.Os. 1 to
20. Statement of accused under section 313 Cr.P.C is recorded. Accused denied the incriminating evidence and has not adduced any defence evidence.
5 S.C.No.1357/2019
6. Heard the arguments of both sides.
7. The points that arise for my consideration are :
1. Whether the prosecution proves beyond reasonable doubt that the accused No.1 along with accused No.2 caused simple and grievous hurt to C.W.1 and 12 who are public servants and deterred them from discharging their duty as public servants?
2. Whether the prosecution proves beyond reasonable doubt that the accused No.1 along with accused No.2 attempted to murder C.W.1 causing grievous hurt and thereby committed the offence under Sec.307 of IPC?
3. What order?
8. My answer to the above points are as under: Points No.1 & 2 : In the Negative.
Point No.3 : As per final order,
for the following:
:REASONS:
9. Point No.1 and 2: C.W.1 the complainant Rajeev, is examined as P.W.1. He is the police inspector 6 S.C.No.1357/2019 of Yelahanka police station. On 16.09.2014 he was on rounds at about 5.00 am along with jeep driver C.W.17. At 5.20 am he received information from control room that near Axis bank ATM, near the house of Krishnamurthy at Maruthi Nagar to Venkatala road, 2 persons came on bike and has snatched the gold chain from the neck of C.W.2. Immediately he informed nakabandi staff, cheeta and hoysala staff and also gave information that the accused persons who snatched the chain are moving on motor cycle bearing No.KA43K 9690. He tried to secure the said accused persons. He went near Kogilu cross and found a motor cycle and chased them. Even the police inspector of Chikkajala police station had come to the said place and followed him and at 6.20 am when they reached Bellalli cross from Kogilu, the accused persons entered a Eucalyptus garden and he has chased them in the jeep. The police jeep hit the motor cycle of accused persons and the riders of the motor cycle fell down. The rider of the motor 7 S.C.No.1357/2019 cycle who is accused No.2 escaped from the spot. He got down from the jeep and tried to apprehend the pillion rider who is accused No.1 and he tried to attack him with knife. He informed the accused that he is on duty as police inspector and to surrender by throwing away the knife. But accused No.1 did not listen to him. C.W.12 the inspector of Chikkajala police station also instructed the accused No.1 who was a pillion rider to throw away the knife and surrender and they are on duty as police inspectors. But the accused No.1 tried to stab P.W.1 on his left hand and he fired in the air. Then the accused No.1 stabbed PW.1 causing injuries. Then C.W.12 the police inspector has shot the accused on his left leg which caused injury to accused No.1. The police inspector Mahash of Yelahanka New Town has informed the control room and made arrangement to send the accused to the hospital. PW.1 went to Yelahanka Government hospital along with C.W.12. Thereafter he has given complaint as per Ex.P.1 to Kothanur police 8 S.C.No.1357/2019 station. The incident took place within Kothanur police station jurisdiction.
10. He has identified the accused No.1 who is facing trial through VC. While he was taking treatment in the hospital, on 17.04.2014 his uniform shirt, his pistol and 9 live bullets were seized by Kothanur police. P.W.1 has not been cross examined by the accused. The evidence of P.W.1 goes to show that it is accused No.1 who stabbed P.W.1 deterring him from discharging his duty in arresting accused No.1. He does not say about the accused No.2 deterring him or other police officer from discharging their duty and causing any simple hurt or grievous hurt.
11. C.W.4 Prakash Shetty and C.W.5 S.Manjunath are the witnesses to the spot mahazar Ex.P.2 are examined as P.W.2 and 3. C.W.7 R.Majunath and C.W.8 Pillips witnesses to the Ex.P.3 and 4 the seizure mahazar are examined as P.W.14 and 15. C.W.9 S.Ravi is 9 S.C.No.1357/2019 the witness to the seizure mahazar Ex.P.6 and is examined as P.W.8. C.W.6 Tanveer another witness to Ex.P.2 the spot and seizure mahazar is examined as P.W.16. None of these witnesses have spoken about the involvement of accused No.1 in the incident or recovery of any material objects at the instance of accused No.1. C.W.21 Dr.Ramachandra K.C the medical officer who has treated P.W.1 and 9 is examined as P.W.12.
