Bangalore District Court
State By Rajagopalnagar Police Station vs Pavan @ Pappareddy on 13 March, 2023
KABC030709762015
IN THE COURT OF VII ADDL.CHIEF METROPOLITIAN
MAGISTRATE, BENGALURU.
Dated this the 13th day of March, 2023
Present : Sri.Umesha H.K. B.A.LLB.,
VII Addl. C.M.M., Bengaluru.
JUDGMENT U/s 355 OF Cr.P.C.
C.C.No.25274/2015
Complainant : State by Rajagopalnagar Police Station.
(By Sr.Asst.Public Prosecutor)
V/s
Accused : Pavan @ Pappareddy
S/o Ravishankar,
Aged about 24 years,
R/at No.02, 1st Main, Near Mandan
Garments, Opp.Sathyashiva Kalyana
Mantapa, Preethinagar, Laggere,
Bengaluru.
Date of occurrence of offence 01.08.2015
Date of report of offence 01.08.2015
Name of the Complainant Sri.T.Narasimhaiah
Date of commencement of 21.09.2022
recording evidence
2 C.C.No.25274/2015
Date of closing of evidence 21.09.2022
Offences complained of U/s 229 (A) of I.P.C.
Opinion of the Judge Accused found not guilty.
CW3 P.S.I. of Rajagopalnagar Police Station has
filed charge sheet against the accused for the offence
punishable U/s 229 (A) of I.P.C.
2. The brief facts of the prosecution case is as under :
It is alleged in the chargesheet that within the
jurisdiction of Rajagopalnagar P.S, present accused
being the accused in S.C.No.975/2013, on the file of
(CCH.66) Court, for the offences punishable U/s 399,
402 I.P.C, remained absent, in the said case on
25.02.2015, 31.03.2015, 22.04.2015, 03.06.2015,
01.07.2015 and 05.08.2015 and absconded, failed to
appear in the Court without any sufficient cause and
thereby committed offence punishable U/s 229 (A) of
I.P.C.
3. Upon the written information given by the
Complainant Crime was registered in Crime
3 C.C.No.25274/2015
No.483/2015, dated 01.08.2015 and investigation was
taken up. After the completion of the investigation, the
chargesheet was submitted against the accused for
the aforementioned offences.
4. This Court by perusing the chargesheet
materials acting U/s 190 (1) (b) of Cr.P.C, has taken
cognizance for the offences U/s 229 (A) of I.P.C, and
registered the case as CC and issued summons to
the accused.
5. Accused secured under Body warrant and
Plea was read over, to which he pleaded not guilty and
claims to be tried.
6. The prosecution has examined P.W.1 and 2
who are Police Officials and got marked Ex.P.1 on its
behalf. CW3 remained absent, hence his evidenceis
dropped. Thereafter, Statement of accused U/s 313 of
Cr.P.C is recorded. Accused denied the incriminating
circumstances appeared against him and he has not
4 C.C.No.25274/2015
adduced any oral or documentary evidence on his
behalf.
7. Heard the arguments. Perused the
documents placed on record.
8. The points that arise for consideration are :
1. Whether the prosecution has proved
beyond all reasonable doubt that
accused has committed the offences
U/s 229 (A) of I.P.C ?
2. What order ?
9. The above points are answered as under :
Point No.1: In the Negative.
Point No.2: As per final order for the following :
REASONS
10. Point No.1 : It is alleged in the
chargesheet that present accused present accused
being the accused in S.C.No.975/2013, on the file of
(CCH.66) Court, for the offences punishable U/s 399,
402 I.P.C, remained absent, in the said case on
25.02.2015, 31.03.2015, 22.04.2015, 03.06.2015,
5 C.C.No.25274/2015
01.07.2015 and 05.08.2015 and absconded, failed to
appear in the Court without any sufficient cause and
thereby committed offence punishable U/s 229 (A) of
I.P.C.
11. The Prosecution in order to bring home the
guilt of the accused has examined PW1 and 2 and
got marked Ex.P1. PW1 and 2 are the Police
Officials have deposed before the Court that on
09.07.2015 they have been deputed to trace out the
accused in in Crime No.638/2012 and
SC.No.975/2013 and they submitted report to the I.O,
stating that accused absconded etc. On behalf of
prosecution Ex.P1 i.e., report submitted by PW1 is
marked.
12. I have carefully perused the evidence placed
by prosecution. No doubt PW1 and 2 have supported
the case of prosecution. But, they have not stated
where they have searched the accused on which date
they visited the house of accused and where they have
6 C.C.No.25274/2015
enquired about the presence of accused among
neighbours of accused, simply, PW1 has given a
report stating that they had been to patrolling duty at
Laggere, Bengaluru etc., and he submitted report
stating that accused is absconded. Further, there is
no evidence to show that PW1 and 2 were deputed to
that duty and no documentary evidence is placed that
PW1 and 2 were on duty as on 09.07.2015. So, this
Court is of the opinion that the evidence placed by
prosecution is not sufficient to come to conclusion
that accused willfully and without any sufficient cause
absconded or failed to appear before the Court. No
such evidence is placed by prosecution.
13. Further, for the reasons best known to the
I.O, he remained absent and he did not turn up for
evidence. Considering all these facts this Court is of
the opinion that Prosecution not proved the guilt of the
accused beyond all reasonable doubt. Hence, by
7 C.C.No.25274/2015
extending benefit of doubt, I answer Point No.1 in the
Negative.
14. Point No.2 : In view of the discussion made
above accused found not guilty and hence I proceed to
pass the following :
ORDER
Acting U/s 255 (2) of Cr.P.C. the accused is hereby acquitted for the offences punishable U/s 229(A) of I.P.C.
Office is hereby directed to intimate the Jail authority to release the accused forthwith, in this case, if he is not required in any other case.
(Dictated to the Stenographer, transcript computerized by him, revised, corrected and pronounced by me in the open Court on this 13th day of March, 2023).
( UMESHA H.K.) VII Addl. C.M.M., Bengaluru.
8 C.C.No.25274/2015ANNEXURES List of witnesses examined for the Complainant :
PW.1 : Muniraju, PW.2 : Prakash.
List of documents marked for the Complainant :
Ex.P.1 : Submission. List of witnesses examined for the Accused : NIL. List of documents exhibited for the Accused : NIL. List of Material Object marked for Prosecution : NIL.
VII Addl.C.M.M.,Bengaluru.
9 C.C.No.25274/2015 10 C.C.No.25274/2015