Bangalore District Court
The State vs Rahul Tripati on 14 November, 2022
KABC030765212019
Presented on : 19.10.2019
Registered on : 19.10.2019
Decided on : 14.11.2022
Duration : 03y/00m/26days
IN THE COURT OF
XLI ADDITIONAL METROPOLITAN MAGISTRATE
AT : BENGALURU
PRESIDED OVER BY TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B.,
XLI Addl. Metropolitan Magistrate
Bengaluru
Dated on this 14th day of November 2022
C.C.No.24704/2019
COMPLAINANT : The State
by Bellanduru Police Station
-V/s-
ACCUSED : 1. Rahul Tripati
S/o. D.C.Tripati,
Aged about 22 years, R/at No.403,
Jolo Mustard PG Nest, Near Bakery,
Maratahalli, Bengaluru City.
P/R/at No.203,
Krishna Vihar Society,
Faridabad Nagar, Haryana State.
2. Aditya Shruthriya
S/o. Vivek Shruthriya,
Aged about 24 years, R/at No.403,
Jolo Mustard PG Nest,
2 C.C.No.24704/2019
Near Bakery, Maratahalli,
Bengaluru City.
P/R/At No.203,
Al three Green View Apartment,
Kamagachi, Calcutta City,
West Bengal.
Date of Commission of offence 04.05.2019
Date of report 04.05.2019
Date of arrest 04.05.2019
Name of the complainant Ashok.G
Date of commencement of 25.11.2021
recording Evidence
Date of closing evidence 17.09.2022
Offences complained of U/Sec.353, 332, 504, 427
r/w. 34 of IPC and section
3 of Prevention of Damage
to Public Property Act.
Opinion of the Judge As per final orders
State Represented by Senior Asst. Public Prosecutor
Accused Represented by Sri.Divakara K., Advocate.
JUDGMENT
[Delivered on 14.11.2022] The P.S.I of Bellanduru Police Station has filed charge sheet against the accused for the offences punishable U/Sec.353, 332, 504, 427 r/w 34 of IPC and Sec. 3 of Prevention of Damage to Public Property Act.
3 C.C.No.24704/2019
2. Brief facts of prosecution case is as follows:
On 04.05.2019 at 1a.m., CW.1 to 3 being police officials were discharging their duties of registering drink & drive cases in front of H.S.R Layout traffic police station at Ibbaluru service road and at that time CW.6 informed them that 2 persons are riding their Bullet motorcycle negligently in a Zig Zag manner and when they stopped the motorcycle bearing No.KA.04.JF.5037 and CW.2 proceeded to test the accused No.1 and 2, they abused CW.1 and 2 in a filthy language, the accused No.1 torn the uniform of CW.1 obstructed, deterred him from discharging their official duty, beaten him with his hands and a wooden log and thereby caused injuries and when CW.3, 5 to 7 took them to HSR Layout Traffic police station, the accused created havoc, destroyed furniture's, electric wires installed to the computer system of the station and thereby damaged the property of police department, caused loss to the tune of Rs.50,000/- and when CW.4 intended to inform the same to control room, the accused No.1 abused him in a filthy language snatched his phone, slapped to his cheek and when 4 C.C.No.24704/2019 CW.5 rushed to his help, the accused No.1 abused him in a filthy language and beaten CW.1 with hands, plastic chair and helmet and thereby voluntarily caused injuries. On the basis of complaint given by the CW.1, the Bellanduru Police have registered this case against the accused in Cr.No.133/2019.
3. On 04.05.2019, the accused were arrested and produced before this court. This court remanded them to judicial custody.
In view of the orders passed by the Hon'ble LV Additional City Civil and Sessions Judge in Crl.Misc.4207/2019, the accused are released on bail.
4. After the investigation, the IO filed charge sheet against the accused. This Court has taken cognizance of the offences punishable U/Sec.353, 332, 504, 427 r/w 34 of IPC and Sec.3 of Prevention of Damage to Public Property Act. This Court complied with Sec.207 of Cr.P.C and furnished charge sheet copies to the accused.
5. This Court heard both the parties. As there were no grounds to discharge the accused, this Court framed charges for the 5 C.C.No.24704/2019 offences punishable U/Sec. 353, 332, 504, 427 r/w 34 of IPC and Sec.3 of Prevention of Damage to Public Property Act. The accused did not plead guilty. They claimed to be tried.
