Bangalore District Court
Bengaluru City vs Persons Are on 28 July, 2022
C.C.No.22514/2018
KABC030605412018
Presented on : 16-08-2018
Registered on : 16-08-2018
Decided on : 28-07-2022
Duration : 3 years, 11 months, 12 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY.
Dated this 28th day of July 2022
PRESENT : SRI.VEDAMOORTHY B.S. B.A.(L), LL.B.
II Additional Chief Metropolitan Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.22514/2018 Date of commission of the From 12.08.2017 to
2. offence (As per F.I.R.) 21.08.2017 Konanakunte Police Station,
3. Name of the complainant Bengaluru City.
4. Name of the accused 1. Palani @ Kerchief Palani, S/o. Late Krishnamurthy, Aged about 34 years, R/at No.151, 8th Main, 9th Cross, Chandranagar, Pipeline, Kumaraswamy Layout, Bengaluru.
2. Praveen V. @ Rao, Aged about 25 years, 2 C.C.No.22514/2018 R/at No.23, Behind Thalaghatpura Police Station, Pipeline Road, Kanakapura Main Road, Bengaluru City.
3. Srinivas V., S/o. Venkatesh, Aged about 25 years, R/at C/o Asha, W/o Devaraju, Krishnanagara, Kothanuru, Bengaluru City.
Permanently R/at Hallappa Doddi Post, Kunigal Taluk, Tumkur District.
4. Kumar G.R., S/o Ramegowda, Aged about 48 years, R/at No.24/2, Astalakshmi Layout, 1st Main, J.P.Nagar 6th Stage, Bengaluru-560 078.
Sections 323, 342, 384, 504, The offences complained
5. 506 R/w Section 34 of the of Indian Penal Code.
6. Plea of the accused Pleaded not guilty Accused persons are
7. Final order acquitted
8. Date of order 28.07.2022 3 C.C.No.22514/2018 The Police Sub-Inspector of Konanakunte Police Station, Bengaluru has filed Police Report against the above named accused persons alleging that they have committed the offences punishable under Sections 323, 342, 384, 504, 506 R/w Section 34 of the Indian Penal Code.
2. The Prosecution case in brief is that on 12.08.2017 at 7.00 p.m., the accused persons in furtherance of their common intention came near the house of CW2 Nanjunda situated at No.65, house of Umapathi, Nayak Main Road Layout, J.P.Nagara 8th Stage, Bengaluru City within the territorial jurisdiction of Konanakunte Police Station in the matter that CW1 Manjunath has refused to sell his ancestral property bearing Sy.No.1 of Kothanuru Dinnce measuring 0- 10 guntas by making conversion of the said property in spite of giving the documents. When CW1 was not available in the house of CW2, the accused persons forcibly took CW2 with them and wrongfully restrained him in a room at the house of accused No.4; made him to call the mobile of CW1 bearing No.9886681442 from his mobile No.9986994618 and got 4 C.C.No.22514/2018 CW1 to come there; accused No.1 to 3 forced CW1 to execute MOU Agreement in respect of the said property to be sold to them; when CW1 has not agreed to it, they abused CW1 in filthy languages; threatened him to execute MOU document or to give the documents of his Toyata Itios Car bearing Reg.No.KA-05-AE-2942; forced him to execute Forms No.29 and 30; accused No.4 forcibly obtained the LTM of CW1 on blank papers; thereafter, accused No.1 and 2 hold CW1; accused No.3 voluntarily caused simple hurt to CW1 by beating on his cheek with his hand; gave life threat stating that if he has not done as they told, they will cut his hands; voluntarily caused simple hurt on body, chest and stomack of CW1 with their hands; left him his house at 12.15 during night and took his car bearing Reg.No.KA-05-AE-2942. On 20.08.2017, accused No.2 and 3 came near the house of CW1 through CW4; called CW1 from his house and forcibly took him stating that accused No.1 and 4 are calling him. When CW1 called Police over telephone, they ran away. On 21.08.2017, accused No.1 and 2 called CW1 over his mobile No.9886681442 from mobile No.8904618160 and threatened 5 C.C.No.22514/2018 him stating that he shall execute the agreement immediately or he shall settle the matter by paying Rs.10.00 lakhs to them and they left the car. They have also gave life threat stating that if he gives complaint at Police Station, they will finish CW1. Thereby, the accused persons have committed the offences punishable under Sections 323, 342, 384, 504, 506 R/w Section 34 of the Indian Penal Code.
3. Based on the First Information of CW1, the crime was registered in Crime No.373/2017 at Konanakunte Police Station. During Investigation, the accused persons have appeared before this Court and enlarged on bail. On completion of the investigation, the Police Sub-Inspector of Konanakunte Police Station, Bengaluru City filed Police Report against the accused alleging that the accused persons have committed the offences punishable under Sections 323, 342, 384, 504, 506 R/w Section 34 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused persons. They were appeared before this Court. The copies of the Police Report and other 6 C.C.No.22514/2018 prosecution papers are furnished to the accused persons under section 207 of Cr.P.C. After hearing, since there were grounds for presuming that the accused persons have committed offences triable by this Court, charges for the offences punishable under Sections 323, 380, 419, 420, ,454, 457, 504 and 506 of the Indian Penal Code have been framed and read over to them in Kannada language. They have pleaded not guilty and claims to be tried.
