Bangalore District Court
Srinivas vs Syed Haneef Alias Haneef on 20 February, 2025
KABC030355282021
Presented on : 10.06.2021
Registered on : 10.06.2021
Decided on : 20.02.2025
Duration : 03y/08m/10days
IN THE COURT OF XLI ADDL. CHIEF JUDICIAL
MAGISTRATE, AT : BENGALURU
PRESIDED OVER BY TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B.,
XLI Addl. Chief Judicial Magistrate
Bengaluru
Dated on this 20th day of February 2025
C.C.No.12522/2021
COMPLAINANT : The State by
Sampigehalli Police Station
-V/s-
ACCUSED : 1. Syed Haneef @ Haneef
S/o. Syed Hussain, Aged 25 years,
R/at. No.3, Opp. Bakery Road,
Amarjyothi Layout, Thanisandra,
Bengaluru.
2. Roshanullah Baig- Split up in
CC No.7411/2024
3. Imran Khan @ Imran
S/o.Anwarulla, Aged 24 years,
R/at.No.97, 3rd Cross, Vinobha Nagar,
Behind K.G.Halli PS, Tanery Road,
K.G.Halli, Bengaluru.
Date of Commission of offence 30.09.2020
2 C.C.No.12522/2021
Date of report 02.10.2020
Date of arrest On 19.05.2022 the accused
No.1 appeared before the
Court and got enlarged
himself on bail. The accused
No.3 was being produced
under Body warrant.
Subsequently, he was
enlarged on bail.
Name of the complainant Srinivas
Date of commencement of 21.03.2024
recording Evidence
Date of closing evidence 03.11.2024
Offences complained of U/Sec. 341, 324, 504 R/w 34
of IPC
Opinion of the Judge As per final orders
State Represented by Senior Asst. Public Prosecutor
Accused Represented by Sri.K.N.Gowda and S.M.Hajira
Advocate.
JUDGMENT
[Delivered on 20.02.2025] The P.S.I of Sampigehalli police station has filed charge sheet against the accused for the offences punishable U/Sec.341, 324, 504 R/w 34 of IPC.
2. Brief facts of prosecution case is as follows:
On 30.09.2020 at 7 p.m., the accused No.1 to 3 in furtherance of common intention wrongfully restrained the car of 3 C.C.No.12522/2021 CW.1 bearing No. KA.05.AG.3157 near Thanisandra Government school, Amarjyothi Layout, Thanisandra Village, Sampigehalli.
They abused him in a filthy language, assaulted him with a beer bottle and caused injuries to his mouth, tooth and lips. On the basis of written information given by CW.1, the Sampigehalli Police have registered this case against the accused in Cr.No.128/2020.
3. After the investigation, the IO filed charge sheet against the accused. This Court has taken cognizance of the offences punishable U/Sec.341, 324, 504 R/w 34 of IPC.
4. On 19.05.2022 the accused No.1 appeared before the Court and got enlarged himself on bail. The accused No.3 was being produced under Body warrant. Subsequently, he was enlarged on bail. This Court complied with Sec.207 of Cr.P.C., and furnished charge sheet copies to the accused.
5. The accused No.2 is continuously absent and hence, the case against accused No.2 is split up and a separate CC No.7411/2024 came to be registered against him.
4 C.C.No.12522/2021
6. This Court heard both the parties. As there were no grounds to discharge the accused No.1 and 3, this Court framed charges for the offences punishable U/Sec.341, 324, 504 R/w 34 of IPC. The accused No.1 and 3 did not plead guilty. They claimed to be tried.
7. In order to prove its case, the prosecution got examined one witness as PW.1 and got marked Ex.P.1 to 3 documents and MO.1. After the closure of the evidence of the prosecution, this court recorded the statements of the accused No.1 and 3 U/Sec.313 of Cr.P.C., wherein, they denied the incriminating evidence led against them. They did not choose to lead theirs defense evidence.
