Bangalore District Court
State By J.P. Nagar Police Station vs Kumara Velu @ Kumar on 2 March, 2016
IN THE COURT OF THE 44TH ADDL.CHIEF METROPOLITAN
MAGISTRATE, BENGALURU
Dated: 2nd Day of March 2016
Presented By
Smt. Mala N.D., B.A.L., LL.B.,
44th ACMM, Bengaluru
C.C.No.22505/2012
Complainant : State by J.P. Nagar Police station
(By Asst.Public Prosecutor)
-V/s-
Accused : Kumara Velu @ Kumar,
S/o Chinnathambi,
Aged about 32 years,
R/at No.189/1, Gollahalli Village,
Anjanapura Post,
Bengaluru.
(By Sri.K. Srinivas Gowda, Advocate)
2 C.C. No.22505/2012
JUDGMENT
The PSI of J.P. Nagar Police Station has filed charge sheet against the accused for the offence punishable U/s.498(A) of IPC.
2. The brief facts of the prosecution case are as follows:
It is alleged that, accused has married C.W. 1 Smt. Padma about nine years back and were leading marital life within the limits of J.P. Nagar Police Station, at door No. 48, 6th Phase, Rose Garden, 38th Main road, 2nd Cross and accused used to harass C.W. 1 for money by consuming alcohol, was not looking after his family expenditure and also received Rs.4 lakhs from C.W. 1 by harassing her, which was borrowed for the purpose of constructing a house in the site belonging to C.W. 1, later, deserted her for no reason. Therefore, having left with no other alternative, C.W. 1 has lodged the complaint before the jurisdictional police. During the course of investigation C.W.11 has conducted the spot mahazar in the presence of witnesses, recorded their statement and after 3 C.C. No.22505/2012 completion of investigation filed charge sheet against the accused for the aforesaid offence.
3. The accused is on bail and is represented through his counsel.
4. The copies of the prosecution papers have been furnished to the accused as required under Sec.207 of Cr.P.C. The cognizance of the offence punishable U/sec.498(A) of IPC has been taken as per Sec.190 of Cr.P.C.
5. The charge is framed, contents of charge have been read over and explained to the accused in the language known to him, he pleaded not guilty and claimed to be tried. Hence, the prosecution is called upon to prove its case.
6. The prosecution, in order to prove its case, has cited as many as 11 witnesses and examined one official witness C.W. 10 as P.W. 1. Later, on several occasions summons and proclamations have been issued against C.W. 1 to 8, but, the same were not been served and published inspite of giving sufficient opportunities. 4 C.C. No.22505/2012 Therefore, evidence of C.W. 1 to 8 has been discharged by rejecting the prayer of learned Asst. Public Prosecutor. Thereafter, even summons have been issued to I.O. and the same has not been served on him. Thus, the prosecution has not taken any steps to secure the presence of witnesses. Therefore, even C.W. 11 is also discharged from deposing evidence. As there is no incriminating evidence against the accused recording of his statement U/s.313 of Cr.P.C has been dispensed with. Hence, the case is posted for arguments.
7. Heard both the side and perused the material evidence on record.
8. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, accused having married C.W. 1 Smt. Padma about nine years back, lived with her at house No.48, 38th main road, 6th phase, J.P. Nagar, used to harass C.W. 1 both physically and mentally for money by consuming alcohol and has also received Rs.4 lakhs which was loan, borrowed for the purpose of construction of house in a site belonging to C.W. 1, later deserted C.W. 5 C.C. No.22505/2012 1 for no reason and thereby committed an offence punishable U/s.498(A) of IPC?
2. What Order?
9.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
10.Point No.1: In this case, the complainant Smt. Padma
being the deserted wife of one Sundar Raj, having three children has re-married the accused about nine years back and was leading marital life with accused in a house situated at 6th phase of J.P. Nagar. It is the allegation against the accused that, he used to harass her for money by consuming alcohol and later succeeded in receiving Rs.4 lakhs from C.W. 1, which was a loan amount borrowed for the purpose of construction of a house. It is also mentioned in the complaint that, at present, the accused has deserted the complainant without repaying the aforesaid amount.
6 C.C. No.22505/2012
11. In order to bring home the guilt of accused, 11 persons are cited as witnesses. It is to be observed that, on 27/09/2013 this court has framed charge against the accused and this court has started to issue summons to the witnesses. At once, C.W. 9 was reported to be dead, as such, his evidence has been discharged. Later, proclamation were issued against C.W. 1 to 8 on many occasions, but, the same has not been published inspite of giving sufficient opportunities. In addition, no proper reasons have been assigned for not securing the presence of witnesses. As such, on 06/07/2015, C.W. 1 to 8 were discharged from deposing the evidence. Later, once again, summons have been issued to the I.O, even his presence was also not secured. Therefore, the evidence of I.O. has been discharged. Thus, the allegation made against the accused remained un proved. Therefore, the prosecution has failed to prove its case against the accused with cogent, convincing and corroborative evidence. Therefore, above point No.1 is answered in the Negative.
7 C.C. No.22505/2012
12.Point No.2: In view of the negative findings on the above point No.1, I proceed to pass the following ORDER Acting U/s.248(1) of Cr.P.C., the accused is found not guilty and acquitted of the offence punishable U/s.498(A) of IPC.
The bail & bail bond of the accused and sureties shall stands cancelled.
(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 2nd day of March 2016).
(Mala N.D) XLIV Addl.C.M.M., B'lore.
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION:-
PW-1: Smt. Renuka
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION:-
NIL
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE:-
NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION:-
NIL (Mala N.D) XLIV Addl.C.M.M., B'lore.8 C.C. No.22505/2012
(Judgment pronounced in the Open Court vide separately) ORDER Acting U/s.248(1) of Cr.P.C., the accused is found not guilty and acquitted of the offence punishable U/s.498(A) of IPC.
The bail & bail bond of the accused and sureties shall stands cancelled.
(Mala N.D) XLIV Addl.C.M.M., B'lore.9 C.C. No.22505/2012