Bangalore District Court
State By High Grounds P.S vs To 4 Are Acquitted on 3 December, 2018
IN THE COURT OF THE VIII ADDL. C.M.M., BENGALURU.
Dated this the 3rd Day of December 2018.
Present: Sri.M.Mahesh Babu, B.A., LL.B.
VIII ADDL.C.M.M., BENGALURU.
C.C. NO.21429/2012
JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
1. Sl. No. of the Case 21429/2012
2. The date of commission 07/08/2012
of the offence
3. Name of the complainant State by High Grounds P.S.
4. Name of the accused 1. Shivaram s/o late
Channegowda, aged 55 years,
r/at Chikkenahally, Nagavara
Post, Channapatna.
2. Padma, aged 45 years, r/at
No.15, Sanjeevappa
Compound, 3rd Main Road,
Mattikere, Bangalore - 54.
3. Swarnamba, aged 52 years,
Medicine Control Department,
Palace Road, Bangalore.
2 C.C.No.21429/2012
4. Thippeswamy s/o
Narasimhaiah, aged 42 years,
r/at Kandenahatti, Hiriyoor
Taluk, Chitradurga.
5. The offence complained of U/s. 355, 323, 504, 506 r/w
or proved 34 of IPC
6. Plea of the accused and Pleaded not guilty
his examination
7. Final Order Acting U/sec.248(1) Cr.P.C.
accused 1 to 4 are acquitted
8. Date of such order 03122018
For the following:
J U D G M E N T
This is a charge sheeted submitted by Police Inspector of
High Grounds PS against the accused 1 to 4 for an offence
Punishable U/Sec. 355, 323, 504, 506 r/w 34 of IPC.
2. The case of the prosecution in brief is as under:
On 07082012 at about 2.30 p.m., the accused 1 to 4
picked up quarrel with Cw1 at Drug Control Department
3 C.C.No.21429/2012
Employees CoOperative Soiety and at that time the accused
abused Cw1 in filthy language such insult will provoke breach
of peace and in the above said transaction the accused
assaulted CW1 with the hands, the accused 4 thrown registers
on Cw1 and accused 2 thrown shoes with an intention to
dishonour CW1 and threatened with dire consequences and
thereby committed the alleged offences.
3. Accused 1 to 4 were on bail. Substance of accusation
was read over to the accused 1 to 4 for the offence punishable
U/s. 355, 323, 504 and 506 r/w 34 of IPC. The accused 1 to
4 have pleaded not guilty and claimed to be tried.
4. In order to substantiate the allegation, prosecution has
examined PW.1 and got marked the documents as Ex.P1 and
P2. Since there are no incriminating evidence against the
accused 1 to 4 as such recording of 313 Cr.P.C., is dispensed.
4 C.C.No.21429/2012
5. Heard the arguments.
6. The point that would arise for my consideration in this
case are as under:
1. Whether prosecution proves that beyond all
reasonable doubts that on 07082012 at about
2.30 p.m., the accused 1 to 4 in furtherance of
common intention to commit an offence, picked
up quarrel with CW1 at Drug Control Department
Employees CoOp. Society and at that time the
accused abused CW1 in filthy language
knowingly such insult will provoke breach of
peace and thereby committed the offence u/s 504
r/w 34 of IPC?
2. On the above said date, time and plae the
accused 1 to 4 in furtherane of common intention
to commit an offence picked up quarrel with Cw1
and in the above said transaction the accused
5 C.C.No.21429/2012
assaulted Cw1 with the hands, and accused 4
thrown registers on CW1 thus voluntarily caused
hurt, and thereby committed the offence u/s 323
r/w 34 of IPC?
3. On the above said date, time and plae the
accused 1 to 4 in furtherane of common intention
to commit an offence picked up quarrel with Cw1
and in the above said transaction the accused 2
thrown shoes with an intention to dishonour
CW1 thereby committed the offence u/s 355 r/w
34 of IPC?
4. On the above said date, time and plae the
accused 1 to 4 in furtherane of common intention
to commit an offence picked up quarrel with Cw1
and in the above said transaction the accused
threatened CW1 with dire consequences thus
6 C.C.No.21429/2012
committed criminal intimidation and thereby
committed the offence u/s 506 r/w 34 of IPC?
5. What Order?
7. My findings on the above points are as under:
Point No.1 : In the Negative.
Point No.2 : In the Negative.
Point No.3 : In the Negative.
Point No.4 : In the Negative.
Point No.5 : As per final order,
for the following:
R E A S O N S
8. Point No.1 to 4: In order to avoid the repetition of facts
taken together for discussion. In order to bring home the guilt
of the accused the prosecution has examined one witness i.e.,
PW1. PW.1, who being the complainant in his evidence has
deposed that he has not lodged complaint against the accused
7 C.C.No.21429/2012
1 to 4 and further stated that he does not know the contents
of complaint and mahazar marked as Ex.P1 and P2.
9. Except the evidence of PW.1, no other evidence is
available on record to establish the guilt of accused 1 to 4. It is
to be noted that, complainant has turned out hostile to the
case of the prosecution as he has compromised the matter
with the accused 1 to 4. The prayer of Sr. APP for issuance of
summons to other witnesses is rejected as no purpose will be
served in view of evidence of P.W.1. Accordingly, I answer
point no.1 to 4 in the negative.
10. Point No.5: In the result, I proceed to pass the following:
ORDER
Acting under Section 248 (1) of Cr.P.C., accused 1 to 4 are hereby acquitted of the offences punishable U/sec. 355, 323, 504 and 506 r/w 34 of IPC.
8 C.C.No.21429/2012Bail bonds of accused 1 to 4 and their surety bond stands cancelled.
(Dictated to the stenographer directly on the computer, verified and corrected by me, then the judgment pronounced by me in the open court, on this 3rd day of December 2018.) (M.Mahesh Babu) VIII Addl. CMM, Bangalore.
ANNEXURE
1. Witnesses examined for the prosecution :
P.W.1 : Lokesh Prasad
2. Documents marked on behalf of the prosecution :
Ex.P.1 : Complaint Ex.P.1(a) : Signature of P.W.1 Ex.P2 : Mahazar Ex.P2(a) : Signature of PW1
3. Witnesses examined for the defence:
NIL
4. Documents marked on behalf of the defence:
NIL VIII Addl. C. M. M. Bangalore. 9 C.C.No.21429/2012 Judgment pronounced in the open court (vide separate order) ORDER Acting under Section 248 (1) of Cr.P.C., accused 1 to 4 are hereby acquitted of the offences punishable U/sec. 355, 323, 504 and 506 r/w 34 of IPC.
Bail bonds of accused 1 to 4 and their surety bond stands cancelled.
VIII Addl. C. M. M. Bangalore.