Bangalore District Court
Bengaluru City vs No.1 To 3 Are on 25 August, 2022
1 C.C.No.17904/2021
KABC030513102021
Presented on : 03-08-2021
Registered on : 03-08-2021
Decided on : 25-08-2022
Duration : 1 years, 0 months, 22 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY
Dated this 25th day of August 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.17904/2021 Date of commission of the
2. 15.03.2021 offence (As per F.I.R.) Konanakunte Police Station,
3. Name of the complainant Bengaluru City.
4. Name of the accused 1. Anand S/o Siddaraju, Aged about 28 years, R/at: No:77, Manjunath Layout, Thathaguni, Kanakapura Main Road, Bengaluru City.
2 C.C.No.17904/2021
2. Rangaswamy, S/o Mudalagiri, Aged about 28 years, R/at No.338, Near K.S.P School, Subbanna Layout, Anjanapura, T.C.H.College Road, Opposite to Elamandiamma Temple, Harinagara, Bengaluru City.
3. Chandrashekar @ Chandru, S/o Muralidhara, Aged about 32 years, R/at No.187/A, 1st Cross, Gollahalli, Anjanapura Post, Bengaluru City.
Sections 323, 384, 504, 506 The offences complained
5. and 511 R/w Section 34 of of the Indian Penal Code.
6. Plea of the accused Pleaded not guilty Accused No.1 to 3 are
7. Final order acquitted
8. Date of order 25.08.2022 The Police Sub-Inspector of Konanakunte Police Station, Bengaluru has filed Police Report against the above named accused persons alleging that they have committed the 3 C.C.No.17904/2021 offences punishable under Sections 323, 384, 504, 506 and 511 R/w Section 34 of the Indian Penal Code.
2. The Prosecution case in brief is that on 15.03.2021 at 10.00 a.m., the accused persons in furtherance of their common intention came to Ramya Bar and Restaurant situated near Harinagara Cross within the territorial limits of Konanakunte Police Station, Bengaluru City to consume liquor. Accused No.1 asked CW2 to give liquor. At that time, when CW1 asked money, accused No.1 abused him in filthy language and threatened him stating that whether he know who they are, he has to take the money they give, otherwise, he has to went without questioning them. Thereafter, he went inside the Bar and abused CW2 to supply liquor. When CW2 refused to supply liquor, accused No.1 threatened CW2 that he joined the Bar newly, he has to know about the boys of Harinanagar before he join there, otherwise, he has to stay at home; he took liquor from Bar Counter and went near the table and consumed liquor till 11.45 a.m. Thereafter, accused No.1 asked CW2 to bring cigarette for which, CW2 refused. At 4 C.C.No.17904/2021 that time, accused No.1 became angry with him and abused him in filthy languages. When accused persons came near cash counter, CW1 asked the liquor money of Rs.1510/- with accused No.1. At that time, accused No.1 abused CW1 in filthy languages; demanded him to give Rs.10,000/- to them; gave life threat stating that if he is not given money, they will kill him. Accused No.2 called CW2; abused him in filthy languages; when came, voluntarily caused simple hurt to him by beating on his cheek; when CW2 questioned it, accused No.1 and 3 have abused him in filthy languages. Thereby, the accused persons have committed the offences punishable under Sections 323, 384, 504, 506 and 511 R/w Section 34 of the Indian Penal Code.
3. Based on the First Information of CW1, the crime was registered in Crime No.82/2021 at Konanakunte Police Station. During Investigation, accused No.1 to 3 were arrested and produced before this Court of on 16.03.2021. On 18.03.2021, they were enlarged on bail. On completion of the investigation, the Police Sub-Inspector of Konanakunte 5 C.C.No.17904/2021 Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 323, 384, 504, 506 and 511 R/w Section 34 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused persons. They have appeared before this Court. The copies of the Police Report and other prosecution papers are furnished to the accused persons under section 207 of Cr.P.C. After hearing, since there were grounds for presuming that the accused persons have committed offences triable by this court, charges for the offences punishable under Sections 323, 384, 504, 506 and 511 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 the accused persons, the prosecution has produced the oral evidences of PW1 to PW3 and the documentary evidences in Ex.P1 to Ex.P4. Since, there were no incriminating circumstances 6 C.C.No.17904/2021 appearing in the evidences of the prosecution witnesses against the accused persons, the examination of the accused persons under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for the accused persons. Perused the materials available on record.
