Bangalore District Court
Bengaluru City vs Alleging That He Has Committed The ... on 26 December, 2022
1 C.C.No.19504/2019
Digitally signed by
VEEDAMOORTHY
VEEDAMOORTHY BS
KABC030613702019 BS SADANANDABHAT
SADANANDABHAT BOLLAJE
BOLLAJE
Date: 2022.12.26
16:00:25 +0530
Presented on : 26-08-2019
Registered on : 26-08-2019
Decided on : 26-12-2022
Duration : 3 years, 4 months, 0 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY
Dated this 26th day of December 2022
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.19504/2019 Date of commission of
2. 28.02.2019 the offence (As per F.I.R.) Konanakunte Police Station,
3. Name of the complainant Bengaluru City Prasanna Kumar D.R., S/o Rangaswamy, Aged about 35 years,
4. Name of the accused R/at Near Narenahalli, Pillaganahalli, B.G.Road, Bengaluru City, Karnataka.
2 C.C.No.19504/2019Sections 341, 355, 504, 506 The offences complained
5. and 509 of the Indian Penal of Code
6. Plea of the accused Pleaded not guilty
7. Final order Accused is acquitted
8. Date of order 26.12.2022 The Police Sub-Inspector of Konanakunte Police Station, Bengaluru has filed Police Report against the above named accused alleging that he has committed the offences punishable under Sections 341, 355, 504, 506 and 509 of the Indian Penal Code.
2. The Prosecution case in brief is that on 28.02.2019 at 6.30 p.m., the accused came to the house of CW1 situated at at No.457, 1st Floor, Pillaganahalli, Weavers Colony, B.G.Road, Bengaluru within the territorial jurisdiction of Konanakunte Police Station, Bengaluru City with angry in the matter of the complaint given by CW1 against him in Crime No.38/2019 for the offences punishable under Section 498A and 506 of the Indian Penal Code, holding her pony wrongfully restrained her; dragged her; threatened her to take back the complaint given against him otherwise, he will not 3 C.C.No.19504/2019 leave him; he will do sex her; others should also do sex with her; abused her in filthy languages and beaten her with slipper on her hand and back. Thereby, the accused has committed the offences punishable under Sections 341, 355, 504, 506 and 509 of the Indian Penal Code.
3. Based on the First Information of CW1, the crime was registered in Crime No.41/2019 at Konanakunte Police Station. During investigation, the accused was arrested and produced before this Court on 02.03.2019. He was enlarged on bail. After investigation, the Police Sub-Inspector of Konanakunte Police Station, Bengaluru City filed Police Report against the accused alleging that he has committed the offences punishable under Sections 341, 355, 504, 506 and 509 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused. He has appeared before this Court. 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 4 C.C.No.19504/2019 committed offences triable by this Court, charges for the offences punishable under Sections 341, 355, 504, 506 and 509 of the Indian Penal Code have been framed and read over to him in Kannada language. He has pleaded not guilty and claims to be tried.
4. To prove the charges framed against the accused, the prosecution has produced the oral evidences of 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 5 C.C.No.19504/2019 341, 355, 506, 506 and 509 of the Indian Penal Code 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;
REASONS
7. POINT No.1 :- In order to prove the charges leveled against the accused, out of 11 witnesses cited in the Police Report by the Investigation Officer, the prosecution has produced the oral evidences of only one witness before this Court as PW1. PW1 Taranum Sultana is the first informant, injured and the mahazar 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.41/2019 and on investigation, since, there are evidences collected by 6 C.C.No.19504/2019 the Investigation Officer to prosecute the accused for the offences punishable under Sections 341, 355, 506, 506 and 509 of the Indian Penal Code, 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. She has deposed in her examination-in-chief that no quarrel was taken place between her and the accused; as there were some petty differences between her and the accused, she gave First Information to the police as per Ex.P1; she does not know its contents; the police have not conducted any mahazar at the place of incident in her presence as per Ex.P2; she does not know the contents of Ex.P2 and he signed Ex.P2 at Police Station. 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; she gave it and the mahazar conducted at the place of incident as per Ex.P2 in her presence. Nothing has been elicited in his cross-examination supporting the case of the prosecution.
7 C.C.No.19504/2019
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 CW11 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 341, 355, 504, 506 and 509 of the Indian Penal Code 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 341, 355, 504, 506 and 509 of the Indian Penal Code beyond all reasonable doubt. Therefore, the accused is not found guilty for the aforesaid offences charged against him. In the result, I proceed to pass the following;
8 C.C.No.19504/2019
ORDERS Under Section 248(1) of Cr.P.C, the accused is hereby acquitted for the offences punishable under Sections 341, 355, 504, 506 and 509 of the Indian Penal Code.
His bail bond executed and cash surety furnished will be in force till appeal period and thereafter, it shall be canceled.
The property in PF No.394/2019 is ordered to destroy after appeal period. (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 26.12.2022) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Taranum Sultana.
Documents marked on behalf of Prosecution :-
Ex.P1 : First Information,
9 C.C.No.19504/2019
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.10 C.C.No.19504/2019
26.12.2022 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 punishable under Sections 341, 355, 504, 506 and 509 of the Indian Penal Code.
His bail bond executed and cash surety furnished will be in force till appeal period and thereafter, it shall be canceled.
The property in PF No.394/2019 is ordered to destroy after appeal period.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
11 C.C.No.19504/2019