Bangalore District Court
State By Basavanagudi Women Ps vs Did Not Take Her For Honeymoon on 7 March, 2022
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C.C.No.19998/2019
IN THE COURT OF THE XXXVII ADDL.CHIEF METROPOLITAN
MAGISTRATE, BANGALORE CITY.
Dated this the 7th day of March, 2022.
Present:Sri B.MOHAN BABU, B.A., L.L.B.,
XXXVII Addl. C.M.M., Bangalore.
C.C. No.19998/2019
JUDGMENT UNDER SEC.355 OF CR.P.C.,
1. Complainant: State by Basavanagudi Women PS.
2. Accused: Santhosh V Saimath
Son of Vireshaih,
Aged 32 years,
R/at Marathahalli,
BANGALORE CITY.
3.Date of offence: 04092018
4. Offences complained of: U/s. 498(A) of IPC & Sec.
3 & 4 of Dowry Prohibition Act.
5. Plea: Accused Pleaded not guilty.
6. Final Order: Accused is Acquitted.
7. Date of Order: 07032022.
*****
The PoliceInspector, Basavanagudi Women Police Station,
Bangalore has filed this charge sheet against the accused for the
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offences punishable U/s.498(A) of IPC & Sec. 3 & 4 of Dowry
Prohibition Act.
2. The brief facts of the prosecution case are that:
That the A1 got married to Cw1 on 03022014 at Raichur
Hatti as per Hindu customs and thereafter the marriage CW1 started
residing at H.No.4, ground floor, Outhouse, near Anjaneya temple,
Yediyur, Jayanagar, Bangalore and demanded with CW1 for sum of
Rs.48,000/ to go for Honeymoon, even after receipt of the same,
accused did not take her for honeymoon, accused failed to look after
basic needs for home. The A1 used to consume alcohol everyday and
vomiting at home, CW1 was cleaning. The accused failed to repay the
bank loan raised by him. Later accused started residing at
Muneshwara block, Palace Guttahalli there also accused subjected her
to cruelty in demand of Rs.5 lakhs, to which, CW1 gave Rs.30,200/
and transferred Rs.3,50,000/ to his account also gave Rs.3,00000/
by pledging the jewels. During the year, 2017 the A1 went out of
station and did not returned. On 2872018 accused visited near the
house of CW1, made galata and did not take her back tortured both
by physically and mentally in demand of dowry and thereby accused
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has committed the offences punishable under Secs. 498(A), r/w/s 34
of I.P.C., & Sec.3 & 4 of D.P. Act.
3. The accused was enlarged on bail. On receipt of charge sheet,
this court took the cognizance of the alleged offences and furnished
copy of the prosecution papers to the accused person. Charge for the
offences P/U/S.498(A) of IPC & Sec. 3, 4 of Dowry Prohibition Act ,
were framed, read over and explained to the accused. The accused
pleaded not guilty and claimed to be tried.
4. The prosecution, in order to prove its case, has examined one
witness as PW1 and got marked two documents at Ex.P1 and P2. As
there were no any incriminating circumstances appeared against the
accused, the recording of Statement of Accused person as required
U/s. 313 of Cr.P.C., is dispensed with.
5. I have heard the arguments of learned Sr.APP., for the
prosecution and learned counsel for the accused. Perused the
materials available on record.
6. In order to prove the guilty against the accused, out of 08
witnesses, the prosecution has examined only one witness as PW1.
The CW1/PW1 Smt.Tejaswini is the complainant. In her
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examinationinchief, she deposed that accused is her husband. She
deposed that her marriage with accused was performed on 0302
2014. She further deposed that accused not subjected her to any
physical and mental cruelty. That there was only petty quarrel
between them with respect to family issues, for which she went to the
police station, there the police have took some signature on
document. She identified the first information statement as per Ex.P1
and identified her signature therein as per Ex.P1(a) and identified the
spot Panchanama as per Ex.P2 and identified her signature therein as
per Ex.P2(a), but she pleaded her ignorance about the contents of
Ex.P1 and P2. At this stage, the learned Sr.APP sought permission to
treat this witness as hostile, permission was accorded to treat this
witness as hostile. Though this PW1 was cross examined by the
learned Sr.APP., with regard to the case of prosecution, for which, she
denied the same and nothing worth has been elicited.
7. On going through the materials on records, it goes to show
that the PW1 has completely turned hostile to the prosecution case
and she has not supported the case. During the course of cross
examination, she denied the suggestion made to her and she admitted
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that the matter is compromised between her and accused. The learned
Sr.APP sought to issue process against all the remaining witnesses,
and hence, CW2 to 7 are dropped. But after going through testimony
of PW1, I do not find any incriminating evidence against the accused
with regard to allegations made against him. When the victim already
turned hostile, no purpose would be served even if the remaining
witnesses are examined, as such the prayer was rejected. Since there
is no incriminating evidence against the accused, hence the statement
of accused U/s.313 of Cr.P.C., is also dispensed with. As said above
the victim herself has not supported the prosecution case so as to
prove the allegations against the accused, though the accused is
charged with heinous offence punishable under section 498(A) of IPC
& Sec. 3 & 4 of Dowry Prohibition Act. For want of evidence the
accused is entitled for acquittal. For the foregoing discussion, I am of
the opinion that, the prosecution has failed to prove the allegations
against the accused person for the alleged offences beyond reasonable
doubts. Consequently, I proceed to pass the following:
ORDER
Acting Under Section 248(1) of Cr.P.C., accused is hereby acquitted for the offences 6 C.C.No.19998/2019 punishable U/s. 498(A) of IPC & Sec.3 and 4 of Dowry Prohibition Act.
The bail bond and surety bond of accused shall stands cancelled.
(Dictated to the Stenographer directly on the computer and print out taken by her is verified, corrected & then pronounced by me in the Open Court dated this the 7th March, 2022).
(B.MOHAN BABU) XXXVII ADDL.C.M.M., BANGALORE.
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
PW1 : Smt.Tejaswini LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:
Ex.P.1 : Complaint Ex.P.1(a) : Signature of PW1 Ex.P.2 : Spot mahzar Ex.P.2(a) : Signature of PW1
LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF THE PROSECUTION:
NIL LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENCE:
NIL LIST OF DOCUMENTS AND MATERIALS MARKED ON BEHALF OF THE DEFENCE .
NIL XXXVII ACMM., BANGALORE.7
C.C.No.19998/2019 07032022 Judgment. Judgment pronounced in open court (vide separately) ORDER Acting Under Section 248(1) of Cr.P.C., accused is hereby acquitted for the offences punishable U/s. 498(A) of IPC & Sec.3 and 4 of Dowry Prohibition Act.
The bail bond and surety bond of accused shall stands cancelled.
XXXVII ACMM., B'lore. 8 C.C.No.19998/2019 9 C.C.No.19998/2019