6. In order to prove its case, the prosecution got examined 18 witnesses as PW.1 to 18, got marked Ex.P.1 to 18 documents and Mo.1 to 4. After completion of the evidence of prosecution side, the statement of the accused was recorded U/Sec.313 of Cr.P.C. The accused denied the incriminating evidence led against them. They did not choose to lead their defence evidence.
7. I have heard the arguments of Senior APP and Sri. DK Advocate.
8. On the basis of allegations made against the accused, the following points arise for my consideration:
1. Whether the prosecution proves beyond all reasonable doubt that, on 04.05.2019 at 1a.m., when CW.1 to 3 being police officials were discharging their duty of registering drink & drive cases in front of H.S.R Layout traffic police station at Ibbaluru service 6 C.C.No.24704/2019 road, they stopped the motorcycle bearing No.KA.04.JF.5037 and when CW.2 proceeded to test the accused No.1 and 2, they in furtherance of common intention abused CW.1 and 2 in a filthy language and when they were taken to HSR Layout Traffic police station, the accused No.1 abused CW.4 in a filthy language and thereby they have committed the O/P/U/Sec.504 r/w 34 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused No.1 in furtherance of common intention torn the uniform of CW.1, beaten him with his hands and a wooden log and when they were taken to HSR Layout Traffic police station, the accused No.1 snatched the phone of CW.4, slapped to his cheek and when CW.5 rushed to his help, the accused No.1 abused him in a filthy language and beaten CW.1 with hands, plastic chair and helmet and obstructed, deterred them from 7 C.C.No.24704/2019 discharging their official duties and they have committed the offence punishable U/Sec.353 r/w 34 of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in furtherance of common intention beaten CW.1 and 4 voluntarily and caused injuries and thereby they have committed the O/P/U/Sec.332 of IPC?
4. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused in furtherance of common intention destroyed furniture's, electric wires installed to the computer system of the station, damaged the property of police department and caused loss to the tune of Rs.50,000/- and thereby they have committed the O/P/U/Sec.427 r/w 34 of IPC & U/Sec. 3 of Prevention of Damage to Public Property Act ?
5. What order?8 C.C.No.24704/2019
9. My answers to the above points are as under:
Point No.1 : In Negative
Point No.2 : In Negative
Point No.3 : In Negative
Point No.4 : In Negative
Point No.5 : As per final orders for the following:
REASONS
Point No.1 to 4: As all these points are interrelated, I take all the four points together for common discussion to avoid repetition.
10. The burden is casted on the prosecution to prove that, the accused by consuming alcohol driven the motor cycle vehicle in a rash and negligent manner and when CW.1 to 3 stopped their vehicle to check the consumption of alcohol, the accused in furtherance of common intention abused them in a filthy language, obstructed them from discharging their official duty, caused hurt, destroyed the property of police department to the tune of Rs.50,000/-.
11. In order to prove its case, the prosecution got examined the complainant/victim CW.1 as PW.1, eyewitnesses CW.2 as PW.3, CW.3 as PW.5, CW.4 as PW.2, CW.5 as PW.4, CW.6 as PW.7, 9 C.C.No.24704/2019 CW.8 as PW.6, CW.9 as PW.9, CW.10 as PW.8, CW.15 as PW.10, Medical officer as PW.11, CW.17 as PW.12, CW.18 as PW.13, CW.20 as PW.14, CW.20 as PW.16, Senior Scientific Officer as PW.17, police constable as PW.18 and investigating officer CW.21 as PW.15, and got marked complaint as Ex.P.1, spot mahazar as Ex.P.2, seizure mahazar as Ex.P.3, report as Ex.P.4, wound certificate as Ex.P.5, MLC register extracts as Ex.P.6 to 8, FIR as Ex.P.9, photograph as Ex.P.10, copy of station house diary as Ex.P.11, duty extract as Ex.P.12, compact discs as Ex.P.13 to 15, endorsement as Ex.P.16, certificate U/Sec.65 of Evidence act as Ex.P.17 and FSL Report as Ex.P.18, torn uniform shirt as MO.1, wooden log as MO.2, helmet as Mo.3 and motor cycle as MO.4.
