Bangalore District Court
Station vs Has Committed Offences Triable By This ... on 10 March, 2023
C.C.No.14951/2021
Digitally signed by
VEEDAMOORTHY B VEEDAMOORTHY B
KABC030435992021 S S SADANANDABHAT
SADANANDABHAT BOLLAJE
BOLLAJE Date: 2023.03.10
14:02:42 +0530
Presented on : 12-07-2021
Registered on : 12-07-2021
Decided on : 10-03-2023
Duration : 1 years, 7 months, 29 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY.
Dated this 10th day of March 2023
PRESENT : SRI.VEDAMOORTHY B.S. B.A.(L), LL.B.
II Additional Chief Metropolitan Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.14951/2021 Date of commission of From 01.05.2019 to
2. the offence (As per F.I.R.) 25.12.2020 Rajarajeshwari Nagara Police
3. Name of the complainant Station, Bengaluru City.
Abhishek Gowda, S/o Late Ramesh, Aged about 26 years, R/at Near Chitrakoota School,
4. Name of the accused Nagadevanahalli, Sherke, Kengeri Upanagara, Bengaluru-560060.
2 C.C.No.14951/2021Sections 323, 498A and 504 of The offences complained the Indian Penal Code and
5.
of Sections 3 and 4 of the Dowry Prohibition Act 6. Plea of the accused Pleaded not guilty 7. Final order Accused is acquitted 8. Date of order 10.03.2023
The Police Inspector of Rajarajeshwari Nagara Police Station, Bengaluru has filed Police Report against the above named accused alleging that he has committed the offences punishable under Sections 323, 498A and 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
2. The Prosecution case in brief is that on 01.05.2019, the marriage of the accused was solemnized with CW1 at Police Bhavan, Chamundi Hill Road, Mysuru. At the time of marriage, as per the demand of the accused, CW1 gave one gold bracelet, one gold neck chain, one gold finger ring, house hold articles and spent Rs.30.00 lakhs for the marriage. After their marriage, they were residing at House No.402, 2 nd Main Road, 2nd Cross, 3rd Stage, BEML Layout, Bengaluru within 3 C.C.No.14951/2021 the territorial jurisdiction of Rajarajeshwari Nagara Police Station. When they went to Munnar and Cochin for honeymoon, the accused quarreled with CW1 and assaulted her with his hands. On 01.06.2019, he told CW1 not to tell the matter of they went to film. As CW1 told it to his grand mother, the accused assaulted on the cheek with his hand and kicked on her stomach. The accused quarreled with CW1 as she has given only Rs.1.00 lakh to purchase bullet bike. He abused her in filthy languages; assaulted with his hands and demanded to bring dowry from her parents house. On 25.12.2019, CW1 came back from her matrimonial house as she could not tolerate the harassment of the accused. When CW4 and CW5 sent CW1 back to her matrimonial house, the did not allow CW1 and sent back stating that she should not come without bringing dowry. Thereby, the accused has committed the offences punishable under Sections 323, 498A and 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
4 C.C.No.14951/2021
3. Based on the First Information of CW1, the crime was registered in Crime No.52/2021 at Rajarajeshwari Nagara Police Station. On completion of the investigation, the Police Inspector of Rajarajeshwari Nagara Police Station, Bengaluru City filed Police Report against the accused alleging that he has committed the offences punishable under Sections 323, 498A and 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. After taking cognizance of the said offences, the process was issued to the accused. He has appeared before this Court and enlarged on bail. The copies of the Police Report and other prosecution papers are furnished to the accused under Section 207 of Cr.P.C. After hearing, since there were grounds for presuming that the accused has committed offences triable by this Court, charges for the offences punishable under Sections 323, 498A and 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act have been framed and read over to the accused in Kannada language. He has pleaded not guilty and claims to be tried.
5 C.C.No.14951/2021
4. To prove the charges framed against the accused, the prosecution has produced the oral evidences of only PW1 and the documentary evidences in Ex.P1 and Ex.P2. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witnesses against the accused, the examination of the accused under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for the accused. Perused the materials available on record.
