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Bangalore District Court

State By Parappana Agrahara vs Person For The Offences Punishable ... on 5 February, 2020

                                1               CC No.12643/16

IN THE COURT OF THE IX ADDL.CHIEF METROPOLITAN
                MAGISTRATE, AT BANGALORE.

            Dated this the 5th day of February, 2020.

            Present : Sri.Prakash Channappa Kurubett
                                       B.Sc., LL.B.(Spl).,
                          IX Addl.C.M.M.Bangalore.

            JUDGMENT UNDER SEC.355 OF CR.P.C.

1.C.C.No.                    12643/2016

2.Date of                    04/04/2014
offence
3.Complainant                State by Parappana Agrahara
                             Police Station

4.Accused                     Murugeshan
                              S/o.Kashinathan,
                              Aged about 44 years,
                              C/o.Toyoto Company,
                              Bidadi, Bengaluru.

5. Offences                  U/Sec.332 &  of IPC.
complained of
6.Plea                       Accused pleaded not guilty.

7.Final Order                Accused is acquitted.

8.Date of Order              05/02/2020.
                                2                CC No.12643/16

                          REASONS

      The Police Inspector of Parappana Agrahara        Police

Station, Bangalore has filed charge sheet against the

accused person for the offences punishable U/Sec. 332 and

353 of IPC.



2.   The brief facts of the prosecution case is that, on

04/04/2014 at about 11.00 am, near Hosa Road Junction,

Kudlu gate, within the limits of Parappana Agrahara Police

Station, Bengaluru, when CW.1 to CW.6 were on duty, at

that time the accused person came rashly in a Container

Lorry vehicle bearing registration No.KA-52 - 81, when they

stopped the vehicle, accused       assaulted the CW.1 on his

face, nose and right eye by holding the shirt of CW.1 and

caused bleeding injuries and also criminal force to deter

public servant from discharge of duty of CW.1.         Hence,

CW.1 lodged the first information.        The Station House

Officer registered a case in Cr.No.145/14 for the offences
                               3                  CC No.12643/16

punishable Sec. 332 and  of IPC, and submitted First

Information Report to this Court.         After investigation,

Police Inspector, Parappana Agrahara       Police Station filed

charge sheet for the said offences punishable Sec. 332 and

    of IPC against the accused person. Hence, he has

committed the alleged offences.



3.    Accused person is   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. After hearing on charge,      my learned

Predecessor-in-Office has framed charge for the offences

punishable U/Sec. 332 and         353      of IPC for which

accused person pleaded not guilty and claimed to be tried.



4.    The prosecution, in order to prove its case, has

examined 3 witnesses as PW.1 to PW.3 and got documents

marked at Ex.P1 to Ex.P.5, and closed the side of the
                                4               CC No.12643/16

prosecution evidence, and Statements u/Sec.313 of Cr.P.C.

are recorded, read over and explained in the vernacular

language of the accused, wherein accused has denied the

incriminating circumstances appeared against him as false

and did not choose to lead defence evidence. Hence, defence

evidence is closed. As such, the matter was posted for

arguments.



5.        I have heard the arguments on both sides.


6.   The PW.1 Mudukappa Budagumbi - Head Constable

deposed that on 04/04/2014 at about 11.00 am, when he

was on duty at Hosa Road Junction, at that time the

accused      came rashly in a Container Lorry bearing

registration No.KA5281 came towards Kudlu gate - Hosur

Service Road, and stopped the vehicle, accused        abused

him in filthy language and assaulted the PW.2, and hence,

PSI gave complaint against the accused       and he gave
                                 5                 CC No.12643/16

statement before the Investigating Officer.        The PW.2

Shivasharanappa - Retired PSI being the first informant

deposed that on 04/04/2014 at about 9.40 am, when he

was on point duty, accused came in a vehicle rashly, and

when he stopped the accused near the Mills Hotel, at that

time the accused assaulted him and abused him in filthy

language, and hence, he gave complaint at Ex.P3 against

the accused, and he took treatment, and police          drawn

panchanama at Ex.P4 and photographs are marked at

Ex.P1 and Ex.P2. They have been cross-examined by the

accused     counsel.     But from their mouths nothing

favouring the prosecution case.

7.    The    PW.3      Dr.Vivekananda   deposed     that    on

04/04/2014      at     about   11.15    am,   injured         -

H.Shivasaranappa came with the history of assault and he

treated him and gave wound certificate at Ex.P.5. He has

been cross-examined by the accused counsel. But from

his mouth nothing favouring the prosecution case.
                                     6              CC No.12643/16

8.    The other witnesses i.e. CW.7, CW.8 and CW.10 did not

turn up in spite of taking coercive steps and they were

dropped by rejecting the prayer of learned Sr.APP and CW.2 to

6 given-up.     Therefore, from the material available on record,

and   oral    evidence   of   the   prosecution,   the   allegations

u/Sec.332 and  of IPC are not proved by the prosecution

and the prosecution failed to prove the above said allegations

with independent witnesses. Hence, there is no clear, cogent

and reliable evidence to prove the guilt of accused as alleged

by the prosecution case.                From the evidence of the

prosecution there is a doubt the alleged offences. Therefore, I

am of the opinion that, prosecution failed to prove the guilt of

accused person beyond all reasonable doubt. Consequently, I

proceed to pass the following:

                              ORDER

Acting under Section 248(1) of Cr.P.C., Accused is hereby acquitted for the offences punishable U/Sec.332 and 353 of IPC.

The bail bond and surety bond of accused stands cancelled.

(Dictated to the Stenographer, transcript thereof is computerized and print out taken by her is verified, corrected & then pronounced by me in the Open Court dated this the 5 th day of February, 2020.) (P.C.KURUBETT) IX Addl.Chief Metropolitan Magistrate, Bangalore.

ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:

PW.1 : Mudukappa Budagumbi PW.1 : Shivasharanappa PW.3 : Dr.Vivekananda.

LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:

Ex.P.1 &26: Photographs Ex.P.3 : Complaint Ex.P.3(a ) : Signature of PW.2 Ex.P.4 : Panchanama Ex.P.4(a) : Signature of PW.2 Ex.P.5 : Wound certificate Ex.P.5(a) : Signature of PW.3.

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.

IX ADDL.C.M.M. Bangalore.