5. The points for determination are;
1. Whether prosecution has proved the offences charged against the accused persons for the offences punishable under Sections 323, 384, 504, 506 and 511 R/w Section 34 of 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 7 C.C.No.17904/2021 against the accused persons, out of 13 witnesses cited in the charge-sheet by the Investigation Officer, the prosecution has produced the oral evidences of only three witnesses before this Court as PW1 to PW3. PW1 Ashwath S.T. is the first informant, injured and mahazar witness. PW2 Chethan is injured witness and PW3 Puttaraju is the eyewitness of the incident. The prosecution has also produced the documentary evidences Ex.P1 to Ex.P4. Among them, Ex.P1 is the First Information, Ex.P2 is the Spot Mahazar, Ex.P3 and Ex.P4 are the Witness Statements of PW2 and PW3 respectively.
8. As per the case of the prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.82/2021 and on investigation, since, there are evidences collected by the investigation officer to prosecute the accused persons for the offences punishable under Sections 323, 384, 504, 506 and 511 R/w Section 34 of the Indian Penal Code, the charge-sheet was filed. In the First Information - Ex.P1, there are statements of PW1 with regard to the alleged incident 8 C.C.No.17904/2021 committed by the accused. PW1 during his examination-in- chief has not deposed the said facts supporting the case of the prosecution. He has deposed in his examination-in-chief that he does not know the accused persons; no quarrel taken place between him, PW2 and the accused persons; he does not know the contents of Ex.P1; the police have not conducted any mahazar in his presence; he signed Ex.P2 at Police Station and he has not taken any treatment. He has been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, he has denied that he gave Ex.P1; its contents; the mahazar conducted at the place of incident as per Ex.P2 and he signed it at that time. Nothing has been elicited in his cross- examination conducted by the Senior Assistant Public Prosecutor supporting the case of the prosecution.
9. Another injured witness of the incident PW2 has also deposed in his examination-in-chief that he does not know the accused persons; no quarrel taken place between him, PW1 and the accused persons and he has not given any 9 C.C.No.17904/2021 statement to the Police. He has also been considered as hostile witness and cross-examined at the request of the prosecution. Nothing has been elicited in his cross- examination supporting the case of the prosecution. His Witness Statement recorded by the Investigation officer is marked as Ex.P3.
10. One of the eyewitness of the incident PW3 has deposed in his examination-in-chief that he does not know the accused persons, PW1 and PW2; he has not witnessed the incident and he has not given any statement to the Police. He has also been considered as hostile witness and cross- examined at the request of the prosecution. Nothing has been elicited in his cross-examination supporting the case of the prosecution. His Witness Statement recorded by the Investigation officer is marked as Ex.P4.
11. The First Informant and the injured witnesses of the incident PW1 and PW2 and one of the eyewitnesses PW3 have deposed not supporting the case of the prosecution. They are the material witnesses. PW1 and PW2 have deposed in their 10 C.C.No.17904/2021 cross-examination that they have compromised the matter with the accused persons. Therefore, even if the evidences of other prosecution witnesses are recorded, no purpose will be served. Therefore, the evidences of the other prosecution witnesses are dropped. Under these circumstances, I am holding that the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 323, 384, 504, 506 and 511 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
12. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 323, 384, 504, 506 and 511 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Therefore, the accused persons are not found 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, the 11 C.C.No.17904/2021 accused persons are hereby acquitted for the offences punishable under Sections 323, 384, 504, 506 and 511 R/w Section 34 of the Indian Penal Code.
Their bail bonds and the surety bonds executed under Section 437 of Cr.P.C. will be in force till completion of appeal period. Thereafter, it shall be stands 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 25.08.2022) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Ashwath S.T,
PW2 : Chethan,
PW3 : Puttaraju.
Documents marked on behalf of Prosecution :-
Ex.P1 : First Information,
Ex.P1(a) : Signature,
12 C.C.No.17904/2021
Ex.P2 : Spot Mahazar,
Ex.P2(a) : Signature,
Ex.P3 : Statements of PW2 and PW3.
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.13 C.C.No.17904/2021
25.08.2022 Judgment pronounced in open Court vide separate order.
ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 323, 384, 504, 506 and 511 R/w Section 34 of the Indian Penal Code.
14 C.C.No.17904/2021Their bail bonds and the surety bonds executed under Section 437 of Cr.P.C. will be in force till completion of appeal period. Thereafter, it shall be stands canceled.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.