12. C.W.17 Aleem Pasha the jeep driver of P.W.1 is examined as P.W.7. He has deposed that on 16.09.2014 at 5.20 a.m they received information from control room that near the house of Krishnamurthy, near Axis bank, Venkatala main road, Maruthi nagar 2 persons came on bike and snatched a gold chain of C.W.2 and have proceeded towards Venkatala road. C.W.12 also came to the said place in his jeep. When they chased accused, the accused have entered Eucalyptus garden near Bellalli and tried to escape. He has hit the bike of accused persons and they fell from the bike. The rider of the bike 10 S.C.No.1357/2019 threw stone and escape from the spot. C.W.1 tried to apprehend the pillion rider who is the accused No.1 but he has stabbed C.W.1 on his left hand causing bleeding injury. C.W.12 instructed accused No.1 to surrender by throwing away the knife, but the accused tried to assault C.W.1 and 12. Therefore C.W.12 has shot on the leg of accused No.1 causing injury to him. Thereafter C.W.13 informed the control room to send hoysala vehicle and from Sampige Halli police station hoysala came and took accused No.1 to Yelahanka Government hospital. C.W.1 was also taken to Yelahanka government hospital in the police vehicle. He has identified the knife used by the accused No.1 as per M.O.1 and has identified accused No.1 as the accused who escaped from the spot, who was was riding the bike along with accused No.1.
13. C.W.16 Kumar who is the Head constable examined as P.W.6. This witness being the police official deposed about securing of accused. He further deposed that, accused No.1 assaulted with knife to C.W.1. At the 11 S.C.No.1357/2019 time of taking the accused to the custody, C.W.1 shooted to the left leg of accused. Thereafter injured have transmit to the hospital for medical treatment. Because he was not present at the time of incident. This witness visited the spot after the incident. Thereafter he transmit the injured to the hospital. The evidence of this witness is also formal one.
14. C.W.18 Shivanand ASI examined as P.W.11. This witness deposed that on 16.09.2014 about 6.20 p.m, he patrolling night duty in hoysala vehicle. At that time he received the information about chain snatching and C.W.19 chasing the accused. Thereafter he went to the spot and transmit the injured to the Government hospital for medical treatment. Accordingly this witness deposed about transmitting of injured to the hospital for medical treatment. The evidence of this witness is formal one.
12 S.C.No.1357/2019
15. C.W.12 Muralidhar and C.W.13 Mahesh the police inspectors is examined as P.W.9 and 10. They also deposed that when he was on rounds at about 5.20 am he received information from control room that from Maruthi Nagar towards Venkatala main road near ATM, near the house of Krishnamurthy 2 persons came on bike and snatched the gold chain of C.W.2. P.W.10 the inspector of Yelahanka New Town police station, C.W.1 the police inspector of Yelahanka police station, had followed the bike of accused persons. P.W.9 also followed them and when they went on Bellalli cross, he found the accused persons proceeding in front of the jeep on motor cycle and he followed them. The accused persons entered a Eucalyptus garden. C.W.1 and 13 were at a distance of one furlong from accused. The jeep of C.W.1 has hit the motor cycle of accused persons. Then the rider of the motor cycle threw stone on them and escaped from the spot. P.W.1 tried to apprehend accused No.1 the pillion rider. Accused No.1 was holding knife and tried to attack 13 S.C.No.1357/2019 on P.W.1 and other police officials. Though he was instructed to surrender by throwing away the knife, he did not listen to the police officers. Hence C.W.1 has fired in the air. When the accused No.1 attacked P.W.1 by stabbing P.W.1 on his left hand he has shot the accused No.1 on his leg causing injuries. Again when the accused No.1 tried to assault him he has shot again on the leg of accused No.1. He has identified the accused No.2 who has escaped from the spot. He has also spoken about the spot mahazar, seizure of M.Os. 1 to 10.
