Bangalore District Court
State By J.P. Nagar Police Station vs No. 1- Karthik on 11 January, 2023
1 C.C.No.4334/2020
KABC030205632020
IP
NAIK
Digitally signed
IN THE COURT OF THE 30 ADDL.CHIEF by I P NAIK
th
METROPOLITAN MAGISTRATE, BENGALURU Date: 2023.01.12
14:13:53 +0530
Dated: This the 11th day of January, 2023.
:Present: Sri.I.P.Naik, B.A.L., LL.B.,
30th ACMM, Bengaluru
C.C.No. 5334/2020
Date of Offence 17.08.2016
Complainant: State by J.P. Nagar Police station.
-V/s-
Accused No. 1- Karthik,
S/o.Kannan,
Aged about 23 years,
R/at. No.139, Pipeline Road,
Near Ragi Machine,
13th Cross Road,
Bengaluru City.
2- Shridhar, (Split up)
3- Madhu (Split up)
(Case against A2 & A3 is split
up)
Offences U/s.143, 144, 147, 148, 365,
342, 323, 324 r/w. 149 of IPC.
Plea recorded On 12.07.2022.
2 C.C.No.4334/2020
313 Statement recorded on: On 21.12.2022.
Final order Accused No.1 is Acquitted
Date of Order 11.01.2023
******
JUDGMENT
The PSI of JP Nagar, Police Station has filed charge sheet against accused person for the offences punishable U/s.143, 144, 147, 148, 365, 342, 323, 324 r/w. 149 of IPC.
2. The brief facts of the prosecution case are as follows:
It is alleged that, at Oxford College Play ground, 1st Main, 1st Phase, JP Nagar, within the territorial limits of JP nagar Police station, on 17.08.2016, at about 2.30pm in the afternoon times CW5-Vivek and CW2 sitting in the said ground and exchanging their thoughts, at that time accused No.1 to 5 in furtherance of your common intention, formed unlawful assembly and came in two Axis Scooter and one Honda Dio Scooter joined the unlawful assembly for committed rioting with deadly weapons, hold the collar of CW1 and forcibly kidnapped him. Then they went to Puttenahalli Lake, accused No.1 to 5 wrongfully confined CW1 at the mid of the lake over 3 C.C.No.4334/2020 night, assaulted CW1 with steel hands on his head, assaulted CW1 with iron rod on his left thigh and left hands and caused simple injuries and insisted him to call one Pagal, if he did not call the said Pagal, they have threatened him that they will not leave him. At night times, they hae wrongfully confined CW2 during night times and other accused have assaulted on CW2 and caused simple injury. At about 8.30pm on 18.08.2016 accused have allowed the CW2 to escape. Hence, accused are charge sheeted.
3. In this regard, father of the CW2 by name Puttappa, lodged the complaint before the CW16-PSI-Renuka. Based on the first information statement CW16 registered the case in Cr.No.433/2016 and forwarded the FIR to this court. Thereafter, rushed to spot and conducted SO mahazar in the presence of the witnesses. On 14.12.2016, she has deputed CW9 to CW15 for search caught hold the accused persons. Accordingly, they have caught hold the accused No.1 to 5 and produced them before the CW11. During interrogation accused voluntarily given statement in respect of commission of the offence, spot and use of weapons. Based on the information 4 C.C.No.4334/2020 collected from the accused persons CW16 is escorted the accused persons and went to spot and drawn mahazar in the presence of CW6 and CW7 and recovered 11 articles and reported to this court under P.F.No.409/2016. Thereafter, accused produced before this court, interrogated and recorded the statement of CW2 to CW5. After completing the other formalities CW16-PSI submitted charge sheet against the accused persons.
4. By considering charge sheet and other materials, this court taken cognizance and ordered for registering of the case against the accused No.1 to 5. As per the orders of this court case is registered against accused No.1 to 5 in C.C.No.3241/2018 in the said case, accused No.1 to 3 appeared before this court. Accordingly, this court ordered to split up the came and register separate case against the accused No.1 to 3.
5. Meanwhile repeatedly issued Summons, NBW and Proclamation inspite of that, police have not secured accused No.1 to 4. Finally, on 15.6.2020 accused No.1 is arrested and 5 C.C.No.4334/2020 produced before me in Home Office. They are remanded to JC with direction to produce the accused produce before the Open Court on 14.6.2020. After the accused No.2 applied for Bail. Accused No.1 is released on bail. Thereafter, accused No.2 fails to appear before this court. Hence, accused No.1 not applied for bail. As per the orders passed by this court on 12.7.2021, case against accused No.2 & 3. ordered to split up and register separate case in C.C.No.2526/2023.
