Bangalore District Court
Station vs No.1 To 4 Are on 7 October, 2022
1 C.C.No.14667/2021
KABC030425792021
Presented on : 08-07-2021
Registered on : 08-07-2021
Decided on : 07-10-2022
Duration : 1 years, 2 months, 30 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY
Dated this 7th day of October 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.14667/2021 Date of commission of the
2. 14.05.2020 offence (As per F.I.R.) Channamanakare Police
3. Name of the complainant Station, Bengaluru City
4. Name of the accused 1. Gopalappa @ Gopal, S/o Seetharama, Aged about 65 years, R/at No.12, 4th Main Road, 2nd Block, Bovi Colony, 2 C.C.No.14667/2021 Thyagarajanagara, Bengaluru - 560 028.
2. Doreswamy @ Dore, S/o Chinnappa, Aged about 71 years, R/at No.118, 7th Cross, Thyagarajanagara 3rd Block, Bengaluru-28.
3. Varalakshmi, W/o Late Gopal, Aged about 41 years, R/at No.67, Bovi Colony, Thyagarajanagara, Bengaluru - 28.
4. Alamelu, S/o Late Subramani, Aged about 49 years, R/at No.67, Bovi Colony, Thyagarajanagara, Bengaluru - 28.
5. Indrani, W/o Ramanatha, (Dead) Sections 323, 354B, 504 and The offences complained
5. 509 R/w Section 34 of the of Indian Penal Code
6. Plea of the accused Pleaded not guilty Accused No.1 to 4 are
7. Final order acquitted
8. Date of order 07.10.2022 3 C.C.No.14667/2021 The Police Sub-Inspector of Channammanakere Achukattu Police Station, Bengaluru City has filed Police Report against the above named accused persons alleging that they have committed the offences punishable under Sections 323, 354B, 504 and 509 R/w Section 34 of the Indian Penal Code.
2. The Prosecution case in brief is that on 14.05.2020 at 7.00 a.m., when CW1 along with CW2 and CW3 were cleaning the land and constructing the compound in front of house of CW1 bearing No.23,, situated at 6 th Cross, Bovi Colony, Thyagarajanagara 3rd Block, Bengaluru within the territorial jurisdiction of Channammanakere Achukattu Police Station, Bengaluru City, the accused persons in furtherance of their common intention came there; picked up quarrel with CW1; abused CW1 in filthy languages; accused No.3 to 5 have voluntarily caused simple hurt to CW1 by beating her with their hands and accused No.1 and 2 have assaulted CW1 with an intention to disrobe her. Thereby, the accused persons have has committed the offences punishable 4 C.C.No.14667/2021 under Sections 323, 354B, 504 and 509 R/w Section 34 of the Indian Penal Code.
3. Based on the First Information of CW1, the crime was registered in Crime No.80/2020 at Channammanakere Achukattu Police Station. On completion of the investigation, the Police Sub-Inspector of Channammanakere Achukarru Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 323, 354B, 504 and 509 R/w Section 34 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused persons. Accused No.1 to 4 have appeared before this Court and enlarged on bail. The copies of the Police Report and other prosecution papers are furnished to the accused persons under section 207 of Cr.P.C. Thereafter, accused No.5 reported as dead and therefore, the case against her stands abated. After hearing, since there were grounds for presuming that accused No.1 to 4 have committed offences triable by this court, charges for the 5 C.C.No.14667/2021 offences punishable under Sections 323, 354B, 504 and 509 R/w Section 34 of the Indian Penal Code have been framed and read over to them in Kannada language. They have pleaded not guilty and claims to be tried.
4. To prove the charges framed against accused No.1 to 4, 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 accused No.1 to 4, the examination of accused No.1 to 4 under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for accused No.1 to 4. Perused the materials available on record.
5. The points for determination are;
1. Whether prosecution has proved the offences charged against accused No.1 to 4 for the offences punishable under Sections 323, 354B, 504 and 509 R/w Section 34 of 6 C.C.No.14667/2021 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 accused No.1 to 4, out of 7 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 Latha 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.80/2020 and on investigation, since, there are evidences collected by the Investigation Officer to prosecute the accused persons for 7 C.C.No.14667/2021 the offences punishable under Sections 323, 354B, 504 and 509 R/w Section 34 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 accused No.1 to 4. PW1 during her examination-in-chief has deposed that no quarrel was taken place between her and the accused persons; as there were some petty differences between them, she gave complaint to the Police as per Ex.P1; she does not know the contents of Ex.P1; 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 she 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 her cross-examination supporting the case of the prosecution. 8 C.C.No.14667/2021
9. On perusal of the above evidences, it appears that the First Informant and one of the injured witness PW1 has deposed not supporting the case of the prosecution. She has deposed in her cross-examination that she and accused No.1 to 4 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 the other prosecution witnesses are dropped. Under these circumstances, I am holding that the prosecution has not proved the guilt of accused No.1 to 4 for the offences punishable under Sections 323, 354B, 504 and 509 R/w Section 34 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 accused No.1 to 4 for the offences punishable under Sections 323, 354B, 504 and 509 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Therefore, accused No.1 to 4 are not found 9 C.C.No.14667/2021 guilty for the aforesaid offences charged against them. In the result, I proceed to pass the following;
ORDERS
Under Section 248(1) of Cr.P.C,
accused No.1 to 4 are hereby acquitted for the offences punishable under Sections 323, 354B, 504 and 509 R/w Section 34 of the Indian Penal Code.
Their bail bonds and surety bonds executed under Section 437 of Cr.P.C. will be in force till appeal period and thereafter, it shall be 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 07.10.2022) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Latha.
Documents marked on behalf of Prosecution :- 10 C.C.No.14667/2021
Ex.P1 : First Information, Ex.P1(a) : Signature, Ex.P2 : Spot 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.14667/2021
07.10.2022 Judgment pronounced in open Court vide separate order.
ORDERS Under Section 248(1) of Cr.P.C, accused No.1 to 4 are hereby acquitted for the offences punishable under Sections 323, 354B, 504 and 509 R/w Section 34 of the Indian Penal Code.
Their bail bonds and surety bonds executed under Section 437 of Cr.P.C. will 12 C.C.No.14667/2021 be in force till appeal period and thereafter, it shall be canceled.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.