12. CW.1/PW.1- Ashok in his evidence has stated that, while he was working as police constable at HSR Layout Police station, on 03.05.2019, he was deputed to register drink and drive cases from 9p.m to 2 a.m. Accordingly, himself and CW.3 were assisting PSI Narayanappa. On that night, the rider of 10 C.C.No.24704/2019 KA.04.JF.5037 negligently driven his Royal Enfield motorcycle from Silk Board towards Marathalli side. He was accompanied by a pillion rider. When they stopped their vehicle, they suddenly tried to assault them. The other vehicle drivers came to their help. Hence, they took them to HSR Layout Traffic Police Station. When they were about to register a case, they assaulted them, pulled out computer wires and destroyed the furniture's of the police station. At that time, CW.4 was the SHO. Both the accused abused them in a filthy language and when CW.4 intended to inform the same to his higher officials through phone, they snatched the receiver and slapped to his cheek. They informed the same to Bellanduru Police station and handed over them to Bellanduru Police. Himself and other police officials of the station video recorded the incident. He gave Ex.P.1 complaint. The accused pulled his uniform and beaten him with wooden log. Due to which, he sustained bleeding injuries to his neck. Subsequently, on 04.05.2019 Ex.P.2 mahazar was drawn at 10a.m to 11a.m., in the presence of Kumar and Sridhar and 11 C.C.No.24704/2019 seized KA.04.JF.5037 motorcycle, his uniform shirt, helmet and wooden log, which was used for beating him. His uniform shirt is marked as MO.1, wooden log is marked as MO.2, helmet is marked as MO.3 and the vehicle of the accused seen in the photograph is marked as MO.4. As the accused damaged the table, chair, computer devices at the police station, he has shown it to the investigating officer. On the same day, at 4 p.m to 5 p.m he had been to Bellanduru police station to give his MI mobile phone as, he had video graphed the incident in that mobile. At that time, CW.12 and 13 were present. That mobile was seized through Ex.P.3 mahazer. He has identified the accused, who are present before the court.
13. CW.4/PW.2- Nanjegowda in his evidence has stated that, on 05.03.2019 he was working as SHO of HSR layout police station. At 1.10 a.m CW.2, 3 and PW.1 had brought 2 accused persons to the station to register a case alleging assault on the police officials, while registering drink and drive case. Under intoxication, the accused thrown chair,devices of wireless walky talky and when, 12 C.C.No.24704/2019 he intended to inform the same to control room, they abused him in a filthy language and slapped to his cheek. With the help of Hoysala vehicle, they sent them to Bellanduru police station. Their staff video graphed the incident, when the accused slapped to his cheek. He felt bad. Subsequently, he continued with his work.
14. CW.2/PW.3- Narayanappa in his evidence has stated that, on 03.05.2019 while working as ASI of HSR layout traffic police station, he was deputed for night shift along with CW.1 and 3 to register drink and drive cases. At 1a.m delivery boys of Swiggy food company, informed that some boys are riding their vehicles by consuming alcohol. As per his instructions, CW.1 and 3 stopped the riders of a bullet bike, who came from Agara towards Marathahalli side. At that time, the accused quarreled with him and abused him in a filthy language as to why their vehicle is stopped. Subsequently, they were taken to HSR layout police station. At that time, CW.4 was the SHO of that police station. He has not seen the incident, which was occurred inside the station. 13 C.C.No.24704/2019 Subsequently, himself, CW.4 and other staff gave complaint in this regard.
15. CW.5/PW.4- Mahantesh in his evidence has stated that, on 03.05.2019, he went to HSR layout police station at 1a.m after dropping their inspector to his residence. At that time, the accused were quarreling with CW.1. They abused and assaulted CW.1. Accused were taken to police station with the help of public, who had gathered infront of the station. The accused pulled PW.1 by holding his collar, torn the pocket of his shirt, beaten him with helmet and wooden log. They destroyed the chairs, devices of walky talky and its chargers by throwing them. They assaulted PW.3, when he was video graphing the incident. They informed the control room who in turn sent Hoysala police vehicle. When he tried to pacify the accused, they abused and pushed him. They deterred them from discharging their duties. The accused quarreled with PW.1 and PW.3, when they were discharging their duty of registering drink and drive cases. He has identified the accused and MO.1 to 3.
14 C.C.No.24704/2019
16. CW.3/PW.5- Nagaraj in his evidence has stated that, on 03.05.2019 he was deputed to night duty along with PW.1 and 3 to register drink and drive cases, while he was working as head constable at HSR layout traffic police station. At 1a.m, when they were discharging their duties infront of their station, the drivers of cabs and delivery boys of Swiggy food company informed that, the riders of Royal Enfield motor cycle are riding their vehicle by consuming alcohol. As per the instructions of PW.3, PW.1 stopped that vehicle. They tried to escape. They made hue and cry and torn the pocket portion of the uniform of PW.1. The accused No.1 beaten PW.1 with a helmet and wooden log. At that time, the public came to their rescue. The accused were taken inside the police station. PW.1 and 3 tested the accused with alcometer. When they proceeded to test accused No.2, the accused No.1 obstructed for the same. The PW.1 video graphed the same. When the PW.2 was informing the same to control room, the accused No.1 pulled the phone receiver from his hand and slapped to his cheek. They destroyed chairs, wireless devices, abused them in a 15 C.C.No.24704/2019 filthy language and deterred them from discharging their duties. Subsequently, Hoysala police came there. He has identified the accused and MO.1 to 4.
