Bangalore District Court
The State Rep. By vs Channappa H.C on 12 April, 2018
IN THE COURT OF VI ADDL. CHIEF METROPOLITAN
MAGISTRATE, BENGALURU
PRESENT : K.G. CHINTHA, B.Sc., LL.B.
VI ADDL. C.M.M., BENGALURU.
Dated this the 12th day of April 2018
C.C.No.28177/2014
Complainant : The State rep. by
PSI of Halasuru Gate Woman PS
Bengaluru.
Vs
Accused : Channappa H.C.
S/o Channappa
Aged about 48 Yrs
S/o 550, 4th Cross,
Vijayananda Nagar,
Nandini Layout,
Bengaluru.
Date of offence : Subsequent to 19-4-2011
Offence : U/s. 498(A),506 of IPC and Sec.3
and 4 of DP Act
Plea : Accused pleaded not guilty
Final order : Accused is acquitted
Date of Order : 12-4-2018.
** ** **
2 CC.No.28177/2014
JUDGMENT
The Police Inspector of Halasuru Gate Woman Police Station has presented this charge sheet against the accused for the offences punishable U/s.498(A),506 of IPC and Sec.3 and 4 of DP Act.
2. It is the case of prosecution that the marriage of CW-1 with accused was solemnized on 19-4-2001 at Srikanteshwara Kalyana Mantapa, Basaveshwaranagar, Bengaluru and the accused demanded and taken cash of Rs.40,000-00, 8 sovereign of gold jewels, Titan watch as dowry and after the marriage the accused under the influence of alcohol subjected CW-1 to cruelty both mental and physical and demanded CW-1 to get a site and with a view to coerce to bring dowry subjected CW-1 to cruelty and thereby accused committed the aforesaid offences.
3. On the basis of the complaint, FIR has been registered by Halasuru Gate Woman Police station in 3 CC.No.28177/2014 Cr.No.62/2013 for the offences punishable U/s.498(A), 506 of IPC and Sec.3 and 4 of DP Act. After investigation police have charge sheeted the accused for the aforesaid offences.
4. Accused is on bail.
5. Copy of the charge sheet is furnished as contemplated U/s.207 of Cr.P.C. Charge framed. Accused pleaded not guilty and claimed to be tried.
6. CW.1 is examined as PW-1 and got marked Ex.P-1 and 2.
7. Since there is no incriminating evidence against the accused, statement U/s.313 of Cr.P.C is dispensed with.
8. Heard the arguments of learned Sr.APP and learned counsel for the accused.
9. The points that arise for my consideration are as follows:-
4 CC.No.28177/2014
1) Whether the prosecution proves the guilt of accused for the offences punishable U/s.
498(A), 506 of IPC and Sec.3 and 4 of DP Act?
2) What Order?
10. My findings on the above points are as follows:-
Point No.1: In the Negative Point No.2: As per final Order for the following:-
REASONS
11. Point No.1:- CW.1 the complainant is examined as PW.1. She has deposed that her marriage with accused was solemnized on 19-4-2001 at Srikanteshwara Kalyana Mantapa, Basaveshwara Nagar, Bengaluru. The accused has not demanded any dowry before the marriage or after the marriage. Accused has not ill-treated her. She denies the contents of Ex.P-1 the complaint and Ex.P-2 the mahazar. She was treated as hostile by the prosecution. In 5 CC.No.28177/2014 the cross-examination she has denied all the suggestions put to her.
12. Ex.P-1 the complaint states that at the time of marriage the accused demanded dowry of Rs.40,000-00, 8 sovereign of gold, Titan gold case watch, clothes and site measuring 30 x 40. After the marriage the accused used to take alcohol and come to the house inebriated and assault the complainant black and blue. The accused demanded her to get a site standing in her father's name transferred to his name. The accused who is working in CRPF was transferred to Assam and she was staying in the quarters. The complainant shifted to Nandini Layout to a rented house near to her parents house. The accused used to torture her whenever he comes on leave. The accused also suspected the complainant having affair with some other person and used to call her as prostitute and abused her. Unable to tolerate the torture the complainant has filed private complaint which was referred to the police and 6 CC.No.28177/2014 police have charge sheeted the accused. Having lodged complaint with serious allegations the complainant has not supported the prosecution case as she has obtained decree of divorce. In view of the divorce she has turned hostile and has not supported the prosecution case. Therefore the prosecution has failed to place any material evidence to prove the guilt of accused. Accordingly I answer point No.1 in the Negative.
13. Point No.2: In view of the finding on point No.1, I proceed to pass the following:-
ORDER Acting U/s.248(1) of Cr.P.C accused is acquitted of the offences punishable U/s498(A), 506 of IPC and Sec.3 and 4 of DP Act.
The bail bond of the accused stands cancelled. (Dictated to the stenographer, transcribed thereof, corrected and then pronounced by me in the open court this the 12th day of April 2018).
(K.G. CHINTHA) VI Addl.C.M.M. Bengaluru city. 7 CC.No.28177/2014 Annexure
1. Witnesses examined for the prosecution:
CW-1 PW-1 Meenakshi.
2.Documents marked on behalf of the prosecution:
Ex.P-1 Complaint Ex.P-2 Spot mahazar.
3. Material objects:
Nil.
VI ACMM., Bengaluru.8 CC.No.28177/2014
ORDER Acting U/s.248(1) of Cr.P.C accused is acquitted of the offences punishable U/s498(A),506 of IPC and Sec.3 and 4 of DP Act.