6. The charge is framed, contents of charge have been read over and explained to the accused persons in the language known to them, they pleaded not guilty and claimed to be tried, hence, the prosecution is called upon to prove its case.
7. In order to prove the guilt of the accused person, prosecution has examined 6 witnesses as PW1 to PW6 and no documents as Ex.P.1 and P.2. In case, if the remaining witnesses are examined, no purpose will be served. Hence, prayer of the learned Sr.APP is rejected and other remaining witnesses are dropped. Further, recording of statement of accused U/s.313 of Cr.P.C is dispensed with. 6 C.C.No.4334/2020
8. Heard both the side and perused the material evidence on record.
9. Thereafter, Statement of the accused U/s.313 of Cr.P.C. is recorded. Accused have denied the incriminating evidence and not chosen to lead evidence, no documents are got marked on their behalf.
10. The following points would arise for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, on 17.08.2016, at about 2.30pm in the afternoon when CW-1 was speaking with CW5 at Oxford College Play ground, 1st Main, 1st Phase, JP Nagar, at that time, in furtherance of the common object accused No.1 to 5 formed unlawful assembly and thereby have committed an offence punishable U/s.143 r/w. 149 of IPC., within my cognizance.?7 C.C.No.4334/2020
2. Whether the prosecution further proves beyond reasonable doubt that, on the same day, time and place, in furtherance of the common object accused persons became members of the said unlawfull assembly and thereby have committed an offence punishable U/s.144 r/w. 149 of IPC., within my cognizance.?
3. Whether the prosecution further proves beyond reasonable doubt that, on the same day, time and place, in furtherance of common intention, accused persons committing rioting with deadly weapons and thereby committed an offence punishable U/s.147, 148 r/w. 149 of IPC., within my cognizance?
4. Whether the prosecution further proves beyond reasonable doubt that, on the same day, time and place, in furtherance of common intention, accused have kidnapped CW-1 and thereby have committed an offence 8 C.C.No.4334/2020 punishable U/s.365 r/w. 149 of IPC., within my cognizance.?
5. Whether the prosecution further proves beyond reasonable doubt that, on the same day, time and place, in furtherance of common intention, accused persons wrongfully confined CW-1 in room and thereby have committed an offence punishable U/s.342 r/w. 149 of IPC., within my cognizance.?
6. Whether the prosecution further proves beyond reasonable doubt that, in furtherance of common intention, on the same day, time and place, accused persons have voluntarily assaulted to CW-1 with hands, iron rods, kicked with legs and caused simple injury and thereby committed an offence punishable U/s.323, 324 r/ w. 149 of IPC., within my cognizance.?
7. What Order?9 C.C.No.4334/2020
11. 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 : IN THE NEGATIVE
Point No.5 : IN THE NEGATIVE
Point No.6 : IN THE NEGATIVE
Point No.7 : As per final order
..................... for the following.., REASONS
12. Point No.1 to 6:- All offence occurred in single incident in order to avoid repetition of facts and reasons, all points are taken together for common discussion.
13. In this case, most important witnesses is PW5 Nikhil, he stated that, some unknown persons came to Oxford College ground on 17.6.2016, and inquired about Pagal. During interrogation, he stated that, he is not aware about Pagal, at that time, they have assaulted on him with club. Further, he has turned hostile to the prosecution, in respect of 10 C.C.No.4334/2020 identification of accused No.1 who have assaulted on him and who are the police who have drawn the mahazar in his presence. In this regard, learned Sr.APP has cross-examined this witnesses, but nothing worthy evidence is elicited from his mouth.
14. In this case, the very important aspect is that Pw5 has not identified the accused No.. Further, he totally deposed against the prosecution case.
15. PW4-Puttappa who is none other than the father of PW5 stated that, on 17.8.2016, at about 1.00pm his son went outside, but he has not returned back, on the next day, eh came to the house and stated that, accused No.1 had kidnapped him. In this regard, he has lodged the complaint.
16. PW1-Lakshmi Narayana stated that, on 18.08.2018 at about 7.05pm, PW5 Nikhil was admitted to the Jayanagara General Hospital for treatment with history of assault. He was escorted by the HC-1261. On examination, he has found that, PW5 had sustained injuries in the alleged assault cited below:- 11 C.C.No.4334/2020
1.Bruise over left lateral side of thigh of size 2 X 6cm
2.Abrasion over left side of thigh of size 2 X 4cm.
3.pain and swelling of right sculptor region.
17. Further, he opined that, if any person is got assaulted with steel rod, he may sustained injuries cited in the wound certificate.
