Bangalore District Court
The State Of Karnataka Through vs Arun on 15 February, 2020
1
IN THE COURT OF XXIV ADDL. CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
DATED THIS THE 15th DAY OF FEBRUARY 2020
C.C. No.27341/18
Present: SRI. BALAGOPALAKRISHNA.
XXIV ADDL. C.M.M., BENGALURU.
COMPLAINANT : The State of Karnataka through
K.G.Nagar Police Station
(State by Sr. A.P.P.)
V/s.
Accused 1.Arun, s/o.M.Mani, 36 yrs, R/at.No.141,
2ndmain, Valmikinagar, Mysore road, Bangalore.
2. Aravindan.M, s/o.late.S.M.Mohanraj, 46 yrs,
R/at.No.30, 5th cross, Azadnagar, Bangalore.
3. Arunprasad @ Arun, s/o.late.N.Raja, 33 yrs,
R/at.No.30, Modaliyar compound, Azadnagar,
Chamarajpet, Bangalore.
4. Ravikumar @ Vicky, s/o.late.Raghupathi, 30
yrs, R/at.No.30A, Modaliyar compound,
Azadnagar, Chamarajpet, Bangalore.
5. Murugesh.P, s/o.late.R.Paramashivan, 36yrs,
R/at.No.94/15, 2nd cross, Valmikinagar,
Bangalore.
2
6. Nithyanandababu, s/o.late.Raja, 33 yrs,
No.30, Modaliyar compound, Azadnagar,
Chamarajpet, Bangalore.
7. Prakash, s/o.late.Ramaiah, 37 yrs,
R/at.No.30, Modaliyar compound, Azadnagar,
Chamarajpet, Bangalore.
8. Kishore, s/o.late.Venugopal, 26 yrs,
R/at.No.11, 2nd main, 4th cross, Valmikinagar,
Bangalore.
DATE OF COMMENCEMENT OF : 17/8/18
OFFENCE
DATE OF ARREST OF THE : Accused No.1 to 8 are on bail.
ACCUSED
OFFENCES ALLEGED : U/s.143, 147, 451, 385, 511 r/w.149
of IPC
DATE OF COMMENCEMENT OF : 14/02/20
EVIDENCE
DATE OF CLOSING OF : 14/02/20
EVIDENCE
OPINION OF THE JUDGE : Accused found not guilty
(Balagopalakrishna.)
XXIV A.C.M.M., BENGALURU.
JUDGMENT
The PSI of K.G.Nagar Police Station has filed charge sheet against accused for the offence punishable U/s.143, 147, 451, 385, 511 r/w.149 of IPC.
3
2. The case of the prosecution in brief is as under:
It is the case of the prosecution that, on 17/8/18 at about 3.30 pm., accused No.1 to 8 being a members of unlawful assembly having common object and in furtherance of the same, they were trespassed into the premises of T.R.Mill Private property at 5 th main road, Chamarajpet and threatened the shop owners situated in the said premises i.e., Amman Tyres, Geya Engineers and Contractor Pvt., Ltd., Ambika Aluminium company, Bill Tech Polymer Pvt., Ltd., Vinith Plywood, Sarvahitha Ayurvedalaya Pvt., Ltd., and Godown of Cherry Agency (shop of CW 5 to 14) and threatened them that they are belonged to MLA, his PA has sent him to collect rent of the said shops and threatened not to give any rent to the owner i.e., CW 1 and demanded details of rent agreement, owner etc., and obtained the same by accused No.2 and when he was coming out of the premises of T.R.Mill, the CW 1 questioned the accused persons 'who are you, why you are trespassed into the T.R.Mill premises and why you are threatening the tenants', at that time, the accused No.1 told that the PA of MLA sent them and insisted them to collect the rent of the said shops and thereby attempted to commit extortion money from the CW 1 and thereby accused has committed an offences punishable U/s.143, 147, 451, 385, 511 r/w.149 of IPC.
3. In pursuance of the complaint given by the complainant by name Sri.Purushotham, the Police have registered crime in 4 Cr.No.111/2018 for the offence punishable U/s.143, 147, 451, 385, 511 r/w.149 of IPC. After conclusion of the investigation, the Investigating Officer has filed charge sheet against the accused for the said offences.
4. This court has taken cognizance for the offence punishable U/s.143, 147, 451, 385, 511 r/w.149 of IPC and issued summons to the accused and accused are on bail.
5. The copy of the charge sheet and other material documents has been supplied to the accused as required U/s. 207 of Cr.P.C.
6. Heard before framing charge and charge was framed for the offence punishable U/s. 143, 147, 451, 385, 511 r/w.149 of IPC and read over and explained to the accused in the language known to them. Accused pleaded not guilty and claimed for trial.
7. In order to prove the case of the prosecution, the prosecution has got examined complainant as PW.1 and got marked Ex.P.1 to Ex.P.3. The prayer of the Sr. A.P.P. to issue summons to other charge sheeted witness has been rejected by this court on the ground that, PW.1 being complainant/victim/material witness have turned hostile to the case of the prosecution and no purpose would be served if the remaining charge sheeted witnesses are examined.
8. Since there was no incriminating evidence found in the evidence of prosecution, the statement as required U/Sec.313 of 5 Cr.P.C., is dispensed with. No defense evidence on the side of the Accused.
