Bangalore District Court
State By vs Ranjith Kumar.N. S/O Nagaraj on 4 August, 2022
KABC0C0067042020
IN THE COURT OF THE XI ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 04th day of August 2022
PRESENT: SRI.KUMARA .S
B.A., LL.B.,
XI Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.51905/2020
Complainant - State by, Police Sub Inspector
Hennur Police Station
Represented by the Ld.Sr.APP
/vs/
Accused Ranjith Kumar.N. S/o Nagaraj, aged about 22
years, No.392, 5th Cross, Babusapalya,
G.N.R.Gurden, Bengaluru.
Represented by Sri.M.R Advocate.
Date of : 25.12.2018
commission of
the offence
Date of report of : 26.12.2018
the offence
Date of arrest of : NIL
accused
Date of released : 29-12-2018
2 CC No.51905/2020
of accused on
bail
Name of the : Sri.Manoj Kumar
complainant
Date of : 29-07-2022
commencement
of recording of
evidence
Date of Closure : 29.07.2022
of evidence
Offences alleged : 341, 323, 324, 504 of IPC
Opinion of the : The accused found not guilty
judge
(KUMARA. S)
XI A.C.M.M., BENGALURU.
JUDGMENT
This is a charge-sheet filed by the PSI Hennur Police Station, against accused for the offences punishable u/S.341, 323, 324, 504 of IPC.
2. The brief facts of the case of the prosecution is as under:-
On 25.12.2018 at about 6.45 pm, at Chelikere, Arkavathi Layout, accused wrongfully restrained the CW-1/ Mr. Manoj 3 CC No.51905/2020 Kumar and assaulted with hand and the accused hit the CW-1/Shri Manoj Kumar on his head and left hand with a beer bottle and caused bleeding injuries and abused in foul language and thereby committed the alleged offenses. Hence this charge-sheet.
3. Accused has appeared before the Court through his counsel and got enlarged on bail. I.O., after completion of investigation has submitted charge-sheet against accused for the alleged offences. Cognizance was taken for the alleged offences. The prosecution papers have been furnished to the accused through his counsel as contemplated U/s 207 Cr.P.C. Heard regarding charge. Charges were framed, read over and explained to the accused in the Kannada language known to him, he pleaded not guilty offences and claimed trail.
4. In order to prove the guilt of the accused, the prosecution has examined one witness as PW-1 and got marked 3 documents as Ex.P1to3. PW1/Sri.Manoj Kumar is said to be complainant and injured has turned hostile and denied the alleged offences committed by the accused and also stated that, he has entered into compromise with the accused. Under the above circumstances, no purpose would be served by issuing process to other witness. Hence prayer of Sr. APP 4 CC No.51905/2020 to issue process to other witnesses is rejected and closed the prosecution side.
5. As there is no incriminating evidence available against the accused, the statement of accused U/s 313 of Cr.P.C is dispensed with.
6. I have heard the arguments advanced by the Learned Sr. APP for the state and learned counsel for the accused and perused the prosecution papers.
7. The following points that would arise for consideration are:
1. Whether the prosecution proves beyond all reasonable doubt that, accused has committed an offences punishable U/s .341, 323, 324, 504 of IPC?
2. What order?
8. My findings on the above points are as under:
Point No.1 - In the Negative, Point No.2 - As per final order, for the following;
REAS O NS
9. POINT No.1 :- The prosecution in order to prove the guilt of the accused in all examined one witness as PW-1. PW-1/ Sri. Monoj Kumar is said to be complainant and injured, he has 5 CC No.51905/2020 completely turned hostile to the prosecution case in his chief- examination evidence and denied the alleged offences committed by the accused. Though, he has been treated as hostile and elaborately cross-examined by the prosecution but nothing is elicited from his mouth regarding the alleged offences committed by the accused. He denied the contents of the Ex.P1 complaint and Ex.P2 Panchanama. he also denied the statement given by him before the police as per Ex.P3. Therefore, the entire evidence of PW-1 is proved fatal to the prosecution case.
10. On going through the prosecution evidence, PW-1 has completely turned hostile and not supported with the prosecution case. During the course of cross-examination by the Learned Sr.APP for the state, he has deposed that, he has entered into compromise with the accused. Under the above circumstances, no purpose would be served by examining the remaining witnesses. Hence, remaining witness are dropped. Therefore, on perusal of the entire prosecution of the case, the prosecution has utterly failed to prove the guilt of the accused beyond all the reasonable doubt. Accordingly. I have answers the above point No.1 in the Negative.
6 CC No.51905/2020
11. POINT NO.2: For the reasons assigned and findings given on the Point No1, I proceed to pass the following; -
ORDER Acting u/S.248(1) of Cr.P.C. accused is acquitted for the offences punishable u/S. .341, 323, 324, 504 of IPC.
The bail bonds of the accused shall stand cancelled and accused is set at liberty forthwith.
Property seized under P.F No. 113/2018 is order to be destroyed as worthless, after appeal period is over.
(Dictated to the Stenographer and transcribed and computerized by her, corrected by me and then pronounced by me in the open court on 04th Day of August 2022).
(KUMARA. S) XI A.C.M.M., BENGALURU.
ANNEXURE-I List of witnesses examined on behalf of the Prosecution:
PW.1 : Sri. MonojKumar List of exhibits marked on behalf of the Prosecution:
Ex.P1 : Complaint Ex.P1(a) : Signature of PW.1. Ex.P2 : Panchanama. Ex.P2(a) : Signature of PW.1 Ex.P3 : Statement of PW.1
List of witnesses examined on behalf of the Defence:
- Nil -
List of Exhibits marked on behalf of the Defence:
- Nil -7 CC No.51905/2020
List of Material objects marked for the prosecution:
- Nil -
(KUMARA. S) XI A.C.M.M., BENGALURU.8 CC No.51905/2020
(Judgment pronounced in Open Court vide a separate Order) ORDER Acting u/S.248(1) of Cr.P.C. accused is acquitted for the offences punishable u/S. . 341, 323, 324, 504 of IPC.
The bail bonds of the accused shall stand cancelled and accused is set at liberty forthwith.
Property seized under P.F No. 113/2018 is order to be destroyed as worthless, after appeal period is over.
(KUMARA. S) XI A.C.M.M., BENGALURU.