18. PW1-Smt. Renuka, Investigating officer of this case, she stated that, on 18.1.2016, based on the complaint lodged by the PW1, she has registered the case against the accused persons and rushed to the spot and conducted the SO mahazar in the presence of witnesses on 14.12.2016, she had deputed her staff for search and caught hold of the accused persons. Accordingly, CW9 to 13 caught hold the accused persons and produced them before her. During interrogation, accused voluntarily stated inrespect of commission of the offence and shown the place of incident and weapons. Accordingly, accused is escorted to the concealed place of incident, weapons are recovered by drawing mahazar and reported to this court under 12 C.C.No.4334/2020 P.F.No.409/2016. Thereafter, she has produced accused No.1 persons before the court. Thereafter, recorded the statement of CW2 to CW5.
19. PW2-Smt. Savithri who is PSI of the Puttenahalli Police Station, she has submitted charge sheet against the accused persons.
20. PW6-HC-Ambarish stated that, on 14.12.2016 PSI of JP Nagara deputed CW10 to 15 of this case, along with him and search and caught hold the accused persons. Based on the credible information, caught hold the accused persons at house situated at JP Nagar 1st Phase and produced before the IO.
21. In this case, oral testimony of PW5 is very important he has not supported the prosecution case, his evidence in respect of inquiry about Pagal and assaulted with him and assaulted by unknown person. He has failed to identify the accused No.1. The oral testimony of PW4 is hear say witnesses. Therefore, the testimony of PW4 requires corroboration of PW5, but PW5 not supported the prosecution case. The oral testimony of PW4 is 13 C.C.No.4334/2020 weak to prove the guilt of accused No.1 inrespect of kidnapping and assault on PW5.
22. The oral testimony PW1 to PW3 and PW6 relates in respect of relates to investigation and treatment to PW5. In the case, main witnesses has not supported to prosecution case, it is fatal to the prosecution case. Under such circumstances, it is held that prosecution utterly failed to prove the guilt of the accused persons. Accordingly, Point No.1 to 6 is answered in the Negative.
23. Point No.7: In view of the Negative findings on the above point No.1 to 6, I proceed to pass the following:-
ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused No.1 is acquitted of the alleged offences punishable U/s.143, 144, 147, 148, 365, 342, 323, 324 r/w. 149 of IPC.
The bail bond of accused person and surety extended for further 6 months in order to comply Sec.437 (a) of Cr.P.C. Thereafter, this bail bond automatically stands cancelled.14 C.C.No.4334/2020
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
(Dictated to the Stenographer and after corrections made by me and then pronounced by me in the Open Court on this the 11th day of January, 2023).
(I.P Naik.) 30 th A.C.M.M., B'lore.
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION:
P.W. 1 : Smt. Renuka
P.W. 2 : Smt. Savithri
P.W. 3. : Lakshmi Narayana
P.W. 4. : Kuttappa
P.W.5 : Nikhil
P.W.6 : Ambarish
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION:
NIL
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE:
NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (I.P.Naik) 30th Addl.C.M.M., B'lore.15 C.C.No.4334/2020
Judgment pronounced in Open Court vide separate:-
ORDER The Powers confirmed upon me U/s.248(1) of Cr.P.C. accused No.4 & 5 is acquitted of the alleged offences punishable U/s.143, 144, 147, 148, 365, 342, 323, 324 r/w. 149 of IPC.
The bail bond of accused person and surety extended for further 6 months in order to comply Sec.437 (a) of Cr.P.C. Thereafter, this bail bond automatically stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
(I.P.Naik) 30th Addl.C.M.M., B'lore.16 C.C.No.4334/2020
JUDGMENT The PSI of J.P. Nagar Police Station has filed charge sheet against the accused No.1 to 5 for the offences punishable U/s.143, 144, 145, 147, 148, 427, 188 r/w. 149 of IPC. and U/s. Col-2 of KPPDL, Act 1981.
2. The brief facts of the prosecution case are as follows:
It is alleged that, CW1 is working as Manager in Adiyar Anand Bhavan Sweets India Pvt Ltd., and A2B, at No.154/10, Bannerghatta Road, Bilekahalli Village, JP Nagara, within the territorial limits of JP Nagar Police Station, and on 12.09.2016, due to dispute of cauvery water, inspite of imposing of 144 Section in the city by the State Government, accused persons in furtherance of the common intention have formed unlawful assembly, to commit offence and in furtherance of your 17 C.C.No.4334/2020 common intention, accused persons have joined unlawful assembly to commit offence of rioting with deadly weapons and have became members, joined and continued to be in the unlawful assembly, to commit offence of rioting with deadly weapons, inspite of knowing that, it has been commanded for disperse and have became members of the unlawful assembly and commit offence of rioting with deadly weapons and to commit offence of rioting with deadly weapons and in furtherance of your common intention, have broken the main door with glasses, chats counter glass, chairs, tables, coffee counter, name plate of the shop electrical light and caused loss of Rs.6/- Lakhs and have shown disobedience to order duly promulgated by public servant and have destroyed the public properties by violating the rules and thereby committed an offence punishable under Section Col.2 of the PDPP Act-1981 and thereby accused has committed alleged offences. In this regard, CW1 lodged complaint before the jurisdictional police.
