Bangalore District Court
Gowri Lankesh vs Vishnu R.Bhat on 3 August, 2024
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C.C.No.8698/2015
KABC030237642015
IN THE COURT OF THE XXXVII ADDL.CHIEF JUDICIAL
MAGISTRATE, BANGALORE CITY.
Dated this the 03rd day of AUGUST, 2024.
Present: Sri SYED ARFATH IBRAHIM M., B.A.L, L.L.B.,
XL Addl. C.J.M., Bangalore.
C/C XXXVII ACJM., BANGALORE.
C.C. No.8698/2015
JUDGMENT UNDER SEC.355 OF CR.P.C.,
Complainant : State by BASAVANAGUDI Police
Station.
Vs/-
Accused : SRI VISHNU R.BHAT
S/O RAMACHANDRA BHAT
AGE 45 YEARS,
R/AT NO.398, 19TH MAIN ROAD,
4TH BLOCK, NANDINI LAYOUT,
BANGALORE- 95.
Date of offence : 14-07-2014
Offences complained : U/s.153A, 295, 295A of IPC. R/W/S
of 66(A) Information Technology
Act,2000.
Plea : Accused Pleaded not guilty
Final Order : Accused is Acquitted.
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Date of Order : 03-08-2024.
*****
The Police Inspector, Basavanagudi Police Station, Bangalore
has filed this chargesheet against the accused for the offences
punishable U/s.153A, 295, 295A of IPC. R/W/S 66(A) of
Information Technology Act,2000.
2. The criminal law has been set into motion based on the
first information statement of N.Prabha. The gist of the prosecution
case is that the accused on 14-07-2014 at 5.30 p.m. had posted
message to the face book account of CW-1 who is editor of Gowri
Lankesh situated at No.9 EAT Road of Basavanagudi. The message
contended that 'ಶಾಂತಧರ್ಮವೆಂದು ಮುಸಲ್ಮಾನರು ಹೆಮ್ಮೆಯಿಂದ ಹೇಳಿಕೊಳ್ಳುವ ಈ
ಮತಧರ್ಮ್ಮ ಜಗತ್ತನ್ನು ಬಿಟ್ಟುಹೋಗಬೇಕು ಅಲ್ಲಿಯವರೆಗೆ ಯಾರೂ ನೆಮ್ಮದಿಯಿಂದ ಇರಲು
ಸಾಧ್ಯವಿಲ್ಲ ಎಂದು ವಿವಿಧ ಗುಂಪುಗಳ ನಡುವೆ ಮತ್ತು ಧರ್ಮ , ವಂಶ , ಜನ್ಮಸ್ದಳ , ವಾಸಸ್ದಳ,
ಭಾಷೆಗಳ ಮೇಲೆ ವೈರತ್ವವನ್ನು ಹುಟ್ಟುಹಾಕಿದ್ದು' and thus caused hatred in the
minds of the various religious communities and sentiments of
people who perform pooja by making such derogatory statements.
Further the accused posted defamatory messages to destroy,
damage or defile any place of worship or any object held sacred by
class of persons with the intention of insulting the religion and also
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C.C.No.8698/2015
by posted such message to CW.1 with deliberate and malicious
intention of outraging the religious feelings with the knowledge that
is likely to consider such destruction, damage or defilement
committed religious sentiments. Based on the said first information
of N.Prabha, a case in Crime No.234/2014 came to be registered
against the Accused for the aforesaid offences.
3. After completion of the investigation, the Police-Inspector,
Basavanagudi Police Station, Bangalore has filed this charge sheet
against the Accused for the offence punishable U/s.153A, 295,
295A of IPC. R/W/S 66(A) of Information Technology Act,2000. On
receipt of charge sheet, this court took the cognizance of the alleged
offences. Pursuant to the issuance and service of summons
Accused entered appearance and was enlarged on bail and the
prosecution papers was provided to the accused as required
U/s.207 of Cr.P.C.