4. To prove the charges framed against the accused persons, the prosecution has produced the oral evidences of PW1 and PW2 and the documentary evidences in Ex.P1 to Ex.P4. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witness against the accused persons, the examination of the accused persons under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for the accused persons. Perused the materials available on record.
5. The points for determination are; 7 C.C.No.22514/2018
1. Whether prosecution has proved the offences charged against the accused persons for the offences punishable under Sections 323, 342, 384, 504, 506 R/w Section 34 of the Indian Penal Code beyond reasonable doubt?
2. What order or sentence?
6. My answers to the above points are as follows:
Point No.1 : In the Negative,
Point No.2 : As per final order for the following;
REASONS
7. POINT No.1 :- In order to prove the charges framed against the accused persons, out of 11 witnesses cited in the charge-sheet by the Investigation Officer, the prosecution has produced the oral evidences of only two witnesses before this court as PW1 and PW2. PW1 Manjunatha N. is the First Informant, injured and the mahazar witness of this case and PW2 is Nanjunda is another injured witness. The prosecution has also produced the documentary evidences Ex.P1 to Ex.P4. Among them, Ex.P1 is the First Information, Ex.P2 is 8 C.C.No.22514/2018 the Mahazar, Ex.P3 is the Witness Statement of PW1 and Ex.P4 is the Witness Statement of PW2.
8. As per the case of the prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.373/2017 and on investigation, since, there are evidences collected by the investigation officer to prosecute the accused persons for the offences punishable under Sections 323, 342, 384, 504, 506 R/w Section 34 of the Indian Penal Code, the charge- sheet was filed. In the First Information - Ex.P1, there are statements of PW1 with regard to the alleged incident committed by the accused persons. PW1 during his examination-in-chief has deposed the evidences contrary to the said facts. He has deposed in his examination-in-chief that he does not know the accused persons; no quarrel taken place between him and the accused persons; he was not given any complaint to the police; the accused persons have not abused him in filthy languages; they have not given him any life threat; they have not assaulted him; they have not obtained any signatures on the documents threatening him; 9 C.C.No.22514/2018 they have not wrongfully confined him; they have not demanded for money; he does not know the contents of Ex.P1 and the police have not conducted any mahazar at the place of incident in his presence as per Ex.P2. He has been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, he has denied the contents of Ex.P1; he gave it and the mahazar conducted at the place of incident in his presence. Nothing has been elicited in the cross-examination of PW1 supporting the case of the prosecution. His Witness Statement recorded by the Investigation Officer is marked as Ex.P3.
9. Another witness PW2 has also deposed that he does not know the accused persons; no quarrel took place between him, CW1 and the accused persons and he has not given any statement to the Police. He has also been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, he has denied the entire case of the prosecution. Nothing has been elicited in the cross-examination of PW2 supporting the case of the 10 C.C.No.22514/2018 prosecution. His Witness Statement recorded by the Investigation Officer is marked as Ex.P4.
10. On perusal of the above evidences, it appears that the First Informant and the injured witness PW1 and another injured witness PW2 have deposed not supporting the case of the prosecution. They have deposed in their cross- examination that they have compromised the matter with the accused persons. Therefore, if the evidences of the other prosecution witnesses are recorded, no purpose will be served. For this reason, the evidences of the other prosecution witnesses are dropped. Under these circumstances, I am holding that the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 323, 342, 384, 504, 506 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
11. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 323, 342, 384, 11 C.C.No.22514/2018 504, 506 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Therefore, the accused persons are not found guilty for the aforesaid offences charged against them . In the result, I proceed to pass the following;
ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 323, 342, 384, 504, 506 R/w Section 34 of the Indian Penal Code.
Their bail bonds and surety bonds furnished under Section 437 of Cr.P.C. will be in force till completion of the appeal period and thereafter, it shall be canceled. (Typed by the Stenographer in the Court computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 28.07.2022) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Manjunatha N,
12 C.C.No.22514/2018
PW2 : Nanjunda.
Documents marked on behalf of Prosecution :-
Ex.P1 : First Information, Ex.P1(a) : Signature, Ex.P2 : Mahazar, Ex.P2(a) : Signature, Ex.P3 & 4 : Witness Statements.
Material objects marked on behalf of Prosecution :-
NIL Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.13 C.C.No.22514/2018
28.07.2022 Judgment pronounced in open Court vide separate order.
ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 323, 342, 384, 504, 506 R/w Section 34 of the Indian Penal Code.
Their bail bonds and surety bonds furnished under Section 437 of Cr.P.C. will be in force till completion of the appeal period and thereafter, it shall be canceled.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.