Bangalore District Court
R T Nagar Police Station vs Prasad Gouda on 6 November, 2024
KABC030372042023
Presented on : 21-08-2023
Registered on : 26-08-2023
Decided on : 06-11-2024
Duration : 1 years, 2 months, 16 days
IN THE COURT OF THE VIII ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, BENGALURU CITY
Present: Smt. Deepa.V., B.A.L. LL B.
VIII ACJM, Bengaluru City.
Date: this the 06th Day of November, 2024
C.C. No.21383/2023
State by R.T.Nagara Police Station,
Bengaluru. ... Complainant
(Represented by Sri Vishwanath, Senior APP)
Versus
1. Sri Prasad Gouda,
Aged about 27 years,
S/o Sri Manjunath Gouda,
R/at No.13, 1st Cross,
1st Main, Manorayanapalya,
R.T.Nagar, Bengaluru City.
KABC030372042023 CC No.21383/2023
2. Sri Nithith Kumar,
Aged about 25 years,
S/o Sri Rajegowda,
R/at No.121, 6th Main,
HMR School Arch Road,
Near Bengaluru University,
Jnanabharathi, Bagalkote.
3. Sri Ravi Theja,
Aged about 30 years,
S/o Sri Venkateshwarao,
R/at NGEF Layout, 12th Cross,
Mallathahalli, Nagarabhavi,
Bengaluru City.
4. Sri Vijnesh,
Aged about 30 years,
S/o Sri Jothikumar,
R/at No.558, SSA Road,
Cholanayakanahalli,
Hebbal, Belagavi City.
5. Sri Balaji.K.
Aged about 23 years,
S/o Sri Shreenath.K.
R/at NGEF Layout, 12th Cross,
Mallathahalli, Nagarabhavi,
Bengaluru City. ................Accused
2
KABC030372042023 CC No.21383/2023
(A1 & 4 Represented By Sri Krishnamurthy,
Advocate)
(A2, 3 & 5 Represented By Sri Sreeram T. Nayak,
Advocate)
1. Date of commission of 30-07-2023
offence
2. Name of Complainant Sri Jeevan Shetty
3. Offences complained of Under Section 354, 323,
448, 504, 506 read with
Sec.149 IPC
4. Charge Pleaded not guilty
5. Final Order Accused are acquitted
6. Date of order 06-11-2024
JUDGMENT
The Police Sub-Inspector of R.T. Nagara Police Station submitted charge sheet against accused No.1 to 5 for the offences punishable under Section 354, 323, 448, 504, 506 read with Sec.149 of Indian Penal Code.
2. Prosecution Case: CW1 Sri Jeevan Shetty, CW2 Sri Sudhakar and CW3 Smt. Madhuri residing at House No.4/1, RT Nagar, KHB Main Road, II 3 KABC030372042023 CC No.21383/2023 Cross, within the limits of R. T. Nagara PS, on 30-07- 2023 at 10.55 PM, accused No.1 to 5 with common object, under influence of alcohol were urinating next to the car, which was parked in front of the said house, when CW1 to CW3 questioned, accused persons trespassed into the said house, abused them with filthiest language, beaten them with their hands and dragged CW3 being woman with intention to outrage her modesty and threatened with life consequences.
3. First Information Report: On the basis of first information given by Sri Jeevan Shetty, CW7 Sri Subhaschandra Pattan, PSI of R.T.Nagara Police Station registered a Crime No.254/2023 against the accused for the offences punishable under Section 506, 504, 448, 323, 354 R/W Sec.149 of IPC, prepared FIR and sent the same to the Court and to his superior officers.
4. Investigation: After registration of FIR, he drawn spot mahazar on 31-07-2023, recorded the statement of requisite witnesses, collected the documents and submitted charge sheet against accused No.1 to 5 for the alleged offences.
5. On receipt of charge sheet, this Court took cognizance of offences alleged against the accused.
4KABC030372042023 CC No.21383/2023
6. The accused No.1 and 4 were enlarged on bail by the order dated 16-02-2024. The accused No.2, 3 and 5 were enlarged on bail by the order dated 22-02- 2024.