4. Before framing charge, an opportunity of being heard was
provided to the accused and after hearing him and the prosecution
and as there was sufficient materials, the charge for the aforesaid
offence was framed and same was read over to the accused in the
language known to him, to which, the accused pleaded not guilty
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C.C.No.8698/2015
and claimed to be tried. Thereafter, the matter was set down for
prosecution evidence.
5. In order to prove the charges, the prosecution has
examined PW-1 to PW-4 witnesses and got marked Ex.P1 to P6
documents. The Statement of Accused as required U/s. 313 of
Cr.P.C., was recorded. The accused denied the incriminating
circumstances appearing against him. The accused have not let in
any oral or documentary evidence on his behalf.
6. Heard arguments on both sides. I have Perused the
materials on record.
7. The following point arise for my determination :-
1) Whether the prosecution proves beyond all reasonable
doubt that on on 14-07-2014 at 5.30 p.m. had posted
message to the face book account of CW-1 who is editor
of Gowri Lankesh situated at No.9 EAT Road of
Basavanagudi. The message contended that
'ಶಾಂತಧರ್ಮವೆಂದು ಮುಸಲ್ಮಾನರು ಹೆಮ್ಮೆಯಿಂದ ಹೇಳಿಕೊಳ್ಳುವ ಈ
ಮತಧರ್ಮ್ಮ ಜಗತ್ತನ್ನು ಬಿಟ್ಟುಹೋಗಬೇಕು ಅಲ್ಲಿಯವರೆಗೆ ಯಾರೂ
ನೆಮ್ಮದಿಯಿಂದ ಇರಲು ಸಾಧ್ಯವಿಲ್ಲ ಎಂದು ವಿವಿಧ ಗುಂಪುಗಳ ನಡುವೆ ಮತ್ತು
ಧರ್ಮ , ವಂಶ , ಜನ್ಮಸ್ದಳ , ವಾಸಸ್ದಳ, ಭಾಷೆಗಳ ಮೇಲೆ ವೈರತ್ವವನ್ನು
ಹುಟ್ಟುಹಾಕಿದ್ದು' and thus caused hatred in the minds of the
various religious communities and sentiments of people
who perform pooja by making such derogatory
statements. Further the accused posted defamatory
messages to destroy, damage or defile any place of
worship or any object held sacred by class of persons
with the intention of insulting the religion and also by
posted such message to CW.1 with deliberate and
malicious intention of outraging the religious feelings
with the knowledge that is likely to consider such
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C.C.No.8698/2015
destruction, damage or defilement committed religious
sentiments and thereby the accused has committed the
offences punishable u/s.153A, 295, 295A of IPC. R/W/S
66(A) of Information Technology Act, 2000?
2) What Order?
8. My finding to the above points are as under:-
Point No.1.......In the Negative.
Point No.2.......As per final Order, for the following :-
REASONS
9. POINT No.1:- It is the fundamental principle of criminal
jurisprudence that the prosecution will have to establish its case
beyond all reasonable doubt. In order to prove the same, the
prosecution has examined three witnesses as PW1 to 4 and got
marked Ex,P.1 to Ex.P6 documents.
10. CW-2 was examined as PW-1. He has deposed in his
examination in chief that during August 2014 in the office of Gowri
Lankesh Patrike at Basavanagudi he has signed Mahazar Ex.P.1
regarding one B.V. Bhat posting derogatory messages on
facebook about muslim people. CW-1 lodged complaint. The police
have conducted mahazar in their office as per Ex.P.1 and he
identified his signature as per Ex.P.1(a). During his cross
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C.C.No.8698/2015
examination, he has admitted that he works in the office of CW-1.
He also admits that he had not read the contents of Ex.P.1.
11. CW-3 was examined as PW-2. He has deposed in his
examination in chief that during August 2014 in the office of Gowri
Lankesh Patrike at Basavanagudi he has signed Mahazar Ex.P.1
regarding one B.V. Bhat posting derogatory messages on
facebook about muslim people. CW-1 lodged complaint. The police
have conducted mahazar in their office as per Ex.P.1 and he
identified his signature as per Ex.P.1(b). During his cross
examination, he has admitted that he works in the office of CW-1.