16. C.W.15 Kiran the police constable of Chikkajala police station and driver of the jeep of P.W.9 is examined as P.W.5. Even according to him accused No.2 rider of the bike escaped from the Eucalyptus garden, when the bike was hit by the police jeep. He has not identified accused No.1 before the court.
17. P.W.1 is the police official of Yelahanka police station and he has deposed that, P.W.1 called him and 14 S.C.No.1357/2019 asked him to come near Axis bank ATM at Venkatala and when he went to the said place P.W.1 called him and asked him to come near Bellalli cross and accordingly he proceeded to Bellalli cross. He reached Bellalli cross at abut 6.00 a.m. He found that C.W.1 sustained bleeding injury on his left hand. Police inspector of Yelahanka New Town police station and Chikkajala police station were present there. Accused No.1 who snatched the chain was also at the said place and he had suffered bullet injury. He has not spoken anything about the accused No.1 or accused No.2 escaping from the spot.
18. P.W.1 and 11 to 14 are the only witnesses who have spoken about the accused No.1 and there is no incriminating evidence against accused No.1 to show that accused No.1 caused simple or grievous hurt to PWs1 and 19 deterring them from discharging their duty as public servants.
15 S.C.No.1357/2019
19. C.W.22 Krishnappa the investigating officer of Kothanur police station is examined as P.W.4. He has deposed that on 16.09.2014 at 10.15 a.m P.W.1 came to the police station along with P.W.9 and lodged complaint as per Ex.P.1. He registered the case and forwarded the FIR to the court as per Ex.P.6. On the same day in the afternoon he visited the place of incident in the presence of C.Ws.3,4,6 and 12. He has conducted spot mahazar as per Ex.P.2 and seized M.O.1 knife measuring 10 inches in length, blood stained mud, sample mud, 2 used bullets, Hero Honda Splendor vehicle, 1 black helmet, piece of indicator light of two wheeler, and Government jeep bearing No.KA02G1113, a pair of slippers, copies of DL, license and insurance certificate in the name of Manjunath, plastic pieces of mudguard of two wheeler and has identified the same as per M.Os.1 to 12.
20. The seized motor bike pertains to Cr.No.278/2018 of Yalahanka police station and hence he has handed over the documents and bike to 16 S.C.No.1357/2019 Yelahanka police station. Accused No.1 was taking treatment at Yelahanka Government hospital. He visited the hospital and the medical officer produced the blood stained cloths of the accused and he has seized the same in the presence of panch witnesses by conducting mahazars as per Ex.P.7 to 9. Doctor has also produced the gold chain and apple mobile phone found in the pocket of pants of accused and he has seized the blood stained pant, apple phone and gold chain. He has identified the pants and mobile as per M.Os.6 and 7. The chain pertains to the crime number of Yelahanka police station and hence he has handed over the gold chain to Yelahanka police station. He has recorded the voluntary statement of C.W.2 and other witnesses. He had deputed his staff to secure the accused No.2 who escaped from the spot,
21. On 17.09.2015 C.W.8 has issued notice to C.W.1 and 12 the police inspector, asked them to produce the pistol used by them for their self defence and 17 S.C.No.1357/2019 C.W.12 has produced the pistol along with 4 live bullets and he has seized the same under Ex.P.2. He has identified the pistol as per M.O.13 and the used and unused bullets as per M.O.15. Thereafter he has visited the Government hospital and has met P.W.1 the police inspector of Yelahanka police station who has produced the blood stained shirt and pants and also the pistol with live bullets. He conducted mahazar as per Ex.P.6 and seized the same as per M.Os.17 to 20. The pants and shirt are identified as M.Os.4 and 5. Further as per the direction of DCP he has handed over the file and further investigation to ACP of Sampige Halli Sub Division.
22. C.W.23 R.L.Nataraj the investigating officer who filed the charge sheet is examined as P.W.13. He has conducted further investigation and on 20.09.2014 he enquired about the conditions of accused in the hospital. On 29.09.2014 the accused was discharged from the hospital. He was brought to the police station and he arrested him and recorded his voluntary statement. In 18 S.C.No.1357/2019 the voluntary statement he has stated that along with Muniyappa accused No.2, Shivashankar and Sathish he has snatched 35 grams of gold chain and he has sold the said chain to Gopi.