5. The points for determination are;
1. Whether prosecution has proved the offences charged against the accused for the offences punishable under Sections 323, 498A and 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act beyond reasonable doubt?
2. What order or sentence?
6. My answers to the above points are as follows:
Point No.1 : In the Negative, Point No.2 : As per final order for the following; 6 C.C.No.14951/2021
REASONS
7. POINT No.1 :- In order to prove the charges leveled against the accused, out of 12 witnesses cited in the charge- sheet by the investigation officer, the prosecution has produced the oral evidences of only one witness before this Court as PW1. PW1 Sushma is the First Informant, Mahazar and the injured witness. The prosecution has also produced the documentary evidences Ex.P1 and Ex.P2. Among them, Ex.P1 is the First Information and Ex.P2 is the Spot Mahazar.
8. As per the case of the prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.52/2021 and on investigation, since, there are evidences collected by the Investigation Officer to prosecute the accused for the offences punishable under Sections 323, 498A and 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, the Police Report was filed. In the First Information - Ex.P1, there are statements of PW1 with regard to the alleged incident committed by the accused. PW1 in her examination-in-chief has deposed that her marriage was 7 C.C.No.14951/2021 taken place with the accused on 01.05.2019 near Jaki Quarters situated on Chamundi Hills Road, Mysuru; after the marriage, they lived together; at the time of marriage, the accused has not demanded any dowry and he has not received any dowry; after marriage, the accused was looking after her well; no quarrel taken place between her and the accused; as there were some petty differences between her and the accused, she gave complaint to the police as per Ex.P1; she does not know its contents; she identified her signature in Ex.P2 as Ex.P2(a); she signed it at Police Station; she does not know its contents and the police have not conducted any Mahazar in her presence. She has been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, she has denied the contents of Ex.P1 and Mahazar conducted at the place of incident as per Ex.P2 in her presence. Nothing has been elicited in her cross-examination supporting the case of the Prosecution.
8 C.C.No.14951/2021
9. On perusal of the above evidences of PW1, it appears that the First Informant and the injured witness PW1 has deposed not supporting the case of the prosecution. She has deposed in her cross-examination that she and the accused have compromised the matter. Therefore, if the evidences of the other prosecution witnesses are recorded, no purpose will be served. For this reason, the evidences of CW2 to CW12 are dropped. Under these circumstances, I am holding that the prosecution has not proved the guilt of the accused for the offences punishable under Sections 323, 498A and 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
10. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused for the offences punishable under Sections 323, 498A and 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act beyond all reasonable doubt. Therefore, the 9 C.C.No.14951/2021 accused is not found guilty for the aforesaid offences charged against him. In the result, I proceed to pass the following;
ORDERS
Under Section 248(1) of Cr.P.C, the
accused is hereby acquitted for the
offences punishable under Sections 323,
498A and 504 of the Indian Penal Code
and Sections 3 and 4 of the Dowry
Prohibition Act.
His bail bond and surety bond
executed under Section 437 of Cr.P.C. will be in force till completion of appeal period and thereafter, it will be stand canceled. (Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 10.03.2023) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Sushma.
10 C.C.No.14951/2021Documents marked on behalf of Prosecution :-
Ex.P1 : First Information, Ex.P1(a) : Signature, Ex.P2 : Mahazar, Ex.P2(a) : Signature.
Material objects marked on behalf of Prosecution :-
NIL Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.11 C.C.No.14951/2021
10.03.2023 (Judgment pronounced in open Court vide separate order) ORDERS Under Section 248(1) of Cr.P.C, the accused is hereby acquitted for the offences 12 C.C.No.14951/2021 punishable under Sections 323, 498A and 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
His bail bond and surety bond executed under Section 437 of Cr.P.C. will be in force till completion of appeal period and thereafter, it will be stand canceled.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.