Bangalore District Court
State By Basavanagudi Women Ps vs Had Extra Marital Affairs on 13 April, 2022
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C.C.No.31204/2018
IN THE COURT OF THE XXXVII ADDL.CHIEF METROPOLITAN
MAGISTRATE, BANGALORE CITY.
Dated this the 13th day of April, 2022.
Present:Sri B.MOHAN BABU, B.A., L.L.B.,
XXXVII Addl. C.M.M., Bangalore.
C.C. No.31204/2018
JUDGMENT UNDER SEC.355 OF CR.P.C.,
1. Complainant: State by Basavanagudi women PS.
2. Accused: A1 Yathish N.A.,
Aged 35 years,
R/at Krishnappa layout,
Bhommanahalli,
Bangalore city.
3.Date of offence: 04052017.
4. Offences complained of: U/s. 498(A), 506 of IPC
5. Plea: Accused No.1 Pleaded not guilty.
6. Final Order: Accused No.1 is Acquitted.
7. Date of Order: 13042022.
*****
The PoliceInspector, Basavanagudi women Police Station,
Bangalore has filed this charge sheet against the accused for the
offences punishable U/s.498(A), 506 of IPC.
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2. The brief facts of the prosecution case are that:
That Cw1 got married to the Accused No.1 on 15122007 by
loving each other at Ganesha temple, Kadugodi as per customs and
same was registered in Sub registrar's office. Later after the marriage,
CW1 started residing with accused at No.G4, Sree Sai Garnet
Apartment, near Vinaya film theatre, JP nagar 8 th phase Kothanoor,
Bangalore and have two female children. Later CW1 came to know
accused had extra marital affairs, when CW1 questioned about the
act, accused assaulted on her. On 782018 accused left the house and
CW1 came to know accused is at BTM layout, when she visited him,
accused abused, assaulted her and criminally intimidated to take away
her life, if she complained to police thereby subjected her to cruelty
both by physically and mentally thereby accused have committed the
offences punishable under Sec. 498(A), 506 of I.P.C.
3. The accused No.1 was enlarged on bail. On receipt of charge
sheet, this court took the cognizance of the alleged offences and
furnished copy of the prosecution papers to the accused person.
Charge for the offences P/U/S.498(A) 506 of IPC. , were framed, read
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over and explained to the accused person. The accused person
pleaded not guilty and claimed to be tried.
4. The prosecution, in order to prove its case, has examined one
witness as PW1 and got marked two documents at Ex.P1 and P2. As
there were no any incriminating circumstances appeared against the
accused person, the recording of Statement of Accused persons as
required U/s. 313 of Cr.P.C., is dispensed with.
5. I have heard the arguments of learned Sr.APP., for the
prosecution and learned counsel for the accused. Perused the
materials available on record.
6. In order to prove the guilty against the accused, out of 08
witnesses, the prosecution has examined only one witness as PW1.
The CW1/PW1 Smt.Rani is the complainant. In her examinationin
chief, she deposed that accused No.1 is her husband. She deposed
that her marriage with accused No.1 was performed on 15122007.
She further deposed that herself and accused have obtained decree of
divorce. She further deposed that accused not subjected her to any
physical and mental cruelty. That there was only petty quarrel
between them with respect to family issues, for which she went to the
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police station, there the police have took some signature on
document. She identified the first information statement as per Ex.P1
and identified her signature therein as per Ex.P1(a) and identified the
spot Panchanama as per Ex.P2 and identified her signature therein as
per Ex.P2(a), but she pleaded her ignorance about the contents of
Ex.P1 and P2. At this stage, the learned Sr.APP sought permission to
treat this witness as hostile, permission was accorded to treat this
witness as hostile. Though this PW1 was cross examined by the
learned Sr.APP., with regard to the case of prosecution, for which, she
denied the same and nothing worth has been elicited.
7. On going through the materials on records, it goes to show
that the PW1 has completely turned hostile to the prosecution case
and she has not supported the case. During the course of cross
examination, she denied the suggestion made to her and she admitted
that the matter is compromised between her and accused and both of
them have obtained decree of divorce. The learned Sr.APP sought to
issue process against all the remaining witnesses, and hence, CW2 to
8 are dropped. But after going through testimony of PW1, I do not
find any incriminating evidence against the accused with regard to
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allegations made against him. When the victim already turned hostile,
no purpose would be served even if the remaining witnesses are
examined, as such the prayer was rejected. Since there is no
incriminating evidence against the accused, hence the statement of
accused U/s.313 of Cr.P.C., is also dispensed with. As said above the
victim herself has not supported the prosecution case so as to prove
the allegations against the accused, though the accused are charged
with heinous offence punishable under section U/s.498(A), 506 of
IPC. For want of evidence the accused is entitled for acquittal. For the
foregoing discussion, I am of the opinion that, the prosecution has
failed to prove the allegations against the accused persons for the
alleged offences beyond reasonable doubts. Consequently, I proceed
to pass the following:
ORDER
Acting Under Section 248(1) of Cr.P.C., accused No.1 is hereby acquitted for the offences punishable U/s.498(A), 506 of IPC.
The bail bond and surety bond of accused shall stands cancelled.
(Dictated to the Stenographer directly on the computer and print out taken 6 C.C.No.31204/2018 by her is verified, corrected & then pronounced by me in the Open Court dated this the 13th April, 2022).
(B.MOHAN BABU) XXXVII ADDL.C.M.M., BANGALORE. ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
PW1 : Smt.Rani LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:
Ex.P.1 : Complaint Ex.P.1(a) : Signature of PW1 Ex.P.2 : Spot mahzar Ex.P.2(a) : Signature of PW1
LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF THE PROSECUTION:
NIL LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENCE:
NIL LIST OF DOCUMENTS AND MATERIALS MARKED ON BEHALF OF THE DEFENCE .
NIL XXXVII ACMM., BANGALORE.7
C.C.No.31204/2018 13042022 Judgment. Judgment pronounced in open court (vide separately) ORDER Acting Under Section 248(1) of Cr.P.C., accused No.1 is hereby acquitted for the offences punishable U/s.498(A), 506 of IPC.
The bail bond and surety bond of accused shall stands cancelled.
XXXVII ACMM., B'lore. 8 C.C.No.31204/2018 9 C.C.No.31204/2018