17. CW.8/PW.6- Rudresh in his evidence has stated that, he has seen 2 persons quarrelling with 3 police personnel at 12 a.m of 04.05.2019 infront of Ibbaluru traffic police station, when he was proceeding on Sarjapur main road by driving his auto rickshaw. Those two persons were taken to police station in a Hoysala vehicle. He has not clearly seen those two persons, who were taken to the station.
18. CW.6/PW.7- Bijay in his evidence has stated that, on 04.05.2019 at 1a.m somebody was beating the police with helmet. He could not see their faces clearly. As he was in hurry to deliver the food, he went immediately. On the next day, at 7 p.m a police official by name Ashok took his signature to a document, which was written in Kannada language. He does not know to read and write Kannada language.
16 C.C.No.24704/2019
19. CW.10/PW.8- Shridar in his evidence has stated that, the police had taken his signature to Ex.P.2 in the year 2019, when he had been to police station. The police did not read over the contents of Ex.P.2. As per the sayings of the police, he had affixed his signature to Ex.P.2.
20. CW.9/PW.9- Seenappa in his evidence has stated that, he had seen the accused earlier. On 04.05.2019 at 12a.m he was returning from Silk board by unloading tender coconuts. He noticed a quarrel between the accused and police personnel in front of traffic police station near Ibbaluru. At that spot, 3-4 police personnel, accused and about 10 publics gathered. When the PW.1 asked them to pay fine for driving the vehicle by consuming alcohol, the accused arguing with him. One of the accused, beaten to the head of PW.1 with helmet. Another accused beaten to his body with wooden log. At that time auto and cab drivers came to their rescue. The police personnel of nearest station came and took the accused to the station. He heard screaming voice from the station. The accused were abusing the police in a filthy 17 C.C.No.24704/2019 language. The accused might have used MO. 2 and 3 to assault PW.1. He has not observed the nature of injuries sustained by him.
21. CW.15/PW.10- Shivalingappa in his evidence has stated that, he was deputed to night shift in Hoysala vehicle along with CW.16 on 03.05.2019. At 3a.m they received a message that, the public are quarrelling with HSR layout traffic police, while registering a case. Immediately, they rushed to HSR layout police station. The CW.2 showed the accused persons and told that they have broken chair and walky talky. They took the accused to their custody as, CW.1 told that, he will lodge complaint against them. They produced the accused before SHO at 3.30a.m and accordingly, he gave Ex.P.4 report. He has identified the accused.
22. CW.20/PW.14 - V.Mylaswamy in his evidence has stated that, while discharging his duties as head constable at Bellanduru police station, on 04.05.2019 at 3.45 p.m, PW.1 gave Ex.P.1 complaint. On the basis of which, he registered a case as per Ex.P.9.
18 C.C.No.24704/2019
23. CW.14/PW.11- Dr. Aravind in his evidence has stated that, while discharging his duties at Bowring and Lady Curzon hospital at Bengaluru, on 04.05.2019 at 6.20 a.m Mr.Ashok visited their hospital for treatment with the history of assault. On examination, he noticed tenderness over his right parietal region and right great toe. Those injuries are simple in nature. Accordingly, he has issued Ex.P.5 wound certificate. There are chances that a person may sustain injuries described at Ex.P.5, if he is beaten with helmet and wooden log. On the same day at 5 a.m PC No.12273 of Bellanduru police station had brought 2 persons by name Rahul Tripati and Aditya Shrutriya for examination to know whether they have consumed alcohol or not. Those two persons admitted that, they have consumed Rum. He smelled alcohol from them and they were stammering while talking. He collected their blood and urine samples and sent them to FSL for examination. The same is noted in MLC register extract. Those extracts are marked as Ex.P.6 to 8 respectively. 19 C.C.No.24704/2019
24. CW.17/PW.12- Vrushabhendra in his evidence has stated that, while he was discharging his duty as police constable at Bellanduru police station, on 03.05.2019 at 5a.m CW.19 directed him and CW.18 to get medically examined Rahul Tripati and Aditya at Bowring hospital. Accordingly, they got examined those two persons from Bowring hospital. The doctor made an endorsement to their requisition. After the examination, they brought them to the station. He has identified the accused.