8. I have heard the arguments of Senior APP and Sri.KNG and Smt. SMH Advocates.
9. On the basis of allegations made against the accused No.1 and 3, the following points arise for my consideration:
1. Whether the prosecution proves beyond all reasonable doubt that, the accused No.1 5 C.C.No.12522/2021 and 3 in furtherance of common intention along with accused No.2 wrongfully restrained the car of CW.1 bearing No. KA.05.AG.3157 on 30.09.2020 at 7 p.m., near Thanisandra Government school, Amarjyothi Layout, Thanisandra Village, Sampigehalli and thereby they have committed the offence punishable U/Sec.341 R/w 34 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused No.1 and 3 along with accused No.2 in furtherance of common intention abused CW.1 in a filthy language and thereby they have committed the offence punishable U/Sec.504 R/w 34of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that, on the aforesaid date, time and place, the accused No.1 and 3 along with accused No.2 in furtherance of common intention assaulted CW.1 with a beer bottle and caused injuries to his mouth, tooth and lips and 6 C.C.No.12522/2021 thereby they have committed the offence punishable U/Sec.324 R/w 34 of IPC?
4. What order?
10. My answers to the above points are as under:
Point No.1 : In Negative
Point No.2 : In Negative
Point No.3 : In Negative
Point No.4 : As per final orders for the following
REASONS
Point No.1 to 3 : As these points are interrelated, I take all the three points together for common discussion to avoid repetition.
11. The burden is casted on the prosecution to prove that, the accused No.1 and 3 in furtherance of common intention along with accused No.2 wrongfully restrained the car of CW.1 bearing No. KA.05.AG.3157 on 30.09.2020 at 7 p.m., near Thanisandra Government school, Amarjyothi Layout, Thanisandra Village, Sampigehalli, abused him in a filthy language, assaulted him with a beer bottle and caused injuries to his mouth, tooth and lips.
12. In order to prove its case, the prosecution got examined the investigation officer/CW.1 as PW.1 and got marked the complaint 7 C.C.No.12522/2021 as Ex.P.1, FIR as Ex.P.2 and spot cum seizure mahazer as Ex.P.3 and broken beer bottle pieces as MO.1.
13. CW.7/PW.1- Shivappa M Naikar., in his evidence has stated that, while he was working as PSI at Sampigehalli police station on 02.10.2020 at 9 a.m., the CW.1 came to the station and gave Ex.P.1 complaint. On the basis of which, he registered Ex.P.2 FIR. On the same day at 5 p.m., he visited the spot, which was showed by CW.1 and he has drawn Ex.P.3 mahazar till 5.30 p.m., in the presence of CW.2 and 3. He seized MO.1 broken beer bottle pieces from the spot, which was used for the commission of the offence. On 04.10.2020, he recorded the statements of CW.4 to 6. On the same day, the accused No.1 to 3 were arrested in Cr.No.127/2020 and hence he called CW.1 to the station, where he identified the accused. The CW.1 told that, he has not taken any treatment from the hospital for the injuries sustained in the incident. Accordingly, he recorded his further statement. On 06.10.2020, he filed a requisition to add accused No.2 and 3 to this case. He filed a requisition to the court seeking an order of 8 C.C.No.12522/2021 issuance of body warrant against the accused. By completing the investigation, he filed charge sheet against the accused. He has identified the accused and MO.1.
14. On the basis of Ex.P.1 written complaint given by CW.1 on 02.10.2020, the Sampigehalli police have registered this case, investigated the matter and filed charge sheet against the accused. Ex.P.1 is the titled as the complaint against Haneef and his 2 associates, who quarreled with him. In Ex.P.1, the CW.1 has mentioned the name of accused No.1 and described the manner in which he along with his 2 associates wrongfully restrained his car near the Government school at Amarjyothi Layout on 30.09.2020 at 7 p.m. Likewise, he has narrated the incident in detail as to how they assaulted him with piece of beer bottle and the foul language used by them.
15. In Ex.P.1 itself, he has mentioned that he has taken treatment at the clinic and the nature of injuries sustained by him. Though the alleged incident was occurred on the evening of 30.09.2020, Ex.P.1 complaint was given on 02.10.2020. In Ex.P.2 at 9 C.C.No.12522/2021 column No.3[c], there is an endorsement stating that the CW.1 took treatment at a clinic for the injuries sustained by him and hence, he could not approach the station immediately due to fear. However, this endorsement is contrary to the version of PW.1, wherein he has stated that, the CW.1 told that, he has not taken any treatment from the hospital for the injuries sustained in the incident.