7. Copies of prosecution paper as required U/Sec.207 of Cr.P.C have been furnished to the accused persons.
8. Charge: After hearing learned Sr.APP and counsel for accused, charge for the offences punishable U/Sec 354, 323, 448, 504, 506 read with Sec.149 of Indian Penal Code has been framed, read over and explained to the accused in the language known to them, who, in turn, pleaded not guilty and claimed to be tried.
9. Prosecution Evidence: The prosecution in order to establish its case cited 7 witnesses, examined 3 witnesses and exhibited 4 documents. Perused the nature of offences and material witnesses PW1 to PW3 did not support the prosecution case and hence issuance of witness summons to other witnesses is dispensed by the order dated 5-11-2024.
5KABC030372042023 CC No.21383/2023
10. Accused statement as per section 313 of CrPC: There are no incriminating evidences against the accused persons found from the evidence of prosecution thereby the recording of statement of accused persons as per Sec.313 of Cr.P.C. is dispensed with.
11. Heard the arguments. Perused materials on the record.
12. The following point are arises for consideration is as follows;
1. Whether the prosecution proved beyond all reasonable doubt that on 30-07-2023 at 10.55 PM, at house No.4/1, situated at R.T. Nagar, KHB Main Road, II Cross, within the limits of R. T. Nagara PS, accused No.1 to 5 with common object trespassed into the said house thereby resulted in commission of the offence punishable u/Sec.448 R/w Sec.149 of IPC?
6KABC030372042023 CC No.21383/2023
2. Whether the prosecution proved beyond all reasonable doubt that on said date, place and time, the accused No.1 to 5 with common object abused CW1 Sri Jeevan Shetty, CW2 Sri Sudhakar and CW3 Smt. Madhuri with filthiest language and knowingly such abusive language will break the public peace thereby resulted in commission of an offence punishable u/Sec.504 R/w Sec.149 of IPC?
3. Whether the prosecution proved beyond all reasonable doubt that on said date, place and time, the accused No.1 to 5 with common object voluntarily beaten CW1 to 3 with hands and caused hurt thereby resulted in commission of an offence punishable u/Sec.323 R/w Sec.149 of IPC?
4. Whether the prosecution proved beyond all reasonable doubt that on said date, place and time, the accused No.1 to 5 with common object dragged CW3's hands with 7 KABC030372042023 CC No.21383/2023 intention to outrage her modesty thereby resulted in commission of an offence punishable u/Sec.354 R/w Sec.149 of IPC?
5. Whether the prosecution proved beyond all reasonable doubt that on said date, place and time, the accused No.1 to 5 with common object threatened her with life consequences thereby resulted in commission of an offence punishable u/Sec. 506 R/w Sec.149 of IPC?
6. What order?
13. The findings on the above points are as under:
