Bangalore District Court
Vijaya Bhaskar vs Arun Kumar on 31 July, 2025
KABC030883732019
IN THE COURT OF THE IX ADDL.CHIEF JUDICIAL
MAGISTRATE, AT BENGALURU CITY.
PRESENT: Sri.Vinod Balnaik
B.A. LL.B (Spl.)
IX Addl.C.J.M., Bengaluru City.
DATED THIS THE 31st DAY OF JULY 2025
C.C.No.28619/2019
COMPLAINANT:-
The State of Karnataka,
through PSI of Hulimavu Police Station.
(By Asst. Public Prosecutor)
// Versus //
ACCUSED:-
1. Arun Kumar (Abated)
2. Praveen Kumar,
W/o Shivaraj,
Aged about 22 years,
R/at 2nd Cross, 27th Main,
Someshwara Layout,
Hulimavu, BG Road,
Bengaluru.
3. Virupaksha,
S/o Rajegowda,
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C.C.No.28619/2019
Aged about 21 years,
R/at No.2,
Near Sri Kodanda Rama Swamy Temple,
Hulimavu, BG Road,
Bengaluru.
4. Harish,
S/o Annappa,
Aged about 30 years,
R/at No.144, 4th Cross,
Doddamma Layout,
Hulimavu, BG Road,
Bengaluru.
(By Sri.M.M./A.B. Advocates)
1. Date of Commencement of : 12.07.2019 to 17.07.2019
Offence.
2. Date of Report of Offence : 21.07.2019
3. Name of Complainant : Vijaybhaskar. K
4. Offences Complained U/sec. : 323, 324, 344,
506 R/W 34 of IPC.
5. Opinion of the Judge : Accused No.2 to 4 are
found not guilty.
JUDGMENT
This is a charge sheet filed by the PSI of Hulimavu police station against the accused No.1 to 4 for the offences punishable U/Sec. 323, 324, 344, 506 R/W 34 of IPC.
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02. In brief the prosecution case is that, on 12.07.2019 at 10.30 pm., CW.2 proceeding in TOYOTA ITOS CAR bearing No. KA- 01-ED-0579 to hand over the said vehicle to accused No.1. At that time, the accused No.4 restrained CW.2 and called accused no.1 to 3 and took him to Narayanappa's rented house situated at Someshwara Layout, Hulimavu, Bengaluru in front of accused No.1's house and assaulted CW.1 with the iron rod on his legs and hands. Among whom accused No.2 assaulted CW.1 with his hands on his face, stomach and back and kicked him. Later, they took CW.1 near the foot path of DLF. Again assaulted him with iron road and forced to pay him Rs.2,50,000/- as rent and repair expenses of the car. At that time, accused no.3 made videography and threatened to cause his death and thus the accused have committed the aforesaid offences.
03. After filing of charge sheet, this court took cognizance for the offences punishable U/Sec. 323, 324, 344, 506 R/W 34 of IPC and issued summons to the accused persons. The accused No.1 to 4 appeared before the court through their counsel and enlarged on bail. Later on, charge sheet copies and prosecution papers were furnished to the accused persons under Sec.207 of Cr.P.C. 4
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04. Heard both side on framing of charge, perused the prosecution papers. As there are sufficient materials to frame the charge against the accused persons, the charges has been framed and the same were read over to them, but they denied the contents of charge and claimed for trial. Hence the case was posted for prosecution evidence. During the course of trial the accused No.1 reported as died. Hence, the case against him is abated.
05. In furtherance of the charges leveled against the accused persons, the following points are arisen for my consideration.
POINTS
01. Whether the prosecution proves beyond all reasonable doubt that, on 12.07.2019 at 10.30 pm., the accused No.1 to 4 assaulted CW.1 & 2 with the iron rod on his legs, hands and back and assaulted with their hands and caused bleeding injuries and wrongfully confined them and threatened them to cause their death and forced them to pay Rs.2,50,000/- as rent and repair expenses of the car bearing No.KA-01-ED-0579. At that time, accused no.3 made videography and thus committed the offence punishable U/Sec.323, 324, 344, 506 R/W 34 of IPC.?
02. What order or Sentence ?
06. In order to prove the case, the prosecution has examined CW.14 & 15 as PW.1 & PW.2 respectively and got marked the documents as per Ex.P1 & Ex.P10. The prosecution has not secured the presence of CW.1 to 3 and they dropped from evidence. 5
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07. After completion of evidence of prosecution, the incriminating circumstances in the evidence of the prosecution is read over to the accused and statement under section 313 of Cr.P.C. recorded. The accused persons have denied the incriminating circumstances as false and not chosen to lead their side defence evidence.
