Bangalore District Court
Jayanagara P.S vs A1 Punit Kumar Alias Pucchu Alias Punit on 25 April, 2024
KABC010213902022
IN THE COURT OF THE XXXVIII ADDL. CITY
CIVIL & SESSIONS JUDGE (CCH-39) AND
HOLDING CONCURRENT CHARGE OF
LVIII ADDL. CITY CIVIL & SESSIONS JUDGE
(CCH-59), BENGALURU CITY
DATED THIS THE 25TH DAY OF APRIL, 2024
PRESENT
Sri. SHIVAKUMARA B., B.A., LL.B.,
XXXVIII Addl. City Civil & Sessions Judge
(CCH-39) and also holding Concurrent Charge of
Court of LVIII Addl. City Civil & Sessions Judge,
(CCH-59), Bengaluru.
SESSIONS CASE NO.1467/2022
INFORMANT : The State of Karnataka,
Reptd., by Police Inspector,
Jaya Nagara Police Station,
BENGALURU.
(By learned Public Prosecutor)
-V/S-
ACCUSED : 1. Punit Kumar @ Pucchu @ Punit,
S/o Srinivasa, 23 years,
R/o # 202, Sri. Sai Enclave,
48th Cross, Poornaprajna layout,
Uttarahalli, BENGALURU City.
2 S.C.1467/2022
2. Nikil @ Koli,
S/o Gopal, 22 yr.,
R/o Anjanappa Compound,
Kuvempu Road,
Jaraganahalli, J.P. Nagara,
BENGALURU City.
3. Mahendra @ Maggi,
S/o Shivananda, 28 yr.,
R/o # 140, 8th Main,
Chandra Nagara,
Kumaraswamy layout,
BENGALURU City.
4. Mutturaj @ Muttu,
S/o late Ramu, 24 yr.,
R/o near Shiva Temple,
3rd Main, Banashankari Circle,
Kanakapura Main Road,
BENGALURU City.
5. Karthik SPLIT-UP
6. Muniraju,
S/o late Chinnappa, 26 yr.,
R/o # 135, 3rd Cross,
Gowdana Palya,
Uttarahalli Main Road,
BENGALURU City.
(A1 & A2 by Sri. M.L.; A3 & A6 by
Sri. C.K., & A4 by Sri. A.V.S.,
Advocates.)
3 S.C.1467/2022
Date of commission of alleged offence 21.11.2017
Date of report of alleged offence 21.11.2017
Date of arrest of accused:
A1 to A4: 22.11.2017
A5: ---
A6: (On anticipatory bail)
Date of release of accused on bail:
A1 to A4: 07.12.2012
Name of the informant Sri. P. Shivakumar, PSI
Nature of offences complained Sections 399 & 402 of IPC and
Section 25(1B)(a) of Arms Act, 1959
Date of committal of the case 27.06.2022
Date of receipt of the entire committal 04.08.2022
records & registration of this case
Date of commencement of recording of 21.11.2023
evidence
Date of closing of recording evidence 16.04.2024
Date of Judgment 25.04.2024
Opinion of the Judge Accused Nos.1 to 4 & 6
are not held guilty
Duration of the case Years Months Days
01 08 21
4 S.C.1467/2022
: JUDGMENT :
The Police Sub-Inspector of Jaya Nagara Police Station, Bengaluru City, has laid the chargesheet against accused Nos.1 to 6 for the offences punishable under Sections 399 & 402 of IPC and under Section 25, 27, 3 of Arms Act, 1959.
2. The brief facts in nut-shell of the case of prosecution is that on 21.11.2017 at around 9:00 p.m., in a secluded place belonging to BMRCL situated at 8 th Block, Jaya Nagara, Banashankari Circle, Kanakapura Main Road, within the jurisdiction of Jaya Nagara Police Station, accused Nos.1 to 6 have assembled together and they were preparing for committing dacoity by holding deadly weapons like two swords, two iron longs & and two knives in their hands in Tata Indica Car KA-05/AC-8383. Based on the credible information, CW1 - Police Sub Inspector of Jaya Nagara Police Station along with panch witnesses i.e., CWs 2 & 3 and his staff CWs 4 to 8, conducted raid and caught hold of accused Nos.1 to 4 5 S.C.1467/2022 and recovered deadly weapons by drawing mahazar at Ex.P2. However, accused Nos.5 & 6 ran away from the spot. Subsequently, CW1 brought accused Nos.1 to 4 to Police Station along with seized material objects and produced before SHO / CW9 along with report.