During the course of investigation, I.O. visited the place of incident, drawn spot mahazar in the presence of the witnesses, recorded the statement of witnesses and after completion of 18 C.C.No.4334/2020 investigation filed charge sheet against accused persons for the aforesaid offences.
3. On the basis of charge sheet and other materials cognizance taken and case is registered against accused persons.
4. The copies of the prosecution papers have been furnished to the accused persons as required under Sec.207 of Cr.P.C.
5. During trial, Accused No.3 is present. Accused No.1, 2 & 5 remained absent before this court. Hence, case against accused No.1, 2 and 5 is ordered to be split up and register separate case against the accused them in C.C.No.22526/2022. Accused No.4 is in JC, his presency is secured by issuing body warrant.
6. The charge is framed, contents of charge have been read over and explained to the accused No.3 & 4 in the language known to them, they pleaded not guilty and claimed 19 C.C.No.4334/2020 to be tried, hence, the prosecution is called upon to prove its case.
7. In order to prove the guilt of the accused persons, prosecution has examined 3 witnesses as PW1 to PW3 and no documents is got marked. In order to secure other witnesses issued Summons, NBW and Proclamation. But the concerned police failed to secure these witnesses. Finally this court opined that there is no meaning in reissuing of Summons, NBW and Proclamation. Accordingly, prayer of learned Sr.APP is rejected and remaining witnesses are dropped.
8. Thereafter, Statement of the accused No.3 & 4 U/s.313 of Cr.P.C. is recorded. Accused have denied the incriminating evidence and not chosen to lead evidence, no documents are got marked on their behalf.
9. Heard both the side and perused the material evidence on record.
10. The following points would arise for my consideration:20 C.C.No.4334/2020
1. Whether the prosecution proves that, accused persons, CW1 is working as Manager in Adiyar Anand Bhavan Sweets India Pvt Ltd., and A2B, at No.154/10, Bannerghatta Road, Bilekahalli Village, JP Nagara, within the territorial limits of JP Nagar Police Station, and on 12.09.2016, due to dispute of cauvery water, inspite of imposing of 144 Section in the city by the State Government, accused persons in furtherance of the common intention have formed unlawful assembly, to commit offence and thereby committed an offence punishable under Section 143 r/w. 149 of IPC, within my cognizance.?
2. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, accused persons have joined unlawful assembly to commit offence of rioting with deadly weapons and thereby committed an offence punishable under Section 144 r/w. 149 of IPC, within my cognizance.?21 C.C.No.4334/2020
3. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, have became members, joined and continued to be in the unlawful assembly, to commit offence of rioting with deadly weapons, inspite of knowing that it has been commanded for disperse and and thereby committed an offence punishable under Section 145 r/w. 149 of IPC, within my cognizance.?
4. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, have became members of the unlawful assembly and commit offence of rioting with deadly weapons and thereby committed an offence punishable under Section 147 r/w. 149 of IPC, within my cognizance.?
5. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, have became 22 C.C.No.4334/2020 members of the unlawful assembly and commit offence of rioting with deadly weapons and thereby committed an offence punishable under Section 148 r/w. 149 of IPC, within my cognizance.?
6. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, have broken the main door with glasses, chats counter glass, chairs, tables, coffee counter, name plate of the shop electrical light and caused loss of Rs.6/- Lakhs and thereby committed an offence punishable under Section 427 r/w. 149 of IPC, within my cognizance.?
7. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, have shown disobedience to order duly promulgated by public servant and thereby committed an offence punishable under Section 188 of IPC, within my cognizance.?23 C.C.No.4334/2020
8. Further, you accused persons on the aforesaid date, time, place and under aforesaid circumstances, in furtherance of your common intention, have destroyed the public properties by violating the rules and thereby committed an offence punishable under Section Col.2 of the PDPP Act-1981, within my cognizance.?
