Bangalore District Court
State By Kamakshipalya P. S vs Chandrashekar S/O Ramaiah on 17 July, 2015
IN THE COURT OF THE V ADDL. C.M.M., AT BENGALURU.
Dated this the Friday the 17th day of July 2015
Present: Sri B. Venkatesha, B.Sc., LL.B.,
V Addl., CMM., Bengaluru.
CC No.20462/2012
Complainant State by Kamakshipalya P. S.,
(By Sr. APP B'lore)
V/s
Accused 1.Chandrashekar S/o Ramaiah, 33 Yrs.,
R/a No.60/2, 3rd Main, 11th Cross,
Rama Mandira, Kaveripura,
Kamakshipalya, Bangalore.
2.Smt. Gangalakshmamma
C /o Ramaiah, 66 Yrs.,
3.Ramaiah S/o Gangaiah, 72 Yrs.,
4.Smt. Manjula C/o nagaraju, 38 Yrs.,
A-2 to 4 are R/a 6/1m, 2nd Main Road,
5th Cross, Govindarajanagar,
Bangalore.
(Rep. by Sri NLN, Adv.,)
JUDGMENT AS PER SEC.355 Cr.P.C.,
1. Serial Number of the case : CC No.20462/2012
2. Date of the commission of the
offence :24.06.2007 to 9.2.2012
3.The name of the complainant : Smt. Aswathkumari @ Asha
2 CC No.20462/2012
4.Name of the accused persons
and their parentage and residence: As stated above.
5.The offence complained off : U/s.498A r/w Sec.34 of IPC
and proved & U/s.3 and 4 of DP Act.
6.The plea of the accused and : Pleaded not guilty and denied
their examination the incriminating evidence.
7.The final order : Acquitted
8.The date of such order : 17.07.2015
THE BRIEF REASONS FOR FINAL ORDER:
The prosecution's case in brief as set out in Cl. No.7 of
charge sheet is that the marriage of CW.1 Smt. Ashwathkumari
took place with accused No.1 at Bangalore, and accused No.2 to
4 are the relatives of accused No.1, and on demand at the time of
marriage the 1st accused received Rs.50,000/- cash, 15 grams
gold ornaments from the parents of complainant as dowry and
after the marriage complainant lead her matrimonial life with
accused No.1 along with accused No.2 to 4 at residential house
bearing No.6/1, 2nd Main Road, 5th Cross, Govindarajanagara,
Bangalore. For about three months, the accuseds were cordial
3 CC No.20462/2012
with the complainant. Thereafter the accused started to ill-treat
the complainant physically and mentally by saying that the dowry
given at the time of marriage is not sufficient. They abused and
assaulted the complainant, and forced her to bring additional
dowry of Rs.2,00,000/- from her parents. Cws.2 to 5 have advised
the accused not to ill-treat the complainant, but the accused
ousted the complainant from the house, and further when the
complainant started to reside separately along with the accused
No.1, on a rented house at 11th Cross, Kaveripura,
Kamakshipalya, a place that lies within the limits of
Kamakshipalya P.S., Bangalore. But even there also the accused
No.2 to 4 came and abused and assaulted the complainant by
stating that the complainant having illicit contacts when
complainant talks with others. They ill-treated her physically and
mentally, and on 9.2.2012 at about 8.00 a.m all the accused
picked up quarrel with the complainant and ousted her from the
said rented house and forced her to bring additional dowry of
Rs.2,00,000/- and ill-treated the complainant physically and
4 CC No.20462/2012
mentally. Thus, the accused persons have committed the
aforesaid offences as alleged.
2.During crime stage the accused persons enlarged on
regular bail. After submission of this charge sheet, this court has
taken cognizance of the aforesaid offences against the aforesaid
accused persons. Copies of the charge sheet have been furnished
to the accused persons as per Sec. 207 of Cr.P.C. With no
objection from the Counsel for the accused, this Court framed
charge for the aforesaid offences against them. The same read
over and explained to the accused in the language known to
them. The accused persons have pleaded not guilty. The
prosecution has examined the complainant and CW.2 as PWs.1
and 2, and it has got marked three documents as Ex.P-1 to P-3.
Statement of the accused has been dispensed since no
incriminating evidence placed against them.
3.Heard the arguments of both sides, perused evidence
placed before the court.
5 CC No.20462/2012
4.The Ex.P-1 is the complaint dtd., 26.02.2012 that
submitted to the Police Inspector, Kamakshipalya P.S., Bangalore.