23. He has sent the seized materials to FSL and has referred to FSL for blood grouping of accused No.1. He has collected the wound certificate of P.W.1 from the government hospital as per Ex.P.9 which indicates that P.W.1 has suffered fracture of left forearm and another 3 injuries which are grievous in nature. He has also obtained the wound certificate of accused No.1 from the Government hospital and accused No.1 has also sustained grievous injuries. After investigation he has submitted the charge sheet. It is suggested in the cross examination of P.W.13 that accused is relative of Sathish and said Sathish has given the complaint to the Human Rights Commission against the police and he has denied the same. It was further suggested to him that they have created a fake shootout case against the accused. 19 S.C.No.1357/2019 Further accused No.1 is no way connected to the case and he denied the said suggestion.
24. In order to prove the offence punishable under Sec.332 of IPC, the prosecution must prove that, "hurt was caused to a public servant:
a) While acting in discharge of his official duty.
b) to prevent him or deter him to discharge his duty
c) in consequences of his having done some act or attempted to be done in lawful exercise of his duty as a public servant.
In order to constitute the offence punishable under Sec.335 of IPC, the prosecution must prove that, grievous hurt has been caused to a public servant:
1) Accused caused grievous hurt.
2) He did it voluntarily but on sudden and grave provocation.
3) Neither he intended nor he knew that it is likely to cause grievous hurt to any other person than one who gave the provocation. 20 S.C.No.1357/2019
25. The prosecution has proved the hurt and grievous hurt caused to P.W.1 by accused No.2 but not by accused No.1. Though hurt has been caused to P.W.1 by accused No.2, no incriminating evidence is placed against accused No.1 having caused any injury or preventing the public servant, the police inspector from discharging their duty.
26. Further in order to constitute the offence punishable under Sec.307 of IPC the prosecution must prove that, "accused No.1 did some acts and such acts shall done with an intention or knowledge and caused hurt to the victim by the said act'.
27. The prosecution has not placed any material to show that accused No.1 did some act causing hurt to P.W.1 or P.W.13 with an intention or knowledge to cause hurt to the police officers.
28. As could be seen from the evidence adduced by the prosecution, P.W.1 and P.Ws.9 to 11 and 13 are the 21 S.C.No.1357/2019 only witnesses who are spoken about the presence of accused No.1 at the alleged Eucalyptus garden on Bellalli cross. P.W.1 and 9 to 11 have deposed that the police jeep hit the motor cycle of accused, both the accused fell down and accused No.2 who was rider of the motor cycle threw stone and escaped from the spot. None of the witnesses say that the stone thrown by the accused No.1 fell on them causing hurt to any of them and that accused No.1 has deterred P.Ws.1 and 9 to 11 from discharging their duty as public servant. Their evidence clearly goes to establish that after the accused No.2 escaped from the spot, they tried to apprehend accused No.1 and accused No.1 had tried to stab P.W.1 and 9 to
11. Further P.W.1 has fired in the air with his pistol. P.W.13 who filed the charge sheet does not say about the securing of accused No.1 during the course of investigation.
29. Accused No.1 arrested in the spot and provided medical treatment. When the case was 22 S.C.No.1357/2019 committed before the court, accused No.1 and 2 were granted bail by this court as per order dated 07.03.2015. Thereafter accused No.1 was present before the court for some time and thereafter he remained absent and as per the order dated 18.07.2016 case against accused No.1 was split up in S.C.No.1357/2019. Therefore the ingredients of offences punishable under Sec.332 and 335 IPC will not attract against accused No.1. It is pertinent to note that except P.W.1 none of the witnesses have been cross examined by accused No.1. Since there was no material evidence against the accused No.1 non cross examination of P.Ws.1 to 9 to 11 is of no relevance. It will not be appropriate for the court to discuss about the evidentiary value of the witnesses against accused in his absence as he has not faced trial in this case. Further common intention under section 34 of IPC does not attract as there is no pre meeting of minds of accused No.1 and 2 for these offences. Considering the evidence placed by the prosecution through P.Ws.1 to 16 and the 23 S.C.No.1357/2019 documentary evidence, the court is of the view that absolutely there is no incriminating evidence produced by the prosecution as against accused No.1. Therefore, the prosecution Has utterly failed to prove the guilt of accused No.1 beyond reasonable doubt and accordingly the points are answered in the negative.