The bail bond of the accused stands cancelled. (Vide Separate Order) VI ACMM., Bengaluru.9 CC.No.28177/2014
10 CC.No.28177/2014 IN THE COURT OF VI ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU PRESENT : K.G. CHINTHA, B.Sc., LL.B. 11 CC.No.28177/2014 VI ADDL. C.M.M., BENGALURU.
Dated this the 12th day of April 2018 C.C.No.28177/2014 Complainant : The State rep. by PSI of Halasuru Gate WomanPS Bengaluru.
Vs
Accused : Channappa H.C.
S/o Channappa
Aged about 48 Yrs
S/o 550, 4th Cross,
Vijayananda Nagar,
Nandini Layout,
Bengaluru.
Date of offence : Subsequent to 19-4-2011
Offence : U/s. 498(A),506 of IPC and Sec.3
and 4 of DP Act
Plea : Accused pleaded not guilty
Final order : Accused is acquitted
Date of Order : 12-4-2018.
** ** **
12 CC.No.28177/2014
JUDGMENT
The Police Inspector of Halasuru Gate Woman Police Station has presented this charge sheet against the accused for the offences punishable U/s.498(A),506 of IPC and Sec.3 and 4 of DP Act.
2. It is the case of prosecution that the marriage of CW-1 with accused was solemnized on 19-4-2001 at Srikanteshwara Kalyana Mantapa, Basaveshwaranagar, Bengaluru and the accused demanded and taken cash of Rs.40,000-00, 8 sovereign of gold jewels, Titan watch as dowry and after the marriage the accused under the influence of alcohol subjected CW-1 to cruelty both mental and physical and demanded CW-1 to get a site and with a view to coerce to bring dowry subjected CW-1 to cruelty and thereby accused committed the aforesaid offences.
3. On the basis of the complaint, FIR has been registered by Halasuru Gate Woman Police station in 13 CC.No.28177/2014 Cr.No.62/2013 for the offences punishable U/s.498(A), 506 of IPC and Sec.3 and 4 of DP Act. After investigation police have charge sheeted the accused for the aforesaid offences.
4. Accused is on bail.
5. Copy of the charge sheet is furnished as contemplated U/s.207 of Cr.P.C. Charge framed. Accused pleaded not guilty and claimed to be tried.
6. CW.1 is examined as PW-1 and got marked Ex.P-1 and 2.
7. Since there is no incriminating evidence against the accused, statement U/s.313 of Cr.P.C is dispensed with.
8. Heard the arguments of learned Sr.APP and learned counsel for the accused.
9. The points that arise for my consideration are as follows:-14 CC.No.28177/2014
3) Whether the prosecution proves the guilt of accused for the offences punishable U/s.
498(A), 506 of IPC and Sec.3 and 4 of DP Act?
4) What Order?
10. My findings on the above points are as follows:-
Point No.1: In the Negative Point No.2: As per final Order for the following:-
REASONS
11. Point No.1:- CW.1 the complainant is examined as PW.1. She has deposed that her marriage with accused was solemnized on 19-4-2001 at Srikanteshwara Kalyana Mantapa, Basaveshwara Nagar, Bengaluru. The accused has not demanded any dowry before the marriage or after the marriage. Accused has not ill-treated her. She denies the contents of Ex.P-1 the complaint and Ex.P-2 the mahazar. She was treated as hostile by the prosecution. In 15 CC.No.28177/2014 the cross-examination she has denied all the suggestions put to her.
12. Ex.P-1 the complaint states that at the time of marriage the accused demanded dowry of Rs.40,000-00, 8 sovereign of gold, Titan gold case watch, clothes and site measuring 30 x 40. After the marriage the accused used to take alcohol come to the house inebriated and assault the complainant black and blue. The accused demanded her to get a site standing in her father's name transferred to his name. The accused who is working in CRPF was transferred to Assam and she was staying the quarters. The complainant shifted to Nandini Layout to a rented house near to her parents house. The accused used to visit the said house and used to torture her whenever he comes on leave. The accused also suspected the complainant having affair with some other person and used to call her as prostitute and abused her. Unable to tolerate the torture the complainant has filed private complaint which referred 16 CC.No.28177/2014 to the police and police have charge sheeted the accused. Having lodged complaint with serious allegations the complainant has not supported the prosecution case as she has obtained decree of divorce. In view of the divorce she has turned hostile and has not supported the prosecution case. Therefore the prosecution has failed to place any material evidence to prove the guilt of accused. Accordingly I answer point No.1 in the Negative.
13. Point No.2: In view of the finding on point No.1, I proceed to pass the following:-
ORDER Acting U/s.248(1) of Cr.P.C accused is acquitted of the offences punishable U/s498(A), 506 of IPC and Sec.3 and 4 of DP Act.
The bail bond of the accused stands cancelled. (Dictated to the stenographer, transcribed thereof, corrected and then pronounced by me in the open court this the 12th day of April 2018). 17 CC.No.28177/2014
(K.G. CHINTHA) VI Addl.C.M.M. Bengaluru city. Annexure
2. Witnesses examined for the prosecution:
CW-1 PW-1 Meenakshi.
2.Documents marked on behalf of the prosecution:
Ex.P-1 Complaint Ex.P-2 Spot mahazar.
4. Material objects:
Nil.
VI ACMM., Bengaluru.18 CC.No.28177/2014
ORDER Acting U/s.248(1) of Cr.P.C accused is acquitted of the offences punishable U/s498(A),506 of IPC and Sec.3 and 4 of DP Act.
The bail bond of the accused stands cancelled. (Vide Separate Order) VI ACMM., Bengaluru.19 CC.No.28177/2014
20 CC.No.28177/2014 21 CC.No.28177/2014