Bangalore District Court
State By Puttenahalli vs No. A.1-Nalina on 10 January, 2023
1 C.C.No.7953/2020
Digitally
KABC030356812020 signed by I
IP P NAIK
Date:
NAIK 2023.01.10
15:34:26
+0530
IN THE COURT OF THE 30th ADDL.CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
Dated: This the 10th day of January, 2023.
:Present: Sri.I.P.Naik, B.A.L., LL.B.,
30th ACMM, Bengaluru.
C.C.No. 7953/2020
Complainant: State by Puttenahalli, Police
station.
-V/s-
Accused No. A.1-Nalina,
W/o.Ashwat Narayana,
Aged about 60 years,
R/at.No.78,
Behind IIM Compound,
Bilekahalli, B.G.Road,
Bengaluru-76.
A2- Indrani,
W/o. B.R.Srinivas,
Aged about 55 years,
R/at.No.78,
Behind IIM Compound,
Bilekahalli, B.G.Road,
Bengaluru-76.
A3-Shrinath Babu,
S/o. Late Ramaiah,
Aged about 53 years,
R/at.No.78,
Behind IIM Compound,
Bilekahalli, B.G.Road,
2 C.C.No.7953/2020
Bengaluru-76.
A4- Smt. Bharathi,
W/o. Eshwar,
Aged about 58 years,
R/at.No.78,
Behind IIM Compound,
Bilekahalli, B.G.Road,
Bengaluru-76.
A5- Aarathi,
W/o. Jagadish,
Aged about 48 years,
R/at.No.78,
Behind IIM Compound,
Bilekahalli, B.G.Road,
Bengaluru-76.
A6-Sandeep,
S/o.Ashwath Narayana,
Aged about 36 years,
R/at.No.78,
Behind IIM Compound,
Bilekahalli, B.G.Road,
Bengaluru-76.
A7-Nithin,
S/o. B.R.Srinivas,
Aged about 30 years,
R/at.No.78,
Behind IIM Compound,
Bilekahalli, B.G.Road,
Bengaluru-76.
A8-Varun Kumar,
S/o. Gopal
Aged about 22 years,
R/at.Near Patel Residency,
Behind IIM Compound,
Bilekahalli, B.G.Road,
Bengaluru-76.
A9- Lohith.B.K,
S/o. Late Krishnappa,
Aged about 26 years,
R/at.Near Patel Residency,
3 C.C.No.7953/2020
Behind IIM Compound,
Bilekahalli, B.G.Road,
Bengaluru-76.
Offences U/s.143, 147, 447, 323, 342,
504, 506 r/w. 149 of IPC.
Plea recorded On 08.11.2021.
313 Statement recorded on: On 06.01.2023.
Final order Accused 1 to 9 are Acquitted
Date of Order 10.01.2023
******
JUDGMENT
The PSI of Puttenahalli, Police Station has filed charge sheet against the accused No.1 to 9 for the offences punishable U/s.143, 147, 447, 323, 342, 504, 506 r/w. 149 of IPC.
2. The brief facts of the prosecution case are as follows:
It is alleged that, on 13.05.2013, CW1 and CW2 entered into an joint developments agreement to construct apartments with Prestige Nightingale Investments Company in respect of the property situated at Sy.No.64/3, 2.28 acres of land Yelahanka Hobli, situated at Puttenahalli, within the territorial limits of Puttenahalli, Police Station, and put zinc sheets 4 C.C.No.7953/2020 compound through the said place and appointed CW3 to CW5 as securities to the said property. On 30.05.2020, at about 9.00pm to 9.25pm, accused No.1 to 9 infurtherance of the common intention, formed unlawfull assembly to commit offence and in furtherance of your common intention, have became members of the unlawful assembly to commit rioting and criminal tress passed into the property belongs to CW1 and has abused CW1, CW4 and CW6 in filthy language so as to cause breach of public peace and to insult them and have assaulted CW1 with hands on CW3 and CW5's face, head, back, shoulder and wrongfully confined the CW3 and CW5 and has threatened the CW3 and CW5 caused criminal intimidation by posing life threat to vacate the premises and thereby accused has committed alleged offences. In this regard, CW1 lodged complaint before the jurisdictional police. During the course of investigation, I.O. visited the place of incident, drawn spot mahazar in the presence of the witnesses, recorded the statement of witnesses and after completion of investigation filed charge sheet against accused persons for the aforesaid offences.5 C.C.No.7953/2020
3. On the basis of charge sheet and other materials cognizance taken and case is registered against accused persons.
4. The copies of the prosecution papers have been furnished to the accused persons as required under Sec.207 of Cr.P.C.
5. The charge is framed, contents of charge have been read over and explained to the accused persons in the language known to them, they pleaded not guilty and claimed to be tried, hence, the prosecution is called upon to prove its case.
6. In order to prove the guilt of the accused persons, prosecution has examined 2 witnesses as PW1 & PW2 and 3 got marked documents as Ex.P.1 to P.3. In order to secure CW2 to 11 & 13 this court issued Summons, NBW and Proclamation. But the concerned police failed to secure these witnesses. Finally this court opined that there is no meaning in reissuing of Summons, NBW and Proclamation. Accordingly, 6 C.C.No.7953/2020 prayer of learned Sr.APP is rejected and CW2 to 11 7 13 are dropped.
