Bangalore District Court
State By Tilak Nagar Police vs Was Split Up And Charge Sheeted In ... on 19 March, 2021
1 CC.No.13128/2020
IN THE COURT OF THE XXXVII ADDL.CHIEF METROPOLITAN
MAGISTRATE, BANGALORE CITY.
Present: Sri B.MOHAN BABU, B.COM L.L.B.,(Spl.)
XXXVII Addl. C.M.M., Bangalore.
Dated this the 19th day of March, 2021
C.C. No.13128/2020
JUDGMENT UNDER SEC.355 OF CR.P.C.
1. Complainant: State by Tilak Nagar Police
Station
2. Accused: A1 Iqlaq Khureshi
S/o Illiyaz Khureshi,
Aged 43 years,
R/o Khader's house, 2nd floor,
Razak palya, Bagalur,
Bangalore.
3. Date of offence: 07082020
4. Offences complained Under Sec.229A of IPC.
of:
5. Plea: Accused pleaded not guilty.
6. Final Order: Accused is CONVICTED.
7. Date of Order: 19032021
The SubInspector of Police, Tilak nagar Police Station,
Bangalore has filed this charge sheet against the accused person for
the offences punishable U/s.229A of I.P.C.
2. The brief facts of the prosecution case are that:
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The accused being accused No.17 in the Crime No.34/2007 for
the offence p/u/s 302, 120(B) r/w/s 34 IPC and charge sheet has
been filed in CC No.13285/2007 and the accused has obtained bail
on 01082007 and thereafter he failed to appear in person before the
court and remained absconding, thereafter accused was secured under
body warrant in one of case from Uttar pradesh and produced before
the court, later accused obtained bail for second time and remained
abscond and violated the bail conditions and hence case against
accused was split up and charge sheeted in CCNo.17729/2008
thereby violated the bail conditions and failure to appear in person
before the court and thereby committed the offences punishable
under Sec.229A of I.P.C.
3. The accused is now in Judicial custody. 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. Plea
of Accusation for the offences P/U/S.229(A) of I.P.C., was read over
and explained to the accused. Accused pleaded not guilty and
claimed to be tried.
4. The prosecution, in order to prove its case, has examined two
witnesses as PW1 to 3 and got marked one document at Ex.P1,
3 CC.No.13128/2020
P1(A). P2 P2 (A) and P3The statement of accused as required U/s.313
of Cr.P.C. is recorded in which, he denied the incriminating evidence
appeared against him and he submitted that he has no defence
evidence, and the matter was posted for arguments.
5. I have heard the arguments of learned Sr.APP., for the
prosecution and learned counsel for the accused. Perused the
materials available on record.
6. The point that arises for my consideration is:
1)Whether the prosecution proves beyond all
reasonable doubt that the accused has
committed an offence punishable under
Sec.229A of IPC.?
2) What Order?
7. My findings to the above points are as under:
Point No.1 ... In the Affirmative
Point No.2.... As per final order, for the following:
REASONS
8.POINT No.1: In order to prove the allegations against the
accused, the prosecution has examined two witnesses as Pws.1 and 2.
PW1 Ramesh P.Nayak, PSI Konanakunte PS has deposed that on 07
082020 CW2 has produced accused before him and the accused has
violated the bail condition, based on the written complaint, he
4 CC.No.13128/2020
registered the case in Crime No.80/2020 for the offence punishable
U/s. 229A IPC and sent FIR to the Court and taken the accused on
police custody. PW1 further deposed that he produced accused
before court and recorded further statement of CW 2 to 5 and after
completion of the investigation, he filed charge sheet against the
accused.
9. The PW.2 Mahanand, PI CCB deposed that on 07082020
based on credible information received by him that in Tilak nagar PS
in crime No.34/2007 the A17 had obtained bail from the court and
were absconding without appearing in the court later accused was at
Prajapalya, Bagaluru and went to the spot along with CW 2 to 4 and
took custody of accused and produced before CW6 with report. He
identified the accused via Video conference.
10. The PW.3 Harishchandra, Head constable deposed that on
07082020 based on credible information received by CW1 that in
Tilak nagar PS in crime No.34/2007 you A17 had obtained bail from
the court and was absconding without appearing in the court later
accused was at Prajapalya, Bagaluru and went to the spot along with
5 CC.No.13128/2020
CW 3 & 4 and CW1 took custody of accused and produced before
CW6 with report. He identified the accused via video conference.
11. The evidence of above witnesses has gone unchallenged.
The copy of the order sheet in CC No.17729/2008 of II ACMM Court
which is marked at Ex.P3, goes to show that the accused was ordered
to be released on bail on 31/072007. The very order sheet discloses
that the accused has remained absent and thereafter NBW was issued.
12. In my opinion, the above materials are sufficient to reach
conclusion that accused is having charged with the offences and
released on bail with surety did failed without sufficient cause to
appear before court, in accordance with the terms of the bail bond
and therefore, he is liable to be convicted for the said offence. This
ingredient required to prove an offence punishable under Sec.229A
IPC., have been met with by the prosecution and therefore I have no
hesitation to reach conclusion that the prosecution has proved the
guilty of the accused persons beyond all reasonable doubt.
Accordingly I answer Point raised for my consideration in the
Affirmative and proceed to pass the following:
6 CC.No.13128/2020
ORDER
The accused is found guilty of an offence punishable under Section 229A I.P.C. and hence acting U/s.255(2) of Cr.P.C., accused is convicted for the said offence. The accused is hereby sentenced to undergo S.I. for a period of Six months. However, accused is entitled for set off of the period of detention already undergone by him, as per Sec.428 of Cr.P.C.
The accused is in J.C. since 08082020 hence, Jail Authorities are hereby directed to release the accused forthwith, if he is not required in any other case.
Supply a copy of this Judgment to the accused on free of cost forthwith. (Dictated to the Stenographer directly on the computer and print out taken by her is verified, corrected & then pronounced by me in the Open Court dated this the 19 th March, 2021) (B.MOHAN BABU) XXXVII ADDL.C.M.M., BANGALORE.
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
PW1 : Ramesh P.Nayak
PW2 : Mahanand
PW3 : Harishchandra.
7 CC.No.13128/2020
LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:
Ex.P.1 : Report Ex.P1(a) : Signature of the witness. Ex.P.2 : FIR Ex.P.2a : Signature. Ex.P.3 : copy of ordersheet in CCNo.17729/2008.
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 XXXVII ACMM., BANGALORE.8 CC.No.13128/2020
19032021.
Judgment.
Judgment pronounced via v/c (vide separately).
ORDER The accused is found guilty of an offence punishable under Section 229A I.P.C. and hence acting U/s.255(2) of Cr.P.C., accused is convicted for the said offence.
The accused is hereby sentenced to undergo S.I. for a period of one month.
However, accused is entitled for set off of the period of detention already undergone by him, as per Sec.428 of Cr.P.C.9 CC.No.13128/2020
The accused is in J.C. since 08082020 hence, Jail Authorities are hereby directed to release the accused forthwith, if he is not required in any other case.
Supply a copy of this Judgment to the accused on free of cost forthwith.
XXXVII ACMM.,B'lore.