Bangalore District Court
Smt Manjula .S vs Smt Jayashree on 8 July, 2024
1 C.C.No.13401/2019
KABC030428202019
Presented on : 18-06-2019
Registered on : 18-06-2019
Decided on : 08-07-2024
Duration : 5 years, 0 months, 20 days
IN THE COURT OF THE II ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, BENGALURU CITY
Dated this 8th day of July 2024
PRESENT : SRI.SAHEEL AHMED S. KUNNIBHAVI, B.Com.,
LL.B. (Spl.)
II Additional Chief Judicial Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.13401/2019 Date of commission of the
2. 25.02.2019 offence (As per F.I.R.) Jayanagara Police Station,
3. Name of the complainant Bengaluru City
4. Name of the accused 1. Smt.Jayashree, W/o Chandrashekar, Aged about 23 years, R/at No.53, Sanna Anjaneya Temple Road, 3rd D Cross, Sarakki, J.P.Nagar 1st Stage, Bengaluru-560078.
2. Chandrashekar, 2 C.C.No.13401/2019 S/o Sampangi, Aged about 36 years, R/at No.53, Prasanna Anjaneya Temple Road, 3rd D Cross, Sarakki, J.P.Nagar 1st Stage, Bengaluru-560078.
3. Dharmaraj, S/o Krishnegowda, Aged about 58 years, R/at Bandooru Varagerahalli Palya, (B.V.Palya), Vidya Sandra Post, Sathanooru Road, Channapattana Taluk, Ramanagara District.
4. Smt.Indira Bai, S/o Sampangi N., Aged about 58 years, R/at No.110-18, 19th Cross, 6th Block, Jayangar, Bengaluru.
Sections 114, 323, 341, 354B, The offences complained 355, 504 and 506 R/w
5. of Section 34 of the Indian Penal Code
6. Plea of the accused Pleaded not guilty Accused persons are
7. Final order acquitted
8. Date of order 08.07.2024 3 C.C.No.13401/2019 The Police Sub-Inspector of Jayanagara Police Station, Bengaluru City has filed Police Report against the above named accused persons alleging that they have committed the offences punishable under Sections 323, 341, 354B, 355, 504 and 506 R/w Section 34 of the Indian Penal Code.
2. It is the case of the Prosecution that due to the torture of the accused, the informant was living along with her kid in a separate house. The accused No1 being the brother of the informant had taken hand loan of Rs. 1,46,000/- for the treatment of his son and Rs.50,000/- cash to pay the advance of his house. The informant had been to the accused and requested for the repayment of the said loan. They have not returned the loan but started abusing this informant in a filthy language. They have even assaulted this informant with their hands. The informant soon after the incident had been to the Police Station and lodged the information against the accused persons.
4 C.C.No.13401/2019
3. Based on the First Information of CW1, the crime was registered in Crime No.38/2019 at Jayanagara Police Station. On completion of the investigation, the Police Sub-Inspector of Jayanagara Police Station, Bengaluru City have filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 114, 323, 341, 354B, 355, 504 and 506 R/w Section 34 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused persons. They have appeared before this Court and enlarged on bail. The copies of the Police Report and other Prosecution papers are furnished to the accused persons under Section 207 of Cr.P.C. After hearing, since there were grounds for presuming that the accused persons have committed the offences triable by this Court, charges for the offences punishable under Sections 114, 323, 341, 354B, 355, 504 and 506 R/w Section 34 of the Indian Penal Code have been framed and read over to them in Kannada language. They have pleaded not guilty and claims to be tried.
5 C.C.No.13401/2019
4. To prove the charges framed against all the accused, the prosecution has examined PW1 to PW3 and got marked Ex.P1 to Ex.P4. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witnesses against all the accused, the examination of the accused under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for the accused persons. Perused the materials available on record.
5. The points for determination are;
1. Whether the prosecution has proved the offences charged against all the accused for the offences punishable under Sections 323, 341, 354B, 355, 504 and 506 R/w Section 34 of the Indian Penal Code beyond reasonable doubt?
2. What order or sentence?
6. My answers to the above points are as follows:
Point No.1 : In the Negative, Point No.2 : As per final order for the following;6 C.C.No.13401/2019
REASONS
7. POINT No.1 :-it is the case of the prosecution all the accused in furtherance of their act assaulted this informant by using filthy language. Accused No1 is the wife of the brother of the informant and accused No.2 is the brother and other accused are the in-laws of the accused No.2.
8. To prove the guilt of the accused persons, the Prosecution has examined CW1/PW1 Manjula, wherein she has deposed that all the accused in furtherance of their act assaulted her by using filthy language. She has lodged the information against the accused. But in her cross- examination she turned hostile and deposed that the accused No. is her brother and due to misunderstanding she has lodged the information against all the accused. CW4/PW3 Santhosh who is the eyewitness to the incident, but turned hostile to the case of the Prosecution and has denied the entire incident.
7 C.C.No.13401/2019
9. It is the case of the Prosecution that accused No.2 being the brother of the informant and accused No.1 being the wife of the brother of the informant assaulted CW1 physically and mentally. CW1 has deposed about the torture of these accused persons. However, later in her cross-examination, she has turned hostile to the case of the Prosecution. She has deposed that she has lodged the information due to misunderstanding and she has compromised with these accused. She further has deposed that she is suffering from many diseases and she does not want to continue with this case. The rest of the witnesses also turned hostile to the case of the Prosecution. When injured and informant and also the eye witnesses turned hostile to the case of the prosecution, this court finds that there is no evidence available before this Court to prove the guilt of the accused persons beyond all reasonable doubt. For this reason, the evidences of the other Prosecution witnesses CW2, CW3, CW5 and CW7 to CW9 are dropped. Under these circumstances, I am holding that the Prosecution has not proved the guilt of the accused persons 8 C.C.No.13401/2019 for the offences punishable under Sections 114, 323, 341, 354B, 355, 504 and 506 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
10. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 323, 341, 354B, 355, 504 and 506 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. In the result, I proceed to pass the following:-
ORDERS Under Section 248(1) of Cr.P.C, all the accused are hereby acquitted for the offences punishable under Sections 323, 341, 354B, 355, 504 and 506 R/w Section 34 of the Indian Penal Code.
The bail bonds and cash surety furnished by the accused persons will be in force till appeal period and thereafter, it 9 C.C.No.13401/2019 shall be canceled.
(Dictated to the Stenographer, typed by her, corrected and then pronounced by me in the Open Court, today this the 8 th day of July 2024) (SAHEEL AHMED.S.KUNNIBHAVI) II Addl. Chief Judicial Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Manjula,
PW2 : Dr.Padma,
PW3 : Santhosh.
Documents marked on behalf of Prosecution :-
Ex.P1 : First Information,
Ex.P1(a) : Signature,
Ex.P2 : Mahazar,
Ex.P2(a) : Signature,
Ex.P3 : Wound Certificate,
Ex.P3(a) : Signature,
Ex.P4 : Witness Statement.
Material objects marked on behalf of Prosecution :-
NIL 10 C.C.No.13401/2019 Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL (SAHEEL AHMED.S.KUNNIBHAVI) II Addl. Chief Judicial Magistrate, Bengaluru City.