30. Point No.3: In view of my findings on points No.1 and 2 , I proceed to pass the following: ORDER Acting under Section 235(1) of Cr.P.C., the accused No.1 is acquitted of the offence punishable under Section 332, 353, 307 and 506(B) of IPC.
M.O.3 to 6, 8 to 10, 14, 16, 18 and 20 are worthless and ordered to be destroyed after appeal period.
M.Os.1, 2, 7, 11, 12, 13, 15, 17 and 19 are ordered to be confiscated to the state.
24 S.C.No.1357/2019
Bail bond and surety bond are stands cancelled.
(Dictated to the Stenographer, directly on comuter, corrected, and then pronounced by me in the Open Court on this the 2nd Day of April, 2024) (T.Govindaiah) LVI Addl.City Civil & Sessions Judge, Bengaluru.
: ANNEXURE :
1. List of witnesses examined by prosecution.
P.W.1 C.W.1 Rajeev A
P.W.2 C.W.4 Prakash Shetti
P.W.3 C.W.3 Manjunath S.
P.W.4 C.W.22 V.Krishnappa
P.W.5 C.W.15 K.C.Kiran
P.W.6 C.W.16 M.Kumar
P.W.7 C.W.17 Aleem Pasha
P.W.8 C.W.9 Ravi S.
P.W.9 C.W.12 Murilidhar
P.W.10 C.W.13 Mahesh
P.W.11 C.W.18 Shivanandha
P.W.12 C.W.21 Dr.Ramachandra
P.W.13 C.W.23 R.N.Nataraju
P.W.14 C.W.7 Manjunath R.
P.W.15 C.W.8 Pilip
P.W.16 C.W.6 Tanveer
25 S.C.No.1357/2019
2. List of witnesses examined by defence.
Nil
3. List of documents marked by prosecution.
Ex.P.1 Copy of complaint
Ex.P.2 Spot mahazar
Ex.P.3 Statement of P.W.2
Ex.P.4 Notice
Ex.P.5 Notice
Ex.P.6 FIR
Ex.P.7 Mahazar
Ex.P.8 Mahazar
Ex.P.9 Mahazar
Ex.P.10 Wound certififcate
Ex.P.11 Notice
Ex.P.12 Sample seal
4. List of documents by defence.
Nil
5. List of material objects marked by prosecution.
M.O.1 Knife M.O.2 Helmet M.O.3 One pair of slipper M.O.4 Pant M.O.5 Shirt M.O.6 Blood stained pant M.O.7 Apple phone M.O.8 Indicate piece of 2 wheeler M.O.9 Glass piece of light M.O.10 Plastic piece of mudguard M.O.11 & 12 2 used bullets 26 S.C.No.1357/2019 M.O.11(a) & 12(a) 2 Covers M.O.13 Pistol M.O.14 Cloth cover of M.O.13 M.O.15 4 bullets (1 live, 3 empty) M.O.16 Cloth cover M.O.17 Pistol M.O.18 Cloth cover of M.O.17 M.O.19 3 used bullets M.O.20 Cloth cover of M.O.19 LVI Addl.City Civil & Sessions Judge, Bengaluru. 27 S.C.No.1357/2019 Judgment pronounced in open Court. (Vide separate order) ORDER Acting under Section 235(1) of Cr.P.C., the accused No.1 is acquitted of the offence punishable under Section 332, 353, 307 and 506(B) of IPC. M.O.3 to 6, 8 to 10, 14, 16, 18 and 20 are worthless and ordered to be destroyed after appeal period. M.Os.1, 2, 7, 11, 12, 13, 15, 17 and 19 are ordered to be confiscated to the state. 28 S.C.No.1357/2019 Bail bond and surety bond are stands cancelled. LVI Addl.City Civil & Sessions Judge, Bengaluru. 29 S.C.No.1357/2019