Bangalore District Court
State By Bommanahalli Police vs Hemantha @ Dadiya S/O Umesh on 28 November, 2019
IN THE COURT OF THE CHIEF METROPOLITAN
MAGISTRATE, BENGALURU CITY
Dated this the 28th day of November 2019
PRESENT:
Smt. Roopa Ramrao Kulkarni,
B.Com., L L.B. (Spl.),
Chief Metropolitan Magistrate, Bengaluru
C.C. No.14577/2017
Complainant : State by Bommanahalli Police
Station, Bengaluru City
-V/s-
Accused : 1. Hemantha @ Dadiya s/o Umesh,
Aged about 20 yrs, R/at Nagaraj's
rented house, 3rd Floor, 2nd Cross,
Loom Road, Weavers Colony,
Saarakki, J.P.Nagar 6th Stage,
Kanakapura Main Road, Bengaluru.
2. Prajwal s/o Srinivasa, Aged about
20 yrs, R/at No.1188/20, Rajesh's
rented house, 4th Floor, 4th Cross,
26th Main, Opposite Ragigudda
Arch, Jayanagar 9th Block,
Bengaluru.
2 CC No.14577/2017
3. Karthik @ Bro s/o Puttaraju,
Aged about 20 yrs, R/at No.19,
6th Main, 13th Cross, Saarakki
Village, J.P.Nagar 1st Stage,
Bengaluru.
4. Shoukath s/o Shaik Ghor, Aged
about 18 yrs, R/at No.63, 3rd Cross,
Hari Colony, Banashankari
2nd Stage, Bengaluru.
Date of offence : 10-08-2016
Offences complained
of : Section 392, 201 IPC
Plea of the : Accused No-1 to 4
Accused pleaded not guilty
Final order : Accused No-1 to 4
Acquitted
Date of Judgment : 28-11-2019
J U D G M E N T U/S 355 of Cr.P.C.
The Police Inspector of Bommanahalli Police
Station, Bengaluru City, has filed charge sheet against
accused for the offences punishable under Section 392
and 201 of IPC.
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2. The brief facts of the case of prosecution are
that-
On 10-08-2016 at about 1.00 a.m., CW1
Mahantesh Awari was waiting for bus at Central Silk
Board bus stop, BTM Layout Main Road (Ring Road),
Bengaluru. At that time, the accused No-1 to 4 came
there in a Tata Indica Car driven by accused No-1, by
way of tampering its original registration number i.e.,
KA 53 B 1367 as KA 53 B 1867 and made CW1 to
board the car, by saying that they will drop him to his
destination. On the way, the accused persons threatened
CW1 and robbed Moto X Play mobile handset, cash
amount of Rs.50/-, TCS company identity card, purse
having HDFC & ICICI bank debit cards, head phone
and spectacles, totally worth about Rs.8,000/-. When the
car was near Gate of Phase-2, S.N.N. Raj Lake View
Apartment, Mico Layout P.S. limits, Bengaluru, CW1
had pushed accused No-3, as a result of which he had
fallen on ground out of the car. At that time, when CW1
was also fallen on the ground, all the accused persons
had escaped from there in the said car. Thereby, it is
alleged that the accused committed the alleged offences.
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3. Accused No-1 is in judicial custody under
body warrant in this case. The accused No-2 to 4 are on
bail. After furnishing charge-sheet copies, charge for the
alleged offences was framed, read over and explained to
accused in the language known to him. The accused
pleaded not guilty and claimed to be tried.
4. The prosecution in order to prove its case has
examined in all four witnesses as PW1 to 4 and
produced documents as per Ex.P1 to 6. Thereafter, the
statement of accused, as required U/S 313 of Cr.P.C.
was recorded, wherein they have denied the
incriminating evidence deposed against them and did not
choose to lead any defence evidence.
5. Heard arguments.
6. The prosecution in order to prove its case has
examined in all four witnesses as PW1 to 4. PW1
Mahantesh Awari is the complainant. He has deposed
about the robbery of his mobile handset, cash amount
etc., during August 2016 from the four inmates of
Indica Car, when he was returning from work and
boarded car on the say of inmates that they will drop
him to his destination. PW1 further deposed that he
lodged Ex.P1 complaint regarding the incident, the
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police conducted Ex.P2 mahazar at the spot.
Subsequently the Police called him, showed 2-3 persons
and his mobile, wherein he got released the mobile
appearing in Ex.P3 to his interim custody. It is pertinent
to note here that, PW1 has categorically deposed in his
evidence that he cannot identify the accused and also the
car. PW1 was treated as hostile by the prosecution and
cross-examined. Except admitting that he had identified
the car appearing in Ex.P4 photograph, nothing is
elicited in respect of identification of accused by PW1.