3. Based on the said report, CW9 has registered a criminal case in Crime No.393/2017 for the offences punishable under Sections 399 & 402 of IPC and under Section 25, 27, 3 of Arms Act, 1959, and sent FIR to the Court. He has followed the procedure of arrest and recorded the voluntary statements of accused Nos.1 to 4. He has also recorded the statements of CWs 2 to 9. After medical examination, he has produced the accused Nos.1 to 4 before the Learned Magistrate along with remand application. Accused Nos.1 to 4 were remanded to judicial custody. On subsequent date, accused Nos.1 to 4 were released on bail. Accused No.6 appeared before CW1 on 25.12.2017 along with anticipatory bail. CW1 subjected A6 to enquiry, recorded his 6 S.C.1467/2022 voluntary statement, followed procedure of arrest and released him on bail. After completion of investigation, CW9 has filed chargesheet against accused Nos.1 to 6 for the offences punishable under Sections 399 & 402 of IPC and Sections 25, 27, 3 of Arms Act, 1959, showing A5 absconding.
4. After submitting the charge sheet, the learned Magistrate has taken cognizance and registered a case. In response to the notice, accused Nos.1 to 4 & 6 appeared before the learned Magistrate through their respective counsels and they were enlarged on bail.
5. After securing all these accused and complying Section 207 of Cr.P.C., the learned Magistrate has committed this case for trial as the alleged offences are exclusively triable by the Court of Sessions against A1 to A4 & A6. After receipt of records, the Hon'ble Principal City Civil & Sessions Judge has made over the case to this Court for disposal in accordance with the law.
7 S.C.1467/2022
6. In response to the summons, accused Nos.1 to 4 & 6 appeared before this Court through their respective counsels. After hearing both the parties, being satisfied with the prima facie material on record, my learned predecessor-in-office has framed the charges against accused Nos.1 to 4 & 6 for the offences punishable under Sections 399 & 402 of IPC and Section 25(1B)(a) of Arms Act, 1959. When read over the same to accused Nos.1 to 4 & 6, they pleaded not guilty and claimed to be tried. Hence, the matter was posted for prosecution evidence.
7. To bring home the guilt of accused Nos.1 to 4 & 6, the prosecution got examined in all four witnesses as PWs 1 to 4 and produced five documents and got marked Ex.P1 to P5 and also identified six material objects and got marked as MOs 1 to 6. After closing the evidence of the prosecution, the statements of accused Nos.1 to 4 & 6 under Section 313 of Cr.P.C., were recorded. Accused Nos.1 to 4 & 6 have denied all the incriminating circumstances elicited from the 8 S.C.1467/2022 prosecution witnesses and they have not chosen to lead any defence evidence. Hence, the matter was posted for arguments on merits.
8. In view of the rival contentions made by both parties, the following points that would arise for my consideration are: -
1. Whether the prosecution proves beyond all reasonable doubt that on 21.11.2017 at around 9:00 p.m., in a secluded place belonging to BMRCL, situated at 8th Block, Jaya Nagara, Banashankari Circle, Kanakapura Main Road, Bengaluru City, accused Nos.1 to 4 & 6 along with split-up accused No.5 were assembled and making preparations by holding deadly weapons like swords, iron rods and knives with an intention to commit dacoity on the public and thereby committed an offence punishable under Section 399 of IPC?
2. Whether the prosecution further proves beyond all reasonable doubt that accused Nos.1 to 4 & 6 along with split-up accused No.5 were assembled in that particular spot for the purpose of committing dacoity on the public and thereby committed an offence punishable under Section 402 of IPC?9 S.C.1467/2022
3. Whether the prosecution further proves beyond all reasonable doubt that accused Nos.1 to 4 & 6 along with split-up accused No.5 were armed with deadly weapons like two swords, two long swords and two knives for the purpose of committing dacoity on the public and thereby committed an offence punishable under Section 25(1B)(a) of Arms Act, 1959?