9. Heard both side.
10. The following point arises for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, on 17/8/18 at about 3.30 pm., accused No.1 to 8 being a members of unlawful assembly having common object and in furtherance of the same, they were trespassed into the premises of T.R.Mill Private property at 5th main road, Chamarajpet and threatened the shop owners situated in the said premises i.e., Amman Tyres, Geya Engineers and Contractor Pvt., Ltd., Ambika Aluminium company, Bill Tech Polymer Pvt., Ltd., Vinith Plywood, Sarvahitha Ayurvedalaya Pvt., Ltd., and Godown of Cherry Agency (shop of CW 5 to 14) and threatened them that they are belonged to MLA, his PA has sent him to collect rent of the said shops and threatened not to give any rent to the owner i.e., CW 1 and demanded details of rent agreement, owner etc., and obtained the same by accused No.2 and when he was coming out of the premises of T.R.Mill, the CW 1 questioned the accused persons 'who are you, why you are trespassed into the T.R.Mill premises and why you are threatening the tenants', at that time, the accused No.1 told that the PA of MLA sent them and insisted them to collect the rent of the said shops and thereby attempted to commit extortion money from the CW 1 and thereby accused has committed an offences punishable U/s.143, 147, 451, 385, 511 r/w.149 of IPC ?
6
2. What order?
11. My answer to the above points is as under;
Point No.1 In the Negative.
Point No.2As per final order for the following;
REASONS
12. POINT NO.1 :
The prosecution in order to prove the guilt against the accused, the complainant himself examined as PW.1, in his examination in chief itself he has turned hostile to the case of the prosecution denying that, on 17/8/18 at about 3.30 pm., accused No.1 to 8 trespassed into the premises of T.R.Mill Private property at 5 th main road, Chamarajpet and threatened the shop owners situated in the said premises i.e., Amman Tyres, Geya Engineers and Contractor Pvt., Ltd., Ambika Aluminium company, Bill Tech Polymer Pvt., Ltd., Vinith Plywood, Sarvahitha Ayurvedalaya Pvt., Ltd., and Godown of Cherry Agency (shop of CW 5 to
14) and threatened them that they are belonged to MLA, his PA has sent him to collect rent of the said shops and threatened not to give any rent to the owner i.e., CW 1 and demanded details of rent agreement, owner etc., and obtained the same by accused No.2 and when CW 1 questioned the accused persons about the illegal act, at that time, the accused No.1 told that the PA of MLA sent them and insisted them to collect the rent of the said shops and thereby attempted to commit extortion money from the CW 1, but deposed that, since there was trivial dispute among him and the accused he has given complaint, same is 7 marked at Ex.P.1 and signature at Ex.P1(a) and claimed his ignorance to say the contents of the same. He further denied that as shown by him, the police were drawn mahazar in his presence, but admitted his signature found on the mahazar, same is marked at Ex.P.2 and signature at Ex.P2(a) and claimed his ignorance to say the contents of the same.
At request of learned senior APP this witness has been treated as hostile witness and permission was accorded to cross examine him. In the cross examination the learned Sr.APP suggested the case of the prosecution same is denied by the witness. In view of the above facts and circumstances this court has denied to issue summons to other charge sheeted witness since no purpose will be served.
13. On the basis of the above evidence of PW.1 the court cannot come to conclusion that, on 17/8/18 at about 3.30 pm., accused No.1 to 8 trespassed into the premises of T.R.Mill Private property at 5 th main road, Chamarajpet and threatened the shop owners situated in the said premises i.e., Amman Tyres, Geya Engineers and Contractor Pvt., Ltd., Ambika Aluminium company, Bill Tech Polymer Pvt., Ltd., Vinith Plywood, Sarvahitha Ayurvedalaya Pvt., Ltd., and Godown of Cherry Agency (shop of CW 5 to 14) and threatened not to give any rent to the owner i.e., CW 1 and demanded details of rent agreement, owner etc., and obtained the same by accused No.2 and when CW 1 questioned the accused persons, at that time, the accused No.1 told that the PA of MLA sent them and insisted them to collect the rent of the said shops 8 and thereby attempted to commit extortion money from the CW 1. If really there was any incident, definitely the PW.1 should have given evidence on par with the avernments made in the complaint. Here the PW.1 turned hostile, in the cross examination he has categorically admitted that, he and accused have compromised the matter. That is the reason why PW.1 has not given any evidence supporting the case of the prosecution. Under such circumstances the prosecution has utterly failed to prove the guilt against the accused and in my opinion it is a fit case to extend benefit of doubt to the accused. Accordingly point under reference answered in the Negative.
14. POINT NO.2 :
For the aforesaid reason and discussion, I proceed to pass the following:
ORDER Acting under section 248(1) of Cr.P.C. Accused No.1 to 8 are hereby acquitted for the offence punishable U/s.143, 147, 451, 385, 511 r/w.149 of IPC. They are set at liberty.
The bail bond executed by the accused No. 1 to 8 are stands cancelled. However, Accused shall execute personal bond of Rs.50,000/ each by undertaking to appear before the appellate Court, if any appeal is filed. It is not a fit case to award victim compensation as provided U/s.357(1) of Cr.P.C.
(Dictated to the stenographer, script transcribed by her and then corrected directly on computer and 9 then pronounced by me in open court on this the 15th day of February 2020).
(Balagopalakrishna) XXIV A.C.M.M., BENGALURU.
ANNEXURE Witnesses examined for the Prosecution:
PW1 : Purushotham
Documents marked for the Prosecution:
Ex.P1 : Complaint
Ex.P1(a) : Signature
Ex.P2 : Spot mahazar
Ex.P2(a) : Signature
Ex.P3 : Statement of PW 1
Witnesses examined for the accused: NIL
Documents marked for the accused: NIL
(Balagopalakrishna)
XXIV A.C.M.M., BENGALURU.