25. CW.18/PW.13- Ramesh in his evidence has stated that, while he was discharging his duties as constable at Bellanduru police station, he was deputed to night shift on 03.05.2019. At 1.20 a.m to 3 a.m, Hoysala police brought Rahul Tripati and Aditya. The traffic police complained that, the accused quarreled by consuming alcohol. As per the oral instructions of SHO, at 5 a.m, himself and PW.12 taken them to Bowring hospital for medical examination. The doctor collected urine and blood samples of Rahul and Aditya, sealed it and handed over the same to them. 20 C.C.No.24704/2019 Accordingly, they produced those samples before the SHO. He has identified the accused.
26. PW.18- Mahesh Logavi in his evidence has stated that, as per the orders of PW.15, he had handed over the urine and blood samples of Rahul and Aditya of Cr.No.133/2019 to FSL along with a requisition. Accordingly, he obtained Ex.P.16 endorsement from FSL and handed over the same of PW.15.
27. CW.14/PW.16- N.Manjunath in his evidence has stated that, he was discharging his duty as head constable and computer operator at Bellanduru police station. On 04.05.2019, PW.15 produced Android mobile phone of PW.1 and asked him to convert the video found therein to compact disc. Accordingly, by using USB cable of their station computer, he copied the video to CD. He has affixed his signature to Ex.P.3 seizure mahazer, when PW.15 handed over mobile phone to him. Accordingly, he has issued Ex.P.17 certificate U/Sec.65[B] of Evidence Act. Ex.P.13 to 15 are the CD's to which he had copied the videos. 21 C.C.No.24704/2019
28. PW.17- Dr. Shilpa in her evidence has stated that, she is working as Senior Scientific Officer at FSL, Bengaluru. On 06.05.2019, Mahesh Logavi, police constable of Bellanduru police station gave urine and blood samples of Rahul and Aditya along with a requisition. Through those samples, a report was sought whether those persons had consumed alcohol or not. On 08.05.2019, those samples were allotted to her. She conducted color test and gas chromatography scientific tests, wherein she found the presence of alcohol. Accordingly, she has issued Ex.P.18 report in this regard.
29. CW.14/PW.15- Venugopala in his evidence has stated that, while he was working as PSI at Bellanduru police station on 04.05.2019, at 4 p.m he visited the spot and drawn Ex.P.2 mahazer in the presence of CW.11 and PW.8. The PW.1 had shown the spot to him. From the spot, he has seized KA.04.JF.5037 Royal Enfield motor cycle, uniform shirt of PW.1 which was worn at the time of incident, black colored helmet and a wooden log. He has identified MO.1 to 3. The royal Enfield motor cycle is seen in 22 C.C.No.24704/2019 Ex.P.10 photograph. On the same day, he sent the accused to Bowring hospital for medical examination along with PW.12 and
13. The doctor collected the urine and blood samples of the accused, sealed it and sent them to police station through PW.12 and 13. On 10.05.2019, he received the copy of station diary, which is marked as Ex.P.11. On 11.05.2019, he collected the duty extract from HSR layout police station, which is marked as Ex.P.12. He recorded the voluntary statements of the accused. On 06.07.2019, he received Ex.P.5 wound certificate from Bowring hospital. On 05.05.2019, he recorded the statements of CW.2 to 9. On the same day, he received Ex.P.4 report from PW.10. By following the arrest procedure, he produced the accused before the Court. On 04.05.2019, the PW.1 produced 3 CD's in connection with the incident. He had seized those CD's by drawing Ex.P.3 mahazer. He had not sealed those CD's. They are marked as Ex.P.13 to 15 respectively. By completing investigation, he filed charge sheet against the accused.
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30. On the basis of written information given by the CW.1 on 04.05.2019, the Bellanduru Police registered this case, investigated the matter and filed charge sheet against the accused. In Ex.P.1, the complainant has alleged that, the accused came by riding Royal Enfield motor cycle with a high speed and when they stopped their vehicle at 1 a.m., they abused him and ASI Narayanappa in a filthy language, hold his neck, torn his uniform shirt, pushed him, beaten his cheeks with wooden logs and hands. The public, cab drivers and swiggy delivery boys came to his rescue. When they were taken to traffic police station, the accused snatched phone receiver from the hands of CW.4 and slapped to his cheek. They have broken the table and chairs of the station. They abused them in a filthy language. They beaten to his head with plastic chair, destroyed computer devices and deterred them from discharging their duties. On enquiry they told their names as Rahul Tripati and Aditya. He had sustained bleeding injuries to his cheek and neck.