4. What order?
9. I have heard the arguments on both sides and perused the materials placed on record.
10. My findings on the above points are as follows: -
POINT NO.1 - In the Negative
POINT NO.2 - In the Negative
POINT NO.3 - In the Negative
POINT NO.4 - As per final order,
for the following: -
: REASONS :
11. POINT Nos.1 to 3: Since all these points are inter linked with each other, they are taken up together for discussion, in order to avoid repetition of facts and evidence. 10 S.C.1467/2022
12. PW1 - Sri. K. Lokesh, PHC and PW2 - Sri. P. Shivakumar, Police Inspector of Jaya Nagara Police Station, have both deposed that on 21.11.2017 at around 8:40 p.m., they received credible information that in a secluded place belonging to BMRCL situated at 8th Block, Jaya Nagara, near Banashankari Petrol Bunk, some 5-6 persons have assembled and made preparations to commit dacoity armed with deadly weapons like rods & knives. Accordingly, PWs 1 & 2, CWs 4, 5, 7 & 8 went to the spot by securing panch witnesses CWs 2 & 3. They all reached the spot at around 9:00 p.m. They found six persons who were standing in dark by making preparations to commit dacoity. They surrounded said persons. However, two of them managed to escape from the spot. They searched A1 to A4 personally and found iron sword with A1, iron long with A2, iron long with A3 & iron sword with A4. Two persons who ran away from the spot have thrown two knives on the spot. On enquiry, A1 to A4 revealed their identity and also revealed the identity of other 11 S.C.1467/2022 two persons (A5 & A6) who ran away from the spot. CW1 drawn mahazar as per Ex.P2 under which seized said swords, rods & knives from the custody of A1 to A4. During the course of trial PWs 1 & 2 have identified A1 to A4 & A6 who were present before the Court. They also identified swords, rods & knives seized from the custody of accused which are marked as MOs 1 to 6. PW2 has also identified his signature on Ex.P2 - mahazar as per Ex.P2(b). Report submitted to SHO is marked as Ex.P3.
13. PW3 - Sri. Vikarm being panch witness for spot- cum-seizure mahazar - Ex.P2 has deposed that about three years back police took him to a place near Guttahalli, Jaya Nagara where police obtained his signature on the mahazar - Ex.P2. But he does not know its contents. Police have not arrested A1 to A4 & A6 in his presence and also not seized any articles in his presence. Thereby, PW3 has turned hostile to spot-cum-seizure mahazar - Ex.P2.
12 S.C.1467/2022
14. PW4 - Sri. Umamaheshwara, then Police Inspector of Jaya Nagara Police Station, has deposed that CW1 appeared before him in the Police Station along with report, mahazar (Ex.P2) and four accused persons along with seized weapons. He received the same and got registered criminal case in Crime No.393/2017 and submitted FIR to the Court as per Ex.P5. He also subjected seized weapons to PF No.221/2017. On the same day, he recorded statements of CWs 1 to 8. He has also subjected A1 to A4 for enquiry who were produced before him and recorded their voluntary statements. Then, he produced A1 to A4 before the Court. He deputed his staff for tracing A5 & A6 who absconded from the spot. Accused No.6 appeared before him on 25.12.2017 along with anticipatory bail. He subjected A6 to enquiry, recorded his voluntary statement, followed procedure of arrest and released him on bail. After completion of investigation, he has submitted chargesheet against A1 to A6, showing A5 absconding. During the course of trial, he 13 S.C.1467/2022 has identified seized weapons which are marked as MOs 1 to 6 and also identified accused Nos.1 to 4 & 6.
15. In this case, PWs 1 & 2 are official witnesses and they have deposed regarding apprehension of accused persons at the spot who were making preparations and assembled for the purpose of committing dacoity armed with deadly weapons. They also deposed regarding seizure of weapons from the custody of accused persons and also regarding spot-cum-seizure mahazar drawn by CW1. As per the version of PW4 - SHO, while he was on duty at Police Station, CW1 appeared before him and produced A1 to A4 along with seized weapons and also report and Ex.P2 - mahazar. On the basis of said report, he registered a criminal case against accused persons and subjected the seized weapons to Property Form, recorded statements of witnesses and also recorded voluntary statements of A1 to A4 and after completion of investigation submitted chargesheet.
14 S.C.1467/2022
16. It is significant to note that as per the version of PWs 1 & 2 before going to the spot they got issued notice to CWs 2 & 3 who were independent panch witnesses. On perusal of the ordersheet of this case it reveals that CW2 reported dead and as such, CW2 was dropped. Though, CW3 is examined before the Court as PW3, but he has not supported said spot-cum-seizure mahazar - Ex.P2 and turned hostile to it.
17. Thus, the evidence of PWs 1 & 2 is not supported by the evidence of independent panch witnesses i.e., CWs 2 & 3. PWs 1, 2 & 4 are police officers and their evidence is formal in nature. There is no corroboration to the evidence of PWs 1, 2 & 4.