Point No.1-5 : In the Negative Point No.6 : As per final order REASONS
14. Point No.1 to 5: These points are taken up together for the purpose of common discussion in order to avoid repetition of facts as they form the same part of transaction. In support of prosecution 8 KABC030372042023 CC No.21383/2023 case as narrated in paragraph 2 and the point for consideration in paragraph 12 of this judgment, the prosecution has examined the witnesses which are as follows
(i) CW1 by name Sri Jeevan Shetty, being informant examined as PW1 identified his signatures on Ex.P1 complaint and Ex.P2 Spot mahazar as Ex.P1(a) and 2(a) and deposed that no quarrel had taken place between him and accused persons, when he went to Police Station for making unclean in the front and back of his car, the police obtained his signatures on two documents. He affixed his signature at the request of police. In this regard, the learned Sr.APP has cross examined this witness by treating him as hostile witness but no favorable answer has been elicited from him to support the prosecution case. In cross examination he deposed that:
ನಾನು ಬೆಂಗಳೂರು ನಗರದ ಮನೆ ನಂ.4/1, 2ನೇ ಕ್ರಾಸ್, ಕೆ ಹೆಚ್ ಬಿ ಮುಖ್ಯ ರಸ್ತೆ, ಆರ್ ಟಿ ನಗರದಲ್ಲಿ ಚಾಸಾ 2 ಮತ್ತು 3 ರವರ ಜೊತೆ ವಾಸವಾಗಿದ್ದೇನೆ. ದಿ.30-07-2023 ರಂದು ನಾನು ಮತ್ತು ಚಾಸಾ 2 ಮತ್ತು 3 ರವರು ಮನೆಯಲ್ಲಿರುವಾಗ 1 ರಿಂದ 5ನೇ ಆರೋಪಿತರು ಕುಡಿದು ನಮ್ಮ ಮನೆಯ ಪಕ್ಕದಲ್ಲಿ ನಿಂತಿದ್ದ ಕಾರಿನ ಪಕ್ಕದಲ್ಲಿ ಬಂದು ಮೂತ್ರ ವಿಸರ್ಜನೆ ಮಾಡಿದ್ದು ಅದನ್ನು ಪ್ರಶ್ನಿಸಿದಾಗ ಮನೆಯ ಒಳಗಡೆ ಅತಿಕ್ರಮ ಪ್ರವೇಶ ಮಾಡಿ ನಮ್ಮನ್ನು ತಡೆದು ಚಾಸಾ 2 ರವರಿಗೆ ಕೈಮುಷ್ಟಿ ಮಾಡಿಕೊಂಡು ಗುದ್ದಿದ್ದು ಅವಾಚ್ಯ ಶಬ್ದಗಳಿಂದ ಬೈಯ್ದು ಆರೋಪಿತರು ಚಾಸಾ 3 ರವರ ಕೈ ಹಿಡಿದು ಎಳೆದಾಡಿ ಹೆಚ್ಚಿಗೆ ಮಾತನಾಡಿದರೆ ಮಾನಭಂಗ ಮಾಡುತ್ತೇವೆ ಎಂದು ಬೆದರಿಕೆ ಹಾಕಿರುತ್ತಾರೆ ಎಂದರೆ 9 KABC030372042023 CC No.21383/2023 ಸರಿಯಲ್ಲ. ದಿ.30-07-2023 ರಂದು ಆದ ಗಲಾಟೆಯ ಮೇರೆಗೆ ನಿಪಿ.1 ರಂತೆ ದೂರನ್ನು ನೀಡಿದ್ದೇನೆ ಎಂದರೆ ಸರಿಯಲ್ಲ. ಆ ವಿಚಾರವಾಗಿ ದಿ.31-07-2023 ರಂದು ಚಾಸಾ 5 ಮತ್ತು 6 ರವರ ಸಮಕ್ಷಮದಲ್ಲಿ ನಮ್ಮ ಮನೆಯ ಮುಂಭಾಗ ಮದ್ಯಾಹ್ನ 11-00 ರಿಂದ 11-50 ಗಂಟೆವರೆಗೆ ನನ್ನ ಸಮಕ್ಷಮದಲ್ಲಿ ಸ್ಥಳ ಮಹರನ್ನು ನಿಪಿ.2 ರಂತೆ ಬರೆದಿದ್ದಾರೆ ಎಂದರೆ ಸರಿಯಲ್ಲ.
(ii) CW2 Sri Sudhakar Shetty examined as PW2 and his daughter CW3 Smt.Madhuri examined as PW3 deposed that no quarrel had taken took place on 30-07-2023 between them and accused and they have not given any statement. In this regard, the learned Sr.APP has cross examined these witnesses by treating them as hostile witnesses but no favorable answers have been elicited from them to support prosecution evidence. In their cross examination, they deposed that:
ದಿ.30-07-2023 ರಂದು ನಾನು ಮತ್ತು ಚಾಸಾ 1 ಮತ್ತು 3 ರವರು ಮನೆಯಲ್ಲಿರುವಾಗ 1 ರಿಂದ 5ನೇ ಆರೋಪಿತರು ಕುಡಿದು ನಮ್ಮ ಮನೆಯ ಪಕ್ಕದಲ್ಲಿ ನಿಂತಿದ್ದ ಕಾರಿನ ಪಕ್ಕದಲ್ಲಿ ಬಂದು ಮೂತ್ರ ವಿಸರ್ಜನೆ ಮಾಡಿದ್ದು ಅದನ್ನು ಪ್ರಶ್ನಿಸಿದಾಗ ಮನೆಯ ಒಳಗಡೆ ಅತಿಕ್ರಮ ಪ್ರವೇಶ ಮಾಡಿ ನಮ್ಮನ್ನು ತಡೆದು ನನಗೆ (CW2) ಕೈಮುಷ್ಟಿ ಮಾಡಿಕೊಂಡು ಗುದ್ದಿದ್ದು ಅವಾಚ್ಯ ಶಬ್ದಗಳಿಂದ ಬೈಯ್ದು ಆರೋಪಿತರು ಚಾಸಾ 3 ರವರ ಕೈ ಹಿಡಿದು ಎಳೆದಾಡಿ ಹೆಚ್ಚಿಗೆ ಮಾತನಾಡಿದರೆ ಮಾನಭಂಗ ಮಾಡುತ್ತೇವೆ ಎಂದು ಬೆದರಿಕೆ ಹಾಕಿರುತ್ತಾರೆ ಎಂದರೆ ಸರಿಯಲ್ಲ. ಆದ ಗಲಾಟೆಯ ವಿಚಾರವಾಗಿ ಪೊಲೀಸರಿಗೆ ಹೇಳಿಕೆ ಕೊಟ್ಟಿದ್ದೇನೆ ಎಂದರೆ ಸರಿಯಲ್ಲ.