16. In order to ascertain the correctness of the allegations made in Ex.P.1, this court had issued repeated summons, warrants and proclamations against CW.1 to 6. On 28.06.2024 and 29.06.2024, the police published the proclamation warrants against CW.1 to
5. Inspite of it, they did not appear before the court and hence this court dropped CW.1 to 6 from examination.
17. The PW.1 being the IO deposed regarding registration of case, drawing of mahazar, seizure of MO.1-broken beer bottle pieces, said to be used for the commission of the offence and recording the statements of the witnesses. But his version is not supported by the oral evidence of any independent witnesses. The 10 C.C.No.12522/2021 CW.2 and 3 being the signatories to Ex.P.3 /spot cum seizure mahazar have not appeared before the court to substantiate the contents of Ex.P.3.
18. In the present case, no independent person came forward to say that, they have seen the accused wrongfully restraining CW.1 and assaulting him with a broken beer bottle on the evening of 30.09.2020, near the Government school of Amarjyothi Layout, Thanisandra. Likewise, no independent witnesses appeared before the court to say that, they have seen the PW.1 drawing Ex.P.3 mahazar and seizing MO.1 broken beer bottle pieces from the spot in their presence.
19. Though the CW.1 in his Ex.P.1 complaint had stated that, he had taken treatment from the nearby clinic for the injuries sustained by him in the assault, the PW.1 in his evidence has stated that the CW.1 gave his further statement stating that he has not taken any treatment from the hospital with the history of assault. This fact makes the court to doubt the genuineness of this case.
11 C.C.No.12522/2021
20. In the absence of oral evidence of independent witnesses, the evidence led by PW.1 appears to be baseless. From the evidence led by PW.1, the charges levelled against the accused are not proved. In the present case, the CW.1 being the complainant cum victim cum injured has not cared to appear before the court to explain the reasons as to why he has approached Sampigehalli police and filed Ex.P.1/complaint. In such circumstances, there is no cogent evidence on record to connect the accused with the alleged crime.
21. From the evidence led by PW.1, the charges levelled against the accused No.1 and 3 are not proved. Thus, the prosecution has failed to prove that, the accused No.1 and 3 in furtherance of common intention along with accused No.2 wrongfully restrained the car of CW.1 bearing No. KA.05.AG.3157 on 30.09.2020 at 7 p.m., near Thanisandra Government school, Amarjyothi Layout, Thanisandra Village, Sampigehalli, abused him in a filthy language, assaulted him with a beer bottle and caused injuries to 12 C.C.No.12522/2021 his mouth, tooth and lips. Accordingly, I answer point No.1 to 3 in negative.
Point No.4: For the aforesaid reasons, I proceed to pass the following:
ORDER By exercising the powers conferred U/Sec.248[1] of Cr.P.C., the accused No.1 and 3 are acquitted from the charges of Sec.341, 324, 504 R/w 34 of IPC.
The bail bonds executed by the accused No.1 and 3 stands cancelled.
The bonds executed by the accused No.1 and 3 U/Sec.437[A] of Cr.P.C., will be in force till the completion of appeal period.
The property seized under PF No.69/2020 [P.R. No.48/2024] i.e., MO.1- Broken beer bottle pieces are ordered to be kept intact till the disposal of split up CC No.7411/2024 registered against accused No.2. TATTANDA Digitally signed by TATTANDA DAMAYANTI DAMAYANTI SOMAIAH Date: 2025.02.20 17:40:02 SOMAIAH +0530 20.02.2025 [TATTANDA DAMAYANTI SOMAYYA] XLI A.C.J.M., BENGALURU 13 C.C.No.12522/2021 ANNEXURE LIST OF WITNESSES EXAMINED FOR PROSECUTION:
PW.1 : Shivappa M Naikar LIST OF DOCUMENTS MARKED FOR PROSECUTION:
Ex.P.1 : Written Information/complaint Ex.P.1[a] : Signature of PW.1 Ex.P.2 : FIR Ex.P.2[a] : Signature of PW.1 Ex.P.3 : Spot cum seizure mahazar Ex.P.3[a] : Signature of PW.1 LIST OF MO's MARKED ON BEHALF OF PROSECUTION MO.1 : Broken beer bottle pieces LIST OF WITNESSES EXAMINED FOR THE ACCUSED : NIL LIST OF DOCUMENTS MARKED FOR THE ACCUSED : NIL ....................................................................................
Dictated on : 19.02.2025
Transcribed on : 19.02.2025
checked on : 19.02.2025
Signed on : 20.02.2025
[TATTANDA DAMAYANTI SOMAYYA]
XLI A.C.J.M., BENGALURU
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