18. It is not the case of the prosecution that at the time of alleged raid and recovery of MOs 1 to 6, except police officers, none of the independent witnesses were present. Even according to PWs 1 & 2, they conducted raid and 15 S.C.1467/2022 caught hold accused Nos.1 to 4 and seized MOs 1 to 6 in the presence of the CWs 2 & 3, independent panch witnesses. When such being the case, in the absence of evidence by panch witness i.e., CW3/PW3, solely based on the evidence of PWs 1, 2 & 4, police officers, it cannot be held that the prosecution has proved the charges leveled against accused Nos.1 to 4 & 6 beyond all reasonable doubt.
19. No doubt, as submitted by the learned Public Prosecutor, during the course of cross examination of PWs 1, 2 & 4, except denial, nothing is elicited whether there is any enmity between these accused persons and PWs 1 & 2, as they have falsely implicated the accused in this case. But, admittedly, this proceeding came to be initiated suo moto, at their own instance.
20. Even, according to the case of the prosecution, accused Nos.1 to 4 & 6 along with split-up accused No.5 were preparing to commit dacoity in the public place at around 9:00 p.m. When such being the case, in the absence of corroborative 16 S.C.1467/2022 evidence by independent witness, solely based on the evidence of these police officers PWs 1, 2 & 4, who are the interested witnesses, it cannot be held that, the prosecution has proved the guilt of accused Nos.1 to 4 & 6 beyond reasonable doubt. The prosecution has not placed any consistent & corroborative evidence to prove any of the charges leveled against accused Nos.1 to 4 & 6. Hence, it creates serious doubt about the involvement of accused Nos.1 to 4 & 6 in the alleged incident. Under these circumstances, in my considered view, the prosecution has failed to prove the guilt of accused Nos.1 to 4 & 6. Therefore, without any alternative, the benefit of doubt should be extended to accused Nos.1 to 4 & 6 and they are entitled for acquittal. In view of the aforesaid reasons, I answer point Nos.1 to 3 in the "Negative".
21. POINT NO.4: - In the result, for the reasons stated above, I proceed to pass the following: -
ORDER Acting under Section 235(1) of Cr.P.C., Accused Nos.1 to 4 & 6 are acquitted of the offences punishable under Sections 399 & 17 S.C.1467/2022 402 of Indian Penal Code and under Section 25(1B)(a) of Arms Act, 1959.The bail bonds of accused Nos.1 to 4
& 6 and their sureties stand cancelled.
The original record and also MOs 1 to 6 shall be retained till disposal of the split- up case registered against accused No.5. Dictated to the Stenographer Grade I, transcribed & computerized by him, revised, corrected, signed and then pronounced by me in the open Court on this the 25th day of April, 2024.
(SHIVAKUMARA B.) Holding Concurrent Charge of Court of LVIII Addl. City Civil & Sessions Judge (CCH-59), Bengaluru.
ANNEXURE
1. LIST OF WITNESSES EXAMINED FOR PROSECUTION:
P.W.1 K. Lokesh
P.W.2 P. Shiva Kumar
P.W.3 Vikaram
P.W.4 Umamaheshwara
18 S.C.1467/2022
2. LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION:
Ex.P.1 Photograph
Ex.P.2 Spot-cum-seizure mahazar
Ex.P.2 (a & b) Signatures
Ex.P.3 Report
Ex.P.3 (a & b) Signatures
Ex.P.4 Statement of PW3
Ex.P.5 F.I.R.
Ex.P.5(a) Signature
3. LIST OF WITNESSES EXAMINED & DOCUMENTS EXHIBITED FOR ACCUSED:
- NIL -
4. LIST OF MATERIAL OBJECTS PRODUCED AND GOT MARKED FOR PROSECUTION:
M.O.1, 4 Iron swords
M.O.2, 3 Iron longs
M.O.5, 6 Knives
C/c. LVIII ADDL. CITY CIVIL &
SESSIONS JUDGE (CCH-59)
BENGALURU CITY.
19 S.C.1467/2022
Judgment pronounced in the Open Court (vide separate judgment) ORDER Acting under Section 235(1) of Cr.P.C., Accused Nos.1 to 4 & 6 are acquitted of the offences punishable under Sections 399 & 402 of Indian Penal Code and under Section 25(1B)(a) of Arms Act, 1959.
The bail bonds of accused Nos.1 to 4 & 6 and their sureties stand cancelled.
The original record and also MOs 1 to 6 shall be retained till disposal of the split- up case registered against accused No.5.
(SHIVAKUMARA B.) C/c. LVIII ADDL. CITY CIVIL & SESSIONS JUDGE (CCH-59) BENGALURU CITY.