Their denial of statements given before the police are marked as Ex.P3 and P4.10
KABC030372042023 CC No.21383/2023
15. In this case the victims and material witnesses PW1 to 3 have not supported the prosecution case. Though the prosecution has cross examined these witnesses by treating as hostile witnesses, no favorable evidence have been elicited to support the prosecution case and they have deposed falsely to help the accused persons. Hence, this court has dispensed with issuance of witness summons to other witnesses as the material witnesses did not support the prosecution case. This court is of the opinion that even if other witnesses were examined by the prosecution and they supported the prosecution case that would not helpful as PW1 to PW3 themselves did not support the prosecution case. This court has dispensed with the evidence of other witnesses which could be only formal in nature and taken the prosecution evidence as closed.
16. It is a settled law that in order to bring home guilt of accused persons, the prosecution is required to prove its case beyond all reasonable doubt however in the case on hand, absolutely there are no materials to connect the accused persons in the commission of the alleged offences as discussed above. The prosecution miserably failed to prove that the accused are guilt of alleged offences beyond all reasonable doubt. Accordingly, this court answer point No.1 to 5 in the Negative.
11KABC030372042023 CC No.21383/2023
17. Point No.6:- In view of the above findings and reasons given on point No.1 to 5, this Court proceeds to pass the following:
ORDER Acting U/Sec.248(1) of the Cr.P.C.
(i) The accused No.1 to 5 are found not guilty and acquitted from the offences punishable under Sec.354, 323, 448, 504, 506 read with Sec.149 of IPC.
(ii) Accused are set at liberty.
(iii) In view of Section 437-A of Cr.P.C their bail bonds shall be in force for 6 (six) months.
(iv) Ordered accordingly.
(Dictated to the stenographer, typed by steno, verified and corrected by me, then the judgment pronounced by me in the open court, on this the 06th day of November, 2024) (Deepa.V.), VIII Addl. Chief Judicial Magistrate, Bengaluru City.
12KABC030372042023 CC No.21383/2023 ANNEXURE Witnesses examined for the prosecution :
PW1 : Sri Jeevan Shetty PW2 : Sri Sudhakar Shetty PW3 : Smt.Madhuri
Documents marked on behalf of the prosecution:
Ex.P1 : Complaint Ex.P2 : Spot Mahazar Ex.P3 : Statement of PW2 Ex.P4 : Statement of PW3
Material Objects marked on behalf of the prosecution: NIL Witnesses examined for the defence:Nil Documents marked on behalf of the defence:Nil VIII Addl. Chief Judicial Magistrate, Bengaluru City.
13KABC030372042023 CC No.21383/2023 06-11-2024 Judgment pronounced in the open court vide separately ORDER Acting U/Sec.248(1) of the Cr.P.C.
(i) The accused No.1 to 5 are found not guilty and acquitted from the offences punishable under Sec.354, 323, 448, 504, 506 read with Sec.149 of IPC.
(ii) Accused are set at liberty.
(iii) In view of Section 437-A of Cr.P.C their bail bonds shall be in force for 6 (six) months.
(iv) Ordered accordingly.
VIII ACJM, B'luru City.
14