Bangalore District Court
State By Sampigehalli Police Station vs Nos. 1 Bharath S/O Late.Nagaraju on 13 December, 2022
KABC030571792019
IN THE COURT OF VII ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU.
Dated this the 13th day of December, 2022.
Present : Sri.Umesha H.K. B.A, LL.B.
VII Addl.C.M.M., Bengaluru.
JUDGMENT U/s 355 of Cr.P.C.
C.C.No.18083/2019
Complainant : State by Sampigehalli Police Station.
(By Sr.Asst.Public Prosecutor)
V/s
Accused Nos. 1 Bharath S/o late.Nagaraju,
27 years, (Abated)
Case against A1 is abated as per Order
dated : 26.04.2022.
2 Narasimha @ Katte S/o
late.Narasimhamurthy, 27 years,
R/at No.137, 2nd Cross, Near Maramma
Temple, Kogilu Village, Yelhanka,
Bengaluru.
3 Sunil @ Kariya S/o Eranna, 25 years,
R/at No.94, Poojamma Temple Road,
Kogillu Village, Bengaluru.
(By Sri.S.R.Raghavendra, Advocate)
2 C.C.No.18083/2019
Date of occurrence of offence 28.02.2019
Date of report of offence 02.03.2019
Name of the Complainant Sri.Vijaykumar
Date of commencement of recording evidence 17.11.2022
Date of closing of evidence 17.11.2022
Offences complained of U/s 324, 342, 365, 384 r/w
34 of I.P.C.
Opinion of the Judge Accused Nos.2 and 3
found not guilty.
Case against A1 is abated as per Order dated :
26.04.2022.
CW15 P.S.I. of Sampigehalli Police Station has
filed charge sheet against the accused Nos.1 to 3 for
the offences punishable U/s 324, 342, 365, 384 r/w
34 of I.P.C.
2. The brief facts of the prosecution case is as under :
It is alleged in the chargesheet that on
28.02.2019 within the jurisdiction of Sampigehalli
P.S, Agrahara Layout, near RBG.Bricks Factory when
CWs1 to 3 were standing near bricks factory at about
3.30 p.m., accused Nos.1 to 3 came there and forced
them to give money, when CW1 and 2 refused for the
3 C.C.No.18083/2019
same they took the CW2 in Autorickshaw and took
him to a remote place and again at 6.30 p.m., accused
Nos.1 to 3 demanded CW1 for money when he refused
for the same they assaulted the CWs1 to 3 and
caused simple injury and threatended to take away
their life and thereby accused have committed
offences punishable U/s 324, 342, 365, 384 r/w 34 of
I.P.C.
3. Upon the written information given by the
Complainant Crime was registered in Crime
No.40/2019, dated 02.03.2019 and investigation was
taken up. After the completion of the investigation, the
chargesheet was submitted against the accused for
the aforementioned offences.
4. This Court by perusing the chargesheet
materials acting U/s 190 (1) (b) of Cr.P.C, has taken
cognizance for the offences U/s 324, 342, 365, 384
4 C.C.No.18083/2019
r/w 34 of I.P.C., and registered the case as CC and
issued summons to the accused.
5. Thereafter, accused Nos.1 to 3 appeared
through their counsel and they are on Court bail.
Accused No.1 reported as dead. Hence, case against
accused No.1 abated as per Order dated 26.04.2022.
The prosecution papers were supplied to accused
Nos.2 and 3 as required U/s. 207 of Cr.P.C. After
hearing, the charge is framed against the accused to
which they pleaded not guilty and claims to be tried.
[\
6. The prosecution has examined P.W.1 to 3
who are Injured and eye witnesses and got marked
Ex.P.1 to 4 on its behalf. Since the material witness
i.e., PW1 to 3 have completely turned hostile to the
case of the prosecution, the prayer of Ld.Sr.APP to
issue summons to other witnesses was rejected and
evidence of other witness is dropped. Since there is no
incriminating evidence available against accused,
5 C.C.No.18083/2019
recording of Statement of accused U/Sec.313 of
Cr.P.C was dispensed.
7. Heard the arguments. Perused the
documents placed on record.
8. The points that arise for consideration is :
1. Whether the prosecution proves
beyond all reasonable doubt that
accused have committed an offences
punishable U/s 324, 342, 365, 384 r/w
34 of I.P.C..?
2. What order ?
9. The above points are answered as under :
Point No.1: In the Negative.
Point No.2: As per final order for the following :
REASONS
10. Point No.1 : The Prosecution in order to
bring home the guilt of the accused, Prosecution has
examined PW1 to 3 and got marked Ex.P1 to 4. PW1
who is the Injured/Complainant and Material witness
has completely turned hostile to his complaint
6 C.C.No.18083/2019
averments. He deposed before the Court accused has
not assaulted nor threatened them. He signed Ex.P1 &
2 about one and half years back at Sampigehalli
Police Station and he does not know the contents of
Ex.P1 & 2 and police have not read over the contents
of Ex.P1 and not drawn any mahazar in his presence
and he has not shown any place of incident to the
police.
11. The Ld.Sr.APP has crossexamined him at
length. Even during the crossexamination he deposed
he has not lodged any complaint as per Ex.P1 against
accused and police have not drawn mahazar in his
presence as per Ex.P2. During the crossexamination
Ld.Sr.APP has suggested regarding compromise among
themselves, he admitted the same, but he has
specifically denied that by compromising the matter
deposing false evidence.
7 C.C.No.18083/2019
12. PW2 and 3 who are also material witnesses
have completely turned hostile to the case of
prosecution and they have not stated anything about
the case of Prosecution. Even during the cross
examination by Ld.Sr.APP they have not supported
and they specifically denied about giving of Statement
as per Ex.P3 and 4. Nothing worth has been elicited
by prosecution to disbelieve the oral evidence of PW1
to 3.
13. Admittedly, except the hostile evidence of
PW1 to 3, there is nothing on record to show that
accused have committed the offences U/s 324, 342,
365, 384 r/w 34 of I.P.C. The evidence available on
record is not sufficient to come to conclusion that
accused have committed the offences. Therefore, this
Court is of the opinion that the Prosecution has
miserably failed to prove the alleged guilt of the
accused. Thus by extending the benefit of doubt in
8 C.C.No.18083/2019
favour of accused. I answer Point No.1 in the
Negative.
14. Point No.2 : In view of the discussion made
above accused found not guilty and hence I proceed to
pass the following :
ORDER
Acting under section 248(1) of Cr.P.C. the accused Nos.2 and 3 are hereby acquitted for the offences punishable U/s 324, 342, 365, 384 r/w 34 of I.P.C.
Bail bonds and surety shall stand cancelled after the appeal period is over.
Unmarked material objects which is registered under PR.No.55/2022 dated 09.12.2022 they are worthless property it is ordered to be destroyed after the appeal period is over as per law.
9 C.C.No.18083/2019(Dictated to the Stenographer, directly and computerized by him, revised, corrected and pronounced by me in the open Court on this 13 th day of December, 2022).
( UMESHA H.K ) VII Addl. C.M.M., Bengaluru.
ANNEXURES List of witnesses examined for the Complainant :
PW-1 Vijay Kumar, PW-2 John William, PW-3 Anand.
List of documents marked for the Complainant :
Ex.P-1 Complaint, Ex.P-2 Mahazar, Ex.P-3 and 4 Statements. List of witnesses examined for the Accused : NIL. List of documents exhibited for the Accused : NIL. List of material Object marked for Prosecution : NIL.
VII Addl. C.M.M., Bengaluru.
10 C.C.No.18083/2019