Bangalore District Court
State By vs Yellappa @ Raghu S/O.Papanna on 4 November, 2019
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 4th day of November 2019
PRESENT: Sri.G.R.KULKARNI,
B.A., LL.B.,
C/c.X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.50254/2013
Complainant - State by, Police Sub Inspector
Halasur Police Station
/vs/
Accused 1. Yellappa @ Raghu S/o.Papanna, 23 yrs.
R/a.Opp. To Sanimahatma Temple,
Indlavadi village, Anekal Taluk,
Bangalore Rural Dist.
A.2 Dhananjay - Splitup.
JUDGMENT
1. The PSI of Halasur police station have filed this chargesheet against the accused Nos.1 and 2 for the offences punishable u/S.454 and 380 of IPC.
2. It is alleged by the prosecution that the accused No.1 along with absconding accused No.2 on 23/2/2012 at Gururam P.G.No.59/A, 2nd Cross, near Venkateshwara Temple, Domlur Layout, Bangalore trespassed to the room of CW.1 between 9.30 AM to 4.30 PM committed theft of one HP Laptop, Dell Laptop belonging to CW.1 and thereby 2 CC No.50254/2013 committed the alleged offences.
3. On the basis of the complaint filed by complainant, a case was registered in Halasur P.S., Cr.No.78/2012 and FIR was submitted to the court. Panchanama of scene of offence was conducted in presence of panchas and statement of witnesses were recorded. On completion of investigation chargesheet has been filed against the accused for the alleged offences.
4. Cognizance of offences was taken and summons was issued to the accused persons. Accused No.1 appeared before the court through his counsel and has been released on bail. A.2 since absconding case agianst A.2 splitup. Copies of chargesheet were furnished u/S.207 of Cr.P.C. After hearing, charge was framed against the accused for the alleged offences and accused No.1 has pleaded not guilty and claimed to be tried.
5. The prosecution in support of its case has not examined any witness inspite of providing sufficient opportunities. As no evidence is adduced by the prosecution statement of accused u/S.313 of Cr.P.C. was dispensed with.
6. Heard the arguments of Sr.APP appearing for the state and the 3 counsel for accused and perused the records.
7. The points for consideration is:
1. Whether the prosecution proves beyond doubt that the accused No.1 along with absconding accused No.2 on 23/2/2012 at Gururam P.G.No.59/A, 2nd Cross, near Venkateshwara Temple, Domlur Layout, Bangalore trespassed to the room of CW.1 between 9.30 AM to 4.30 PM committed theft of one HP Laptop, Dell Laptop belonging to CW.1 and thereby committed the alleged offences?
2. What order?
8. My answer on the above points:
Point No.1 - Negative,
Point No.2 - As per final order,
for the following;
REASONS
9. POINT NO.1:
The prosecution in support of its case has not examined any witness. Charge was framed against the accused persons on 24/4/2018. Subsequent to framing of charge, repeatedly witness summons, warrants and proclamation were issued against all the chargesheet witnesses, but none of them could not be secured before the court. The prayer of Sr.APP to take further coercive steps to summon all the chargesheet witnesses was refused and they were dropped. As there is no evidence 4 CC No.50254/2013 against the accused, it cannot be held that prosecution has been able to prove the guilt of the accused persons beyond all reasonable doubt. Accordingly, I answer Point No.1 in the Negative.
10. POINT NO.2:
For the afore said reasons, I pass the following;
ORDER Acting u/S.248(1) of Cr.P.C. the accused No. 1 is acquitted of the alleged offences punishable u/s 454 and 380 of IPC. Bail bond of accused No.1 stands cancelled and he is set at liberty. Retain the case records and property if any till disposal of splitup case as against accused No.2.
(Dictated to the Steno directly on computer, typed by him, same was corrected by me and then pronounced in open court on this the 4th day of November 2019).
(G.R.KULKARNI) C/c.X ADDL.C.M.M., BENGALURU.
ANNEXURE
LIST OF WITNESSES EXAMINED
Prosecution Defence
-Nil- Nil
Exhibits Marked
-Nil-
Material Objects got marked
-Nil-
C/c.X A.C.M.M., Bengaluru.
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