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31. Before discussing the evidence led by prosecution witnesses, the Court has to go through the circular i.e., Standard Operating Procedure dated: 25.09.2013 issued by police department. As per this SOP, the police have to follow certain procedures, while booking drink & drive cases. Sub-clause 13, 14 and 19 of the aforesaid circular are relevant, which are extracted as under:
13. The officer should politely inform him the offence he has committed by showing him the alcometer reading and place before him the legal options. The person is also informed about the procedures followed and that the Hon'ble Court is authority which decides the fine amount.
14. Under no circumstances, fine amount to be collected by the traffic police to pay it on behalf of the accused.
19. The entire drink & drive checking activity should be video graphed. If any person tries to misbehave or abuses the police, the officer should not loose his cool and indulge in argument with the person. It 25 C.C.No.24704/2019 is to be understood that a person under the influence of alcohol will not be in his sense and he will be irritable, argumentative and abusive. However, in case the person tries to physically assault the police, he should be restrained and the jurisdictional police should be called to the spot to take custody of the person and take further legal action in the matter.
32. In the present case, the accused were apprehended and they were taken to HSR layout traffic police station and thereafter, they were taken to Bellanduru police station in a Hoysala vehicle and thereafter, a case was registered against them. The prosecution has not produced any evidence before the Court to show that, the police have complied with Sub-clause 19 of the above referred SOP so as to say that, entire drink and drive checking activity was video graphed.
33. The prosecution contends that, the PW.1 has video graphed the incident, which was taken place inside the HSR layout traffic police station. As per Ex.P.3 seizure mahazer, the PW.1 produced 26 C.C.No.24704/2019 his MI mobile phone through which he had video graphed the incident. The video found therein was copied to CD by HC-6231- Manjunath//PW.16. In turn PW.16 copied the videos to 3 CD's and it was sealed with "BPS" alphabets. Those CD's were seized by drawing Ex.P.3 mahazer on 04.05.2019 at 4p.m to 5 p.m. Those CD's are marked as Ex.P.13 to 15 respectively. When those CD's were produced before the Court, the counsel appearing for the accused raised objections for marking them as exhibits as, it was not containing the seal of "BPS" thereon. But, those CD's were marked as Ex.P.13 to 15 subject to objection by holding that the accused has got an opportunity to cross examine the witness regarding those CD's.
34. In order to ascertain the correctness of Ex.P.3 seizure mahazer, this Court has played the CD's through laptop and it is found that the videos are saved as WhatsApp video dated:
23.02.2022. Those videos were copied to CD's on 23.02.2022 at 7p.m. There is no explanation as through which phone number 27 C.C.No.24704/2019 those videos were received through WhatsApp. It was not copied on 04.05.2019 as stated in Ex.P.3.
35. This court seen those videos through laptop, wherein it is found that the accused No.1 is abusing the police officials in Hindi in a filthy language and slapped a police personnel by snatching phone receiver from his hand. However, there are no documents on record to show that, those videos were recorded on 04.05.2019 and copied to CD's on the same day as stated in Ex.P.3 mahazer.
36. Moreover, the IO did not care to see the videos to know its contents, while seizing them. As seen in Ex.P.13 to 15, the videos were copied to CD's on 23.02.2022. Then how the PW.16 can issue certificate U/Sec.65[B] of Evidence Act on 04.05.2019 as per Ex.P.17 stating that he had copied the videos to CD's on 04.05.2019.
37. The PW.1 in his complaint has stated that he had sustained bleeding injuries to his cheeks and neck. According to PW.1, the accused No.1 beaten him with a plastic chair, pushed him and 28 C.C.No.24704/2019 beaten him with wooden log and hands all over the body. In Ex.P.5, there is no reference about any bleeding injury sustained by PW.1 to his cheek and neck. The Doctor/PW.14 did not notice any bleeding injuries on the face or on the neck of PW.1. The PW.1 neither in his complaint nor in his evidence has stated that he had sustained any injuries to his right great toe. However, the doctor noticed tenderness to his right great toe.
38. The PW.11 in his cross examination admits that, he has mentioned the injuries in the wound certificate as per the sayings of PW.1. It is the specific case of the prosecution that the accused No.1 and 2 found riding the motorcycle with high speed by consuming alcohol. But the PW.1 including PW.15 investigating officer admit that, they have not registered any case against the accused U/Sec.185 of Motor Vehicles Act for drink and drive case. This itself makes the court to doubt the genuineness of the case.