9. What Order?
11. 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 : IN THE NEGATIVE
Point No.5 : IN THE NEGATIVE
Point No.6 : IN THE NEGATIVE
Point No.7 : IN THE NEGATIVE
Point No.8 : IN THE NEGATIVE
Point No.9: As per final order
......................... for the following REASONS
12. Point No.1 to 8:- In this case, oral testimony of PW1-
Thiruvenkatam stated that on 12.09.2016, at about 10.00pm 24 C.C.No.4334/2020 to 11.009m more than 15 persons came to their hotel ie., Adiyar Anand Bhavan Sweets and have picked up quarrel with them, stating that when they went to Tamilnadu, Tamil People have picked up quarrel with them. The said persons have destroyed all items in the shop and abused them in filthy language, due to mis chief they have suffered loss worth of Rs.6,50,000/-. In this case, has has lodged complaint and police came to spot and conducted mahazar. But he has not identified the accused No.3 & 4.
13. PW2-Uday Sheety is also one of the Manager in Adiyar Anand Bhavan Sweets he also stated that on 12.09.2016, a about 10.30am to 11.00am 15 to 20 people came to their hotel, picked up quarrel, as when they went to Tamil Nadu Tamil people have quarrelled with them After that, they have destroyed the articles in the shop and abused them in filthy language. In this regard, police have conducted mahazar.
14. During his cross-examination, he has stated that, police have not collected the CCTV footage. 25 C.C.No.4334/2020
15. PW3 is the investigation officer, he has stated that on 20.09.2015 at about 1.25pm PW1 lodged the complaint. Based on that, he has registered the case against the accused persons in Cr.No.505/2011 and forwarded the FIR to this court. Thereafter, he has rushed to the spot and conducted SO mahazar and caught hold the accused persons and produced them before him. AT that time, curfew was imposed due to making galata by the Kannada People on occasion of verdict passed in Cauvery Water dispute Tribunal. Thereafter, he has interrogated and recorded the statement of accused persons and has recovered th weapons which is used for commission of the offence. After completing other formalities, submitted charge sheet against the accused persons.
16. By considering the oral testimony of PW1 and PW2, they have failed to identify the accused No.3 & 4. Under such circumstance, it is great difficulty to hold the guilt of accused persons, based on the oral testimony of IO. Non identification of the accused No.3 & 4 and based on the identification parade, it is fatal to the prosecution case. Further, PW1 and 26 C.C.No.4334/2020 PW2 not deposed single incriminating evidence against the accused No.3 & 4. Under such circumstances, it is held that, prosecution utterly failed to prove the guilt of the accused persons beyond reasonable doubt. Hence, I answer point No.1 to 8 are answered the Negative.
17. Point No.9:- Foregoing reasons, I proceed to pass the following:-
ORDER The powers conformed upon me Under Sec.248(1) of Cr.P.C., accused No.1 are hereby acquitted of the offences punishable U/s.143, 144, 147, 148, 365, 342, 323, 324 r/ w. 149 of IPC.
The bail & bail bond of accused No.2 & 4 and surety shall stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
Accused No.1 is in JC. Therefore, Jail authorities are hereby directed to release the accused No.4 immediately, if he is not required in any other case.
Office is hereby directed to issue release intimation forth with to Jail Authorities.27 C.C.No.4334/2020
Office is hereby directed to keep this entire case filed in split up case bg.C.C.No.22526/2022.
(Dictated to the Stenographer and after corrections made by me and then pronounced by me in the Open Court on this the 11th day of January 2023).
(I.P.Naik) XXX Addl.C.M.M., B'lore ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION P.W. 1 : Thiruvenkatam P.W. 2 : Uday Shetty P.W. 3 : Smt. Renuka
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION:
NIL
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE:
NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (I.P.Naik) XXX Addl.C.M.M., B'lore.28 C.C.No.4334/2020
(Judgment pronounced in Open Court vide separate):-
ORDER The powers conformed upon me Under Sec.248(1) of Cr.P.C., accused No.3 & 4 are hereby acquitted of the offences punishable U/s.143, 144, 145, 147,148, 427, 188 r/w. 149 of IPC. and U/s. Col-2 of KPPDL, Act 1981.
The bail & bail bond of accused No.2 & 4 and surety shall stands cancelled.
The prosecution fails to prove the guilt of the accused persons beyond reasonable doubt, hence, granting of compensation of U/s.357 of Cr.P.C. is declined.
Accused No.4 is in JC. Therefore, Jail authorities are hereby directed to release the accused No.4 immediately, if he is not required in any other case.
Office is hereby directed to issue release intimation forthwith to Jail Authorities.
Office is hereby directed to keep this entire case filed in split up case bg.C.C.No.22526/2022.
(I.P.Naik) XXX Addl.C.M.M., B'lore.