7. PW2 Shivu is stated to be the panch witness to
Ex.P5 mahazar under which the mobile handset of
complainant is stated to be seized. PW2 has deposed in
his evidence that he has not seen the accused Karthik
(A3), Bommanahalli Police has not seized anything in
his presence, he doesn't know the contents of Ex.P5 and
he signed it, when he had gone to station on other work.
The prosecution treated this witness as hostile and cross-
examined, but nothing substantial in respect of Ex.P5 is
brought out.
8. PW3 Shashikumar is stated to be the RC owner
of car used for committing the offence. He has deposed
in his evidence that he had given the car to Karthik (A3),
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he doesn't know as to what had happened to the car.
That he came to know that his car appearing in
photograph Ex.P4 was seized in a robbery case and he
got released the same to his interim custody through
court order. In the cross-examination of defence, it is
elicited that the car was not standing in his name and it
was standing in the name of P.T.Srinivas. That accused
No-3 is not having badge, he cannot say as to on which
date the car was given to accused No-3, the police did
not record his statement and that he doesn't know as to
from whom the police seized the car. Lastly, PW4
Shivashankar, who is the A.S.I. of Bommanahalli P.S.
has deposed about registration of Ex.P6 - F.I.R. on the
basis of Ex.P1 - compliant lodged by PW1 and handing
over the further investigation of case to CW12. In the
cross-examination of PW4, it is elicited that the FIR
doesn't disclose as to there is 3 hours delay in lodging
complaint.
9. I have carefully scrutinized the prosecution
evidence available on record. In the cross-examination
of PW3 and 4, the above stated points are elicited. As
already noted, the complainant PW1 has failed to
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identify accused before the court and the same is fatal to
the case of prosecution. This is one aspect of the case.
10. However, in theft or robbery cases, the
evidence of seizure mahazar witnesses is material to
prove the alleged offence against accused. But as
already noted, PW2 - one of the seizure panch to Ex.P5
has turned hostile to prosecution. The evidence of
another panch to Ex.P5 i.e., CW6 Sadiq, panchas to
seizure of vehicle used for committing the offence i.e.,
CW4 Babu, CW5 Shankar and also CW12
B.S.Manjunath - the I.O. who seized the mobile and
vehicle, is not made available to court inspite of giving
sufficient opportunities.
11. So to sum up, this court is of the considered
opinion that the evidence available on record is totally
insufficient, so as to connect the accused in this case.
There is neither direct nor circumstantial evidence
against the accused. Hence, the prosecution failed to
establish its case against accused beyond all reasonable
doubt and as such they are entitled for the benefit of
doubt. In the result, I proceed to pass the following-
8 CC No.14577/2017
ORDER
Acting under Section 248(1) of Cr.P.C., accused No-1 to 4 are acquitted for the offences punishable under Section 392 and 201 of IPC.
The body warrant issued against accused No-1 is hereby recalled and the jail authorities are directed to release the said accused forthwith, if not required in any other case. The bail/surety bonds of accused No-2 to 4 shall stand canceled. The interim order in respect of release of mobile and vehicle seized under PF No.132/2016 and 165/2016 in favour of petitioners, is 9 CC No.14577/2017 made absolute and the same shall come into effect, after the completion of appeal period. (Dictated to the Stenographer on computer. The computerized print out taken by Steno is revised, corrected and then pronounced by me on this day i.e., 28-11-2019) (Roopa Ramrao Kulkarni), Chief Metropolitan Magistrate, BENGALURU.
ANNEXURE List of Witnesses examined on behalf of prosecution:-
PW1 : Mahantesh Awari
PW2 : Shivu
PW3 : Shashikumar
PW4 : Shivashankar
List of Documents marked on behalf of prosecution:-
Ex.P1 : Complaint
Ex.P2 : Spot Mahazar
Ex.P3, 4 : Photographs
Ex.P5 : Seizure Mahazar
Ex.P6 : F.I.R.
10 CC No.14577/2017
List of Material objects produced:-
Nil List of Witnesses examined & documents marked on behalf of the defence:
Nil C.M.M., BENGALURU. 11 CC No.14577/2017 28-11-2019 (Judgment pronounced vide separate sheets) ORDER Acting under Section 248(1) of Cr.P.C., accused No-1 to 4 are acquitted for the offences punishable under Section 392 and 201 of IPC.
The body warrant issued against accused No-1 is hereby recalled and the jail authorities are directed to release the said accused forthwith, if not required in any other case. The bail/surety bonds of accused No-2 to 4 shall stand canceled. The interim order in respect of release of mobile and vehicle seized 12 CC No.14577/2017 under PF No.132/2016 and 165/2016 in favour of petitioners, is made absolute and the same shall come into effect, after the completion of appeal period.
Chief Metropolitan Magistrate, Bengaluru.