He also admits that he had not read the contents of Ex.P.1.
12. CW-9 was examined as PW-3 Papanna, Police Inspector
has deposed regarding receiving of complaint, conducting spot
panchanama, registering of FIR, conducting seizure panchanama,
recording voluntary statement of accused and filing of chargesheet.
During his cross examination he has stated that accused was
already arrested by Chandra Layout Police Station before he
arrested the accused. He admits that accused and CW-1 are
friends. He states that he had not recovered any materials from the
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C.C.No.8698/2015
accused as the hard disk was already seized by Chandra Layout
Police Station. He admits that he had not taken any signature from
the panchas regarding seizure of articles.
13. CW-7 was examined as PW-4. He has deposed in his
evidence that he knows the accused and deposed police did not
summoned him and in his presence nothing has been seized. About
09 years back when he visited police station, the police took his
signature on Ex.P.6 panchanama as per Ex.P.6(a) and he do not
know contents in it. This witness was treated hostile by the
prosecution. During the cross examination he denied the
suggestion made to him.
14. The above being the evidence on record, other than the
panchas the prosecution has not examined any witnesses. The
prosecution has failed to examine the complainant to prove its
case. Even the seizure pancha who was examined as PW-4 has
turned hostile. Further the spot panchas being PW-1 and 2 have
stated that they do not know the contents of Ex.P.1. Such being
the case, the prosecution has failed to prove the alleged offences
and also the spot and seizure panchanama. When the prosecution
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has failed to prove the very crux of the matter, this court holds that
the prosecution has failed to prove its case beyond reasonable
doubt.
Accordingly I answer point No.1 in the Negative.
15. POINT No.2:- In the result, I proceed to pass the
following:-
ORDER
In exercise of power conferred U/s.248(1) of Cr.P.C., accused is acquitted of the offences punishable U/s.153A, 295, 295A of IPC. R/W/S 66(A) of Information Technology Act,2000.
The bail bond and surety bonds executed by the accused shall remain in force for 6 months.
(Dictated to the Stenographer directly on the computer, typed by her, print out taken by her is verified, corrected & then pronounced by me in the Open Court dated this the 03-08-2024 ).
(SYED ARFATH IBRAHIM M.,) XL Addl.CJM.,B'lore C/C XXXVII ADDL.C.J.M., BANGALORE.
9C.C.No.8698/2015 ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
PW-1 : Raju PW-2 : Girish PW-3 : Papanna PW-4 : Kiran
LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:
Ex.P.1 : Panchanama. Ex.P.1(a) & 1(b) : Signature of PW-1,PW-2 Ex.P.2 : Complaint Ex.P.2(a) : Signature of PW-2 Ex.P.3 : FIR Ex.P.3(a) : Signature of PW-2 Ex.P.4 : Panchanama Ex.P.4(a) : Signature of PW-2 Ex.P.5 : copy of Facebook message. Ex.P.6 : Seizure panchanama. Ex.P.6a : Signature of PW-5
LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF THE PROSECUTION:
NIL LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENCE:
NIL LIST OF DOCUMENTS AND MATERIALS MARKED ON BEHALF OF THE DEFENCE .
NIL C/C XXXVII ACJM., BANGALORE. 10 C.C.No.8698/2015 11 C.C.No.8698/2015 3-8--2024 Judgment pronounced in open court vide separately.
ORDER In exercise of power conferred U/s.248(1) of Cr.P.C., accused is acquitted of the offences punishable U/s.153A, 295, 295A of IPC. R/W/S 66(A) of Information Technology Act,2000.
The bail bond and surety bonds executed by the accused shall remain in force for 6 months.
C/C XXXVII ACJM., BANGALORE. 12 C.C.No.8698/2015