08. Heard the arguments. My findings on the above said points are as follows:-
Point No.1 : In the negative. Point No.2: As per final order, for the following:
REASONS
09. POINT No.1 :- The prosecution has been launched on the basis of complaint lodged by the CW1 for the offences punishable U/Sec.323, 324, 344, 506 R/W 34 of IPC and investigation was taken place on the allegation made by the complainant/CW1 as per the contents of the complaint/Ex.P1. The prosecution has examined CW.14 as PW.1. who being the part Investigation Officer has deposed about receiving of complaint, registering crime and submitting of FIR. Further, he handed over the case file to CW.15. Thereby, he supported the case of prosecution and discharging of his official duty.
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10. Further, CW.15 is examined as PW.2, who being the part Investigating Officer has deposed that on 21.07.2019 he received case file from CW.14 who deposed about entrusted the officials to search the accused persons. On the very same day they produced victim and the accused persons before him and CW.10 gave report. He recorded the voluntary statements of accused no.1 to 3. Further, he seized the mobile of accused No.2 in the presence of CW.3 & 4 and transferred the incident video to the station computer and also downloaded in CD. He recorded the statements of CW.2, 5 to 8, 10 to 14. He released the accused persons on bail. On 22.07.2019, he went to the spot along with accused No.1 & 2 and conducted mahazar and seized 2 feet steel rod, right leg paragon slipper and one black T- shirt. On 01.08.2019 he received medical report of CW.2 and after completion of investigation he submitted charge sheet against the accused persons. Thereby, he too supported the case of prosecution and discharging of his official duty. 7
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11. It is pertinent to note here that, PW.1 & 2 being the official witnesses have deposed about discharging of their duties. The other witnesses have not took trouble to appear before this court to depose their respective versions. Hence, based on the evidence of PW.1 & 2, this court cannot come to conclusion that, the accused persons have committed the alleged offences. Then, the doubt arises in the mind of the Court regarding the case of the prosecution to bring home the guilt of the accused persons. Thus, there are no any incriminating materials to establish the alleged offence leveled against the accused persons. Therefore, the prosecution has utterly failed to prove the alleged offence against the accused persons beyond all reasonable doubt. Hence, I answered the Point No.1 in the negative.
12. POINT NO.2: In view of reasons stated above on points No.1, I proceed to pass the following:
ORDER By exercising powers conferred U/sec. 248(1) of Cr.P.C., the accused No.2 to 4 are acquitted for the offences punishable U/Sec. 323, 324, 344, 506 R/W 34 of IPC.8
C.C.No.28619/2019 The bail bond and surety bond of the accused No. 2 to 4 shall continue in force for a period of 6 months for the purposes of section 437(A) of Cr.P.C.
The accused No. 2 to 4 are set at liberty.
Further, the property mentioned in PF No.93/2022 being 2 feet steel rod, right leg paragon slipper and Black half armed T-Shirt are worthless to be destroyed after completion of appeal period.
(Dictated Dictated to the stenographer directly on computer, corrected and then pronounced by me in the open court this 31 st day of July 2025).
2025 (Sri Vinod Balnaik) IX Addl. Chief Judicial Magistrate, Bangaluru City.
ANNEXURE List of witness examined on behalf of the prosecution:-
PW-01 : Kumara
PW-02 : Chidananda Navi
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List of witnesses examined on behalf of the accused:-
--------NIL-----------
List of documents marked on behalf of the prosecution:-
Ex.P.1 : Complaint Ex.P.2 : FIR Ex.P.3 & 4 : Panchaname Ex.P.5 : Requisition Ex.P.6 : Wound Certificate Ex.P.7 & 8 : Photographs Ex.P.9 : Memo dated 21.07.2019 Ex.P.10 : Report dated 21.07.2019
List of documents marked on behalf of the accused:-
--------NIL-------- Material objects marked on behalf of the prosecution:
--------NIL--------
IX ADDL.C.J.M. Bengaluru.10
C.C.No.28619/2019 31.07.2025 Judgment Judgment pronounced in the open court (Vide separate order) ORDER By exercising powers conferred U/sec. 248(1) of Cr.P.C., the accused No.2 to 4 are acquitted for the offences punishable U/Sec. 323, 324, 344, 506 R/W 34 of IPC.
The bail bond and surety bond of the accused No. 2 to 4 shall continue in force for a period of 6 months for the purposes of section 437(A) of Cr.P.C.
The accused No. 2 to 4 are set at liberty.
Further, the property mentioned in PF No.93/2022 being 2 feet steel rod, right leg paragon slipper and Black half armed T-Shirt are worthless to be destroyed after completion of appeal period.
IX ADDL.C.M.M. Bengaluru.
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