7. Thereafter, Statement of the accused U/s.313 of Cr.P.C. is recorded. Accused have denied the incriminating evidence and not chosen to lead evidence, no documents are got marked on their behalf.
8. Heard both the side and perused the material evidence on record.
9. The following points would arise for my consideration:
1. Whether the prosecution proves that, accused persons on 13.05.2013, CW1 and CW2 entered into an joint developments agreement to construct apartments with Prestige Nightingale Investments Company in respect of the property situated at Sy.No.64/3, 2.28 acres of land Yelahanka Hobli, situated at Puttenahalli, within the territorial limits of Puttenahalli, Police Station, and put zinc sheets compound through the said place and appointed CW3 to CW5 as securities to the said property. On 30.05.2020, at about 9.00pm to 9.25pm, accused No.1 to 9 infurtherance of the common intention, formed 7 C.C.No.7953/2020 unlawfull assembly to commit offence and thereby committed an offence punishable under Section 143 r/w. 149 of IPC, within my cognizance.?
2. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, have became members of the unlawful assembly to commit rioting and thereby committed an offence punishable under Section 147 r/w. 149 of IPC, within my cognizance.?
3. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, criminal tress passed into the property belongs to CW1 and thereby committed an offence punishable under Section 447 r/w. 149 of IPC, within my cognizance.?
4. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, has abused CW1, CW4 and CW6 in filthy language so as to cause breach of public peace and to insult them and thereby 8 C.C.No.7953/2020 committed an offence punishable under Section 504 r/w. 34 of IPC, within my cognizance.?
5. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, have assaulted CW1 with hands on CW3 and CW5's face, head, back, shoulder and thereby committed an offence punishable under Section 323 r/w. 149 of IPC, within my cognizance.?
6. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, wrongfully confined the CW3 and CW5 and thereby committed an offence punishable under Section 342 r/w. 149 of IPC, within my cognizance.?
7. Further, you accused person on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, has threatened the CW3 and CW5 caused criminal intimidation by posing life threat to vacate the premises and thereby committed an offence punishable under Section 506 r/w. 149 of IPC, within my cognizance.?9 C.C.No.7953/2020
8. What Order?
10. My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
Point No.2 : IN THE NEGATIVE
Point No.3 : IN THE NEGATIVE
Point No.4 : IN THE NEGATIVE
Point No.5 : IN THE NEGATIVE
Point No.6 : IN THE NEGATIVE
Point No.7 : IN THE NEGATIVE
Point No.8 As per final order
......................... for the following REASONS
11. Point No.1 to 7:- In this case, PW1 is initial investigating office, PW1 is the owner of the property.
12. PW1 stated that, on 03.06.2020, at about 10.30pm, he has received first information statement Ex.P.1 from CW1 and registered the case against the accused persons in Cr.No.201/2020, thereafter, he has handedover the case file to CW12 for further investigation.
10 C.C.No.7953/2020
13. PW2-Jayavelu he deposed that, he is not aware about accused persons. Further, he state that, he has field suit for partition. It is pending for disposal. Further he stated that, 3 to 4 years back, one night, some unknown persons assaulted on the security. In this regard, he has lodged complaint. Further, he pleaded ignorance in respect of recitals of SO mahazar Ex.P.3. In this regard, the learned Sr.APP has cross- examined this witness by treating him hostile, but nothing worthy evidence is elicited from his mouth.
14. Further, learned Sr.APP specifically suggested that, accused have abused him and assaulted on security. The said suggestions are denied. Further, he also denied the drawing of mahazar, date time place cited therein.
15. In order to secure CW2 to 11 & 13 this court issued Summons, NBW and Proclamation. But the concerned police failed to secure these witnesses. Finally this court opined that there is no meaning in reissuing of Summons, NBW and Proclamation. Accordingly, prayer of learned Sr.APP is rejected and CW2 to 11 & 13 are dropped. Therefore, it is held that, 11 C.C.No.7953/2020 prosecution utterly failed to prove the guilt of the accused persons beyond reasonable doubt. Hence, I answer point No.1 to 7 are answered the Negative.
16. Point No.8:- Foregoing reasons, I proceed to pass the following:-
ORDER The powers conformed upon me Under Sec.248(1) of Cr.P.C., accused No.1 to 9 are hereby acquitted of the offences punishable U/s.143, 147, 447, 323, 342, 504, 506 r/w. 149 of IPC.
The bail & bail bond of accused No.1 to 9 and surety shall stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined. (Dictated to the Stenographer and after corrections made by me and then pronounced by me in the Open Court on this the 10th day of January 2023).
(I.P.Naik) XXX Addl.C.M.M., B'lore ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION P.W. 1 : Puttegowda P.W. 2 : Jayavelu 12 C.C.No.7953/2020
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P. 1 : Complaint Ex.P.2 : FIR Ex.P.3 : Mahazar
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE:
NIL
4. LIST OF THE MATERIAL OBJECTS MARKED FOR THE PROSECUTION:
NIL (I.P.Naik) XXX Addl.C.M.M., B'lore.13 C.C.No.7953/2020
(Judgment pronounced in Open Court vide separate):-
ORDER The powers conformed upon me Under Sec.248(1) of Cr.P.C., accused No.1 to 9 are hereby acquitted of the offences punishable U/s.143, 147, 447, 323, 342, 504, 506 r/w. 149 of IPC.
The bail & bail bond of accused No.1 to 9 and surety shall stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
(I.P.Naik) XXX Addl.C.M.M., B'lore.