39. Moreover the PW.1, PW.3 and 5 did not video record the accused, while checking their breath though alcometer. In the 29 C.C.No.24704/2019 present case, the investigation officer has not produced any stock register of HSR Layout Traffic Police Station to show, what are the furniture's and devices supplied to the police station. The PW.2 in his cross examination has stated that their station house diary was manually maintained as on the date of alleged incident as, it was not computerized. But in the present case, the investigating officer has produced computerized station house diary, which is marked as Ex.P.11. That document is contrary to the version of PW.2.
40. Though the IO has produced certain photographs of broken chairs and damaged walky talky devices, the IO has not produced certificate U/Sec.65[B] of Indian Evidence Act to appreciate those photographs. The IO has produced 2 photographs of PW.1. They are not marked as exhibits for want of certificate U/Sec.65[B] of Evidence Act. In one of the photo's we can see left pocket of the uniform shirt of PW.1 was torn. But, the two pockets of MO.1 shirt are torn, which is produced before the Court. This makes the Court to doubt the case of the prosecution. 30 C.C.No.24704/2019
41. In the present case, only 3 independent witnesses are examined as PW.6, 7 and 9. The PW.6 in his evidence has stated that 2 persons were quarrelling with 3 police personnel in front of Ibbaluru Traffic Police Station at 12 a.m of 4.5.2019. But he has not identified the persons, who were quarrelling with the accused. During the course of cross examination, he has stated that he has not seen the persons, who were quarrelling with the police by under the influence of alcohol. The PW.7 in his evidence has stated that he has seen a person beating police personnel with helmet on 04.05.2019 at 1a.m. But, he has not identified the person, who had beaten the police personnel. The PW.9 has stated that one of the accused had beaten PW.1 with helmet and another accused beaten him with the wooden log. During the course of cross examination, he has stated that he has not seen the person, who was holding the wooden log and who was screaming inside the station.
42. In the present case, the PW.11 stated that he had collected blood and urine samples of the accused to know whether they 31 C.C.No.24704/2019 have consumed alcohol or not. According to PW.11, he had collected blood and urine samples and sent them to FSL, Madivala. In that regard, he has made an entry in the MLC register Extract. Those MLC Register Extracts are marked as Ex.P.6 to 8 respectively.
43. In Ex.P.6 and Ex.P.8, there is a reference stating that blood and urine samples collected and sent to FSL. But the PW.11 did not say that, he had sent those samples to FSL through Bellanduru Police. The PW.11 did not mention the transmission methods in Ex.P.6 and 8 to explain as to how, he had transmitted the samples to FSL. The PW.11 in his evidence has stated that he had sent the blood and urine samples to FSL on 04.05.2019 itself. But the PW.13 in his evidence has stated that the doctor gave the samples to them and in turn, they produced the samples before SHO. But the PW.12 did not say that, the doctor handed over the samples to them. When, he was partly treated as hostile witness and cross examined by Sr.APP, he admitted that, the doctor handed over the samples to them. In the present case, the IO was also partly 32 C.C.No.24704/2019 treated as hostile witness and cross examined by Sr.APP. The IO did not produce the so-called endorsement issued by PW.11 for having handed over the blood and urine samples in the hands of PW.12 and 13.
44. PW.17 is a Senior Scientific Officer of FSL, Bengaluru, who has stated that their office received blood and urine samples of Rahul Tripati and Aditya on 06.05.2019 and it was allotted to her on 08.05.2019. But Ex.P.18 report was issued on 22.09.2020. During the course of cross examination, the PW.17 admits that they will keep blood and urine samples in cold storage at -10 degree temperature. In order to give opinion about those samples, they require 2-3 days. According to PW.17 such samples can be kept in cold storage for a period of 3- 4 months, which can be continued for a period of 1 year.
45. According to PW.17, she has received the samples on 08.05.2019 and gave her report on 22.09.2020. The PW.17 being the Senior Scientific Officer admits that, they will not get required result if the samples are tested after a prescribed period. When 33 C.C.No.24704/2019 such being the case, the report or opinion given by PW.17 as per Ex.P.18 cannot be held as conclusive proof to hold that the accused had consumed alcohol on 04.05.2019.
