Bangalore District Court
Nataraj vs Subhash on 22 January, 2026
KABC030259132024
IN THE COURT OF VII ADDL.CHIEF JUDICIAL
MAGISTRATE, BENGALURU.
Dated this the 22nd day of January, 2026.
Present : Sri.Puttaraju., B.A.,LLB.
VII Addl. C.J.M., Bengaluru.
JUDGMENT U/s 355 of Cr.P.C
C.C. NO. 41717/2024
Complainant : State by Kodigehalli Police Station.
(By Sr.Asst. Public Prosecutor)
V/s
Accused Nos. 1 1. Subhash,
S/o Muniswamy,
Aged about 25 years,
No-2159, 11th Cross,
Sanjeevini Nagara,
Bengaluru.
2. Sanjay,
S/o Muniswamy,
Aged about 27 years,
No-2159, 11th Cross,
Sanjeevini Nagara,
Bengaluru.
2 C.C. NO. 41717/2024
Date of occurrence of offence 20.04.2023
Date of report of offence 28.04.2023
Name of the Complainant Nataraja K N
Date of Commencement of 07.01.2026
recording Evidence
Date of Closing of Evidence 07.01.2026
Offences complained of U/sec. 380,427, 448, 201
r/w 34 of IPC.
Opinion of the Judge Accused are not
found guilty.
The PSI of Kodigehalli Police Station has filed
charge sheet against the accused persons for the
offences punishable U/sec.380,427, 448, 201 r/w 34
of IPC.
2. Brief case of the prosecution is as under :
It is alleged in the charge sheet that, on 20-04-
2023 during night hours accused -1 and 2 committed
lurking house tress-pass into CW.1's Sheet House by
breaking the wall situated within the jurisdiction of
Kodigehalli Police Station with a dishonest intention
committed theft of C.C. camera, DVR. Monitor and
3 C.C. NO. 41717/2024
Wi-Fi, which was installed in CW.1's property. Again
accused have cut off the electricity connection at
CW.1's Sheet house thereby caused loss to the tune of
1,50,000/- to CW.1 and thereby accused have
committed the offences punishable U/sec.380,427,
448, 201 r/w 34 of IPC.
3. After receipt of first information by CW-1,
Crime was registered in Crime No.119/2023, dated
28.04.2023 and investigation was taken up. After
completion of investigation, the charge-sheet was
submitted against the accused for the aforementioned
offences.
4.Accused-1 & 2 are on court bail. Charge sheet
materials supplied as per provisions U/s 207 of
Cr.P.C. Heard on both side, charge is framed and read
over for which he pleaded not guilty and claims to be
tried.
4 C.C. NO. 41717/2024
5. The prosecution has examined P.W.1 and
got marked Ex.P.1 and 2 on its behalf. Since, PW-1
has completely turned hostile prayer of Ld.Sr.APP for
issuance of summons to other witness was rejected.
As there is no incriminating evidence available against
the accused, recording of Statement U/s 313 of
Cr.P.C., is dispensed.
6. Heard the arguments and perused the
materials on record.
7. The points that arise for consideration are :
1. Whether the prosecution has proved
beyond all reasonable doubt that
accused have committed the offences
U/sec.380,427, 448, 201 r/w 34 of
IPC. ?
2. What order ?
8. The above points are answered as under :
5 C.C. NO. 41717/2024
Point No.1: In the Negative.
Point No.2: As per final order for the following :
REASONS
9. Point No.1 :
That on 20-04-2023 during night hours accused
-1 and 2 committed lurking house tress-pass into
CW.1's Sheet House by breaking the wall with
dishonest intention committed theft of C.C. camera,
DVR. Monitor and Wi-Fi, which was installed in
CW.1's property. Again accused have cut off the
electricity connection at CW.1's Sheet house thereby
caused loss to the tune of 1,50,000/- to CW.1.
10. In order to prove the guilt of the accused, the
prosecution has examined PW.1, who being the
complainant during the course of chief-examination
has completely turned hostile and stated that he does
not know the contents of Ex.P1 and 2. He signed on
6 C.C. NO. 41717/2024
Ex.P1 and 2 at Police Station. Accused have neither
tress-passed into his house nor caused any loss or
stolen anything. There was a civil dispute between
him and accused. The learned Sr.APP has cross-
examined him at length. Even during the cross-
examination nothing worth has been elicited to
disbelieve the version of PW.1. The learned Sr.APP
suggested regarding compromise, though PW.1
admitted, but he denied that by compromising the
matter deposing false evidence .
11. Except hostile evidence of PW.1, there is
nothing on record to show that accused have
committed the offenses as alleged in the charge sheet.
As such benefit of doubt will have to be extended in
favour of accused. Hence, for the above reasons. I
answer Point No.1 in the Negative.
12.Point No.2 : In view of the above discussion,
accused found not guilty and hence, I proceed to
pass the following :
7 C.C. NO. 41717/2024
ORDER
Acting U/s 248 (1) of Cr.P.C. the accused -1 and 2 are hereby acquitted of the offences punishable U/sec.380,427, 448, 201 r/w 34 of IPC.
Bail bonds of accused and their surety bonds stand cancelled after six months from today.
(Dictated to the Stenographer directly on the computer and typed by her corrected and pronounced by me in the open Court this the 22 nd day of January, 2026) Digitally signed by PUTTARAJU ( PUTTARAJU ) PUTTARAJU Date: VII Addl. C.J.M., Bengaluru.
2026.01.22
16:13:03
+0530 ANNEXURES
List of witnesses examined for the Complainant :
PW.1 Nataraj List of documents marked for the Complainant :
Ex.P.1 Complaint
Ex.P.2 Spot Mahazar
8 C.C. NO. 41717/2024
List of witnesses examined for the Accused Nil.
List of documents exhibited for the Accused Nil. List of Material Object marked for Nil. prosecution VII Addl.C.J.M., Bengaluru.
9 C.C. NO. 41717/2024Judgment pronounced in the open court.
(vide separate order):
ORDER Acting U/s 248 (1) of Cr.P.C. the accused -1 and 2 are hereby acquitted of the offences punishable U/sec.380,427, 448, 201 r/w 34 of IPC.
Bail bonds of accused and their surety bonds stand cancelled after six months from today.
7Th ACJM, Bengaluru.11 C.C. NO. 41717/2024 12 C.C. NO. 41717/2024