Ex.P-2 the Mahazar dt., 26.02.2012 disclose that it was prepared
by the IO in the presence of the complainant and two other
panch witnesses in between 5.30 p.m. to 6.00 p.m. at residential
house belonging to Subramanyas' Building that situated at 11th
Cross, Kaveripura, Kamakshipalya, that situated at Kamaksipalya
P.S., limits, Bangalore. Ex.P-3 is the statement of CW.2. Ex P-3
discloses that CW-2 has made his statement to the IO by
supporting the complaint.
5.This case has been registered in view of the complaint
submitted by the complainant-Smt.Ashwathkumari @ Asha C/o R.
Chandrashekar, R/a No.60/2, 3rd Main, 11th Cross, Near Rama
Mandira, Kaveripura, Kamakshipalya, Bangalore. In the complaint
marked at Ex.P1, the complainant has specifically stated to the
then SHO of Kamakshipalya P.S., by reiterating almost all the
facts as averred in Col., 7 of the charge sheet and in Para No.1 of
this judgment. Ex.P-1 discloses that the first accused No.1
6 CC No.20462/2012
Chandra Shekar is the husband of the complainant, and accused
No.2 to 4 are the relatives of the accused No.1. Ex.P-3 discloses
that the PW-2 has stated to the IO by supporting the contents of
Ex.P-1.
6.Whereas during the course of examination in chief,
complainant-Smt.Ashwathkumari and PW-2 have deposed
evidence before this Court that the accused persons never caused
physical or mental cruelty on PW-1 with a demand to bring
additional dowry. PW-1 has deposed that she was not lodged the
complaint against the accused persons by stating that they have
been causing physical and mental cruelty on her for the dowry
demand. She has specifically stated that signatures marked as
Ex.P1a and 2a on documents marked at Ex.P-1 and 2 are her
signatures. But, she didn't know the contents of the documents
marked in Ex.P-1 and 2. PW.1 has deposed that she didn't know
that for when, where and for what reason she put her signatures
on the documents marked as Ex.P-1 and P-2.
7 CC No.20462/2012
7.PW's 1 & 2 are treated as a hostile witnesses at the
request of the prosecution. They are subjected to cross
examination on behalf of case of the prosecution. But nothing is
elicited in support of the case of the prosecution in the evidence
of PW's.1 & 2 that recorded during the course of their respective
cross-examination. PW-2 has deposed that he didn't made
statement to the police as per Ex P-3. The evidence of PW.1 and
2 did not disclose that the accused persons have committed the
offences as alleged against them. Since the complainant and her
father are turned as hostile, other witnesses have been
discharged since no purpose would be survived if they were
examined in view of the judgment of Hon'ble Apex Court that
reported in 1996(3) Crime 85. Therefore, it would be very
difficult to accept that the accused persons have committed the
aforesaid offences as alleged. Therefore, I am of opinion that the
prosecution miserably has failed to prove its case as alleged
against the accused persons beyond all reasonable doubt. The
accused persons are entitled for acquittal.
8 CC No.20462/2012
8. In view of the aforesaid discussion, this court proceed to
pass the following:-
ORDER
By acting U/s 248(1) Cr.P.C. the aforesaid accused No.1 to 4 are hereby acquitted of the offences punishable under Secs.498A r/w Sec.34 of IPC and Sec.3 and 4 of D. P. Act.
They shall be set at liberty forthwith if they are not required to other cases. However, their bail and surety bonds are hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., (Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the Friday the 17th day of July 2015).
(B.VENKATESHA) V Addl. C.M.M., Bengaluru ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION:
PW.1 Smt. Ashwathkumari
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P1 : Complaint dtd., 26.02.2012 Ex.P2 : Mahazar dt., 26.02.2012
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE: NIL.
4. LIST OF THE MATERIAL OBJECTS MARKED FOR THE PROSECUTION: NIL.
(B. VENKATESHA) V Addl., C.M.M., Bengaluru.
9 CC No.20462/201217.07.2015 Case called. A-1 to A-4 present State by Sr. APP Judgement pronounced in the open Court as under
A-1 to A-4 on bail vide separate Judgement kept in the file For Judgement By acting U/s 248(1) Cr.P.C. the aforesaid accused No.1 to 4 are hereby acquitted of the offences punishable under Secs.498A r/w Sec.34 of IPC and Sec.3 and 4 of D. P. Act.
They shall be set at liberty forthwith if they are not required to other cases. However, their bail and surety bonds are hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., (B.VENKATESHA) V Addl.C.M.M., B'luru.10 CC No.20462/2012 11 CC No.20462/2012