46. Except the police officials no independent witnesses have supported the case of the prosecution. The evidence of police witnesses is not corroborative with the evidence of medical officer. Copying of Ex.P.13 to 15 CD's on 23.02.2022 itself creates doubt regarding the case of the prosecution. There are no documents on record to hold that Ex.P.13 to 15 CD's are copied on 04.05.2019 when Ex.P.3 mahazer was drawn. The Court did not notice any seal of "BPS" on Ex.13 to 15. All these aspects make the Court to doubt the case of the prosecution.
47. The IO did not estimate the loss, by obtaining stock register from HSR layout traffic police station. As stated by the prosecution, if the accused quarreled with police personnel while registering drink and drive case, they ought to have registered a case against them U/Sec.185 of Motor vehicles Act. Non 34 C.C.No.24704/2019 registration of such case against the accused creates doubt in the mind of the Court.
48. From the evidence led by PW.1 to 18, the allegations made against the accused will not be proved. From the evidence led before the court, the charges leveled against the accused will not be proved. Thus, the prosecution has failed to prove that, the accused beaten PW.1 with hands, helmet, wooden log, chair and caused injuries to him and deterred him, PW.3 and 5 from discharging their duties, abused them in a filthy language and caused loss to police department by destroying the furniture's and walky talky devices. In such circumstances, I answer point No.1 to 4 in Negative.
Point No.5: For the aforesaid reasons I proceed to pass the following:
ORDER By exercising the powers conferred U/Sec.248[1] of Cr.P.C., the accused No.1 and 2 are acquitted from the charges of 353, 332, 504, 427 r/w 34 of IPC and Sec.35 C.C.No.24704/2019
3 of Prevention of Damage to Public Property Act.
The bail bonds executed by the accused stands cancelled.
MO.1 to 3 being worthless, they are ordered to be destroyed after the appeal period. MO.4 is already released to the interim custody of its RC owner. That order is made absolute.
14.11.2022 [TATTANDA DAMAYANTI SOMAYYA] XLIADDL.METROPOLITAN MAGISTRATE BENGALURU 36 C.C.No.24704/2019 ANNEXURE LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
PW.1 : Ashok PW.2 : Nanjegowda PW.3 : Narayanappa PW.4 : Mahantesh PW.5 : Nagaraj PW.6 : Rudresh PW.7 : Bijay PW.8 : Sridhar PW.9 : Seenappa PW.10 : Shivalingappa PW.11 : Aravind PW.12 : Vrushabendra PW.13 : Ramesh PW.14 : V.Mylaswamy PW.15 : Venugopala PW.16 : Manjunath.N PW.17 : Dr.Shilpa PW.18 : Mahesh Logavi
LIST OF DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Complaint Ex.P.1[a] : Signature of PW.1 37 C.C.No.24704/2019 Ex.P.1[b] : Signature of PW.14 Ex.P.2 : Spot Mahazar Ex.P.2[a] : Signature of PW.8 Ex.P.2[b] : Signature of PW.15 Ex.P.3 : Seizure Mahazar Ex.P.3[a] : Signature of PW.15 Ex.P.3[b] : Signature of PW.16 Ex.P.4 : Report given by PW.10 Ex.P.4[a] : Signature of PW.15 Ex.P.5 : Wound Certificate of PW.1 Ex.P.5[a] : Signature of PW.11 Ex.P.5[b] : Signature of PW.15 Ex.P.6 to 8 : MLC Register Extracts Ex.P.9 : FIR Ex.P.9[a] : Signature of PW.14 Ex.P.10 : Photographs of bike Ex.P.11 : Extracts of Station House Diary Ex.P.12 : True copy of Duty Extract Ex.P.13 to 15 : CD's Ex.P.16 : Acknowledgment issued by FSL Ex.P.16[a] : Signature of PW.15 Ex.P.17 : Certificate U/s 65[B] of Evidence Act Ex.P.17[a] : Signature of PW.16 38 C.C.No.24704/2019 Ex.P.18 : FSL Report Ex.P.18[a] : Signature of PW.17
LIST OF MO'S MARKED FOR THE THE PROSECUTION:
M.O.1 : Uniform shirt M.O.2 : Wooden log MO.3 : Helmet MO.4 : Royal Enfield motor Cycle
LIST OF WITNESSES EXAMINED FOR THE ACCUSED :
NIL LIST OF DOCUMENTS MARKED FOR THE ACCUSED :
NIL ....................................................................................
Dictated on : 10/14.11.2022
Transcribed on : 14.11.2022
checked on : 14.11.2022
Signed on : 14.11.2022
[TATTANDA DAMAYANTI SOMAYYA]
XLI ADDL.METROPOLITAN MAGISTRATE
BENGALURU
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