Bangalore District Court
State By Amruthahalli vs Chethan S/O Chandrashekar on 26 April, 2017
IN THE COURT OF THE CHIEF METROPOLITAN
MAGISTRATE, BENGALURU CITY
Dated this the 26th day of April 2017
PRESENT:
Sri Rudolph Pereira, B.Com., L L.M.,
CMM, Bengaluru
C.C. No.6587/2013
Complainant : State by Amruthahalli
Police, Bengaluru City
-V/s-
Accused : 1. Chethan s/o Chandrashekar,
21 yrs, R/at No.1524,
Sanjeevininagar, Sahakaranagar
Post, Bengaluru.
2. Amith - Split Up
3. Bibhuthi Bushan Biswal s/o
B.B.Biswal, 26 yrs, R/at No.2218,
12th Cross, Sanjeevininagar,
Sahakaranagar Post, Bengaluru.
4. Jagadeesh - Split Up
5. Nawaz - Split Up
2 CC No.6587/2013
Date of offence : 01-02-2013
Offence : Section 291 of IPC
Plea of the : Accused No-1 and 3 pleaded
Accused not guilty
Final order : Accused No-1 and 3
Acquitted
Date of Judgment : 26-04-2017
: J U D G M E N T U/S 355 of Cr.P.C. :
The Police Sub-Inspector of Amruthahalli Police
Station, Bengaluru City, has filed charge sheet against
accused persons for an offence punishable under Section
291 of IPC.
2. The brief facts of the case of prosecution are
that-
In the Public Entertainment Place such as Music
Café Restaurant situated within the limits of
Amruthahalli P.S. i.e., Flat No.16, 3rd Floor,
Radhaswamy Complex, 1st Cross, Pampa Badavane,
Bengaluru, the accused persons in order to attract the
3 CC No.6587/2013
customers and to swindle money were permitting the
general public and students visiting there to consume
hukka, as a result of which the said Music Café was
raided on 26-07-2011 & 03-12-2011 and by registering a
case were warned not to repeat the same and advised to
act as per the permit. However, it is alleged that the
accused persons were involved in similar offences, as a
result of which on credible information, the CW1
S.Panduranga along with his subordinates and panchas
raided the above said Music Café on 01-02-2013 at 6.30
p.m., apprehended the accused persons and seized the
incriminating articles. Thereby the accused persons
committed the aforesaid offences.
3. Accused No-1 and 3 are on bail. The case
against accused No-2, 4 and 5 is split up vide orders of
this court dated 16-08-2016 and a separate case in CC
No.22227/2016. After furnishing charge-sheet copies,
on the basis of materials placed before the Court, the
4 CC No.6587/2013
Accusation against accused No-1 and 3 for the alleged
offence was read over & explained in the language
known to them. The accused No-1 and 3 pleaded not
guilty and claimed to be tried.
4. The prosecution in order to prove its case has
examined only one witness as PW1, produced
documents as per Ex.P1 to 4 and material objects as per
MO1 to 20. The learned Sr.APP has given up CW2 to 7.
CW8 to 10 did not turn up, inspite of coercive steps
taken by the court, hence the said witnesses were
dropped by rejecting the prayer of learned Sr.APP.
Thereafter the statement of accused No-1 and 3, as
required U/S 313 of Cr.P.C. was recorded, wherein they
have denied the prosecution case in toto and opted not to
adduce any defence evidence.
5. Heard the arguments on both sides and perused
the prosecution papers.
5 CC No.6587/2013
6. CW1 S.Panduranga is the complainant of this
case. He was the P.I. of Amruthahalli P.S. at relevant
point of time. He has deposed that on 01-02-2013 at 6.30
p.m., when he along with CW2 and 3 were on patrolling
duty within the limits of Amruthahalli P.S., he received
credible information that in the music café run by
accused persons, they in order to attract the customers
and to swindle money were permitting the public and
students visiting there to consume hukka and thereby
caused inconvenience to the ladies and other publics who
visited the said music café and that the accused persons
were threatening the publics if they dared to lodge
complaint to police. PW1 has further deposed that
though the above said café was raided on previous
occasion, the accused persons continued their illegal
business in the above said restaurant, as a result of which
he along with his staff and panchas immediately raided
the said music café. The PW1 has identified the hukka
6 CC No.6587/2013
bottles, rubber pipes and menu sheets as per MO1 to 20,
photographs of the money of Rs.4,010/- & parts of the
table seized therein as per Ex.P2 & 3 respectively and
his report as per Ex.P4.
7. During cross-examination, PW1 has admitted
that the restaurant run by accused persons is surrounded
by residential houses. But he has not chosen to record
the statements of inhabitants of the said houses. He has
admitted that the restaurant in question is situated in a
complex, but he cannot say the type of shops existing in
the said building. Further, the PW1 has not chosen to
seize the name board of above said music café. The PW1
has further admitted that he has not seized any
documents from the restaurant in question and obtained
the signatures of witnesses on the seized hukka bottles.
Under the circumstances, I am of the view that the
evidence of PW1 is not trustworthy.
7 CC No.6587/2013
8. Herein, the I.O. has not charge sheeted the
owner of building namely Krishna Sharma. In fact in the
charge sheet, the I.O. has mentioned that there were no
materials against the said person to send him for trial.
But, it appears that without proper investigation, the I.O.
has made such endorsement in the charge sheet. The
prosecution has not been able to examine the remaining
witnesses including I.O., inspite of giving sufficient
opportunities. Further, the details of previous raid on the
restaurant of accused persons has not been furnished by
the prosecution. Hence, I am of the considered opinion
that the prosecution has miserably failed to prove the
alleged illegal acts of accused No-1 and 3, beyond all
reasonable doubt. On the whole, this court is of the view
that accused No-1 and 3 are entitled for the said benefit
of doubt. In the result, I proceed to pass the following-
8 CC No.6587/2013
ORDER
The accused No-1 and 3 are found not guilty. Hence acting under Section 255(1) of Cr.P.C., the accused No-1 and 3 are acquitted of the offence punishable under Section 291 of IPC.
Their bail bonds stand cancelled and they are set at liberty.
Office is directed to keep this file along with properties in CC No.22227/2016, the split up case pending against accused No-2, 4 and
5. The order regarding disposal of properties will be passed in the said split up case.
(Dictated to the Stenographer on Computer. The computerized print out taken by him is revised, corrected and then pronounced by me in the open court on this day i.e., 26-04-2017) (Rudolph Pereira), Chief Metropolitan Magistrate, BENGALURU.
9 CC No.6587/2013ANNEXURE List of Witnesses examined on behalf of the prosecution:-
PW1 : S.Panduranga List of Documents marked on behalf of the prosecution:-
Ex.P1 : Mahazar
Ex.P2, 3 : Photographs
Ex.P4 : Report of PW1
List of Material objects produced:-
MO1 to 9 : Hukka Bottles MO10 to 18 : Rubber Pipes MO19 & 20 : Menu Sheets List of Witnesses examined & documents marked on behalf of the defence:
NIL C.M.M., BENGALURU.10 CC No.6587/2013
26-04-2017 (Judgment pronounced in the open court vide separate sheets) ORDER The accused No-1 and 3 are found not guilty. Hence acting under Section 255(1) of Cr.P.C., the accused No-1 and 3 are acquitted of the offence punishable under Section 291 of IPC.
Their bail bonds stand cancelled and they are set at liberty.
Office is directed to keep this file along with properties in CC No.22227/2016, the split up case pending against accused No-2, 4 and 5. The order regarding disposal of properties will be passed in the said split up case.
Chief Metropolitan Magistrate, Bengaluru.