Bangalore District Court
Station vs No.2 To 4 And on 6 October, 2022
1 C.C.No.29056/2014
KABC030754942014
Presented on : 05-11-2014
Registered on : 05-11-2014
Decided on : 06-10-2022
Duration : 7 years, 11 months, 1 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY
Dated this 6th day of October 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.29056/2014 Date of commission of the From 25.04.2012 to
2. offence (As per F.I.R.) 11.03.2014 Thyagarajanagara Police
3. Name of the complainant Station, Bengaluru City
4. Name of the accused 1. C.T.Thimmaiah, (Dead)
2. Smt.Nagamma, W/o C.T.Thimmaiah, Aged about 67 years, 2 C.C.No.29056/2014
3. C.T.Mariraju, S/o C.T.Thimmaiah, Aged about 53 years,
4. C.T.Muddukumar @ Muddu Krishna, S/o C.T.Thimmaiah, Aged about 51 years,
5. Smt.Alamelu, W/o Narasegowda, Aged about 48 years, R/at No.101, 2nd Main, Behind B.T.S Garage, Marenahalli Extension, Vijayanagar, Bengaluru - 560 040.
6. Smt.C.T.Latha, W/o Chandrashekar, Aged about 46 years,
7. Smt.C.T.Sudha, W/o Raghunath, Aged about 42 years,
8. Kum.C.T.Padma, D/o C.T.Thimmaiah, Aged about 31 years, Accused No.2 to 4 and accused no.6 to 8 are R/at No.118/26, 12th Cross, 3rd Block, Thyagarajanagar, Bengaluru - 560 028.
3 C.C.No.29056/2014
Sections 143, 147, 323, 384, The offences complained 420, 448, 504, 506 and 511
5.
of R/w Section 149 of the Indian Penal Code 6. Plea of the accused Pleaded not guilty Accused No.2 to 8 are 7. Final order acquitted 8. Date of order 06.10.2022
The complainant filed the complaint under Section 200 of the Code of Criminal Procedure alleging that the accused persons have committed the offences punishable under Sections 384, 385, 386, 387, 388, 418, 420, 447, 448, 449, 450, 451, 452, 506 R/w Sections 120B and 34 of the Indian Penal Code. The private complaint was referred to jurisdictional Thyagarajanagara Police Station, Bengaluru City under Section 156(3) of the Criminal Procedure Code for investigation and to file Report. After investigation, the Police Inspector of Thyagarajanagara Police Station, Bengaluru City has filed Police Report against the above named accused persons alleging that they have committed the offences punishable under Sections 143, 147, 323, 384, 420, 448, 504, 506 and 511 R/w Section 149 of the Indian Penal Code. 4 C.C.No.29056/2014
2. The Prosecution case in brief is that the accused persons have executed and registered Deed of Conveyance of Development Right Certificate in favour of CW1 to CW3 at the Office of the Sub-Registrar, Ramanagara. The accused persons have received the entire amount as per agreement from CW1 to CW3 through cheque. Still, on 24.02.2014, the accused persons to obtain more amount from CW1 to CW3 by force with common object have formed an unlawful assembly; entered the office of TDR Bajaj Infrastructure situated at 2 nd Floor of Aranji Plazo, No.1, South End Street, Kumara Park East, Bengaluru situated within the territorial jurisdiction of High Grounds Police Station, Bengaluru City; committed criminal trespass; demanded CW1 to pay Rs.1,00,00,000/- to remit Income Tax and to give more amount. When, CW1 told the accused persons that he has already paid the entire amount and he need not pay anything, accused No.1 and 3 abused CW1 in filthy languages; told that the money given by him is not sufficient; he has to pay more amount and 5 C.C.No.29056/2014 Rs.1,00,00,000/- to remit Income Tax and threatened that otherwise, he will not leave him simply. When CW2 to CW6 came to pacify them, the accused persons abused them in filthy languages; threatened that if they have not paid money, they will register false cases against them; they will take away their lives; accused No.1 by holding the neck collar of CW1 voluntarily caused simple hurt by beating on his cheek with hand; accused No.3 and 4 voluntarily caused simple hurt to CW2 and CW3 by beating them on their back and shoulders with hands and threatened them to pay money. On 25.02.2014, the accused persons with an intention to cheat CW1 to CW3 have gave objections to BBMP and BMICPA not to distribute TDR Certificates of CW1 to CW3; accused No.1 called CW4 and demanded CW2 and CW4 more money from them. Thereby, the accused persons have committed the offences punishable under Sections 143, 147, 323, 384, 420, 448, 504, 506 and 511 R/w Section 149 of the Indian Penal Code.
6 C.C.No.29056/2014
3. Based on the complaint given by the complainant, the crime was registered in Crime No.78/2014 at Thyagarajanagara Police Station. During investigation, accused No.1 to 8 have appeared before this Court and enlarged on bail. On completion of the investigation, the Police Inspector of Thyagarajanagara Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 143, 147, 323, 384, 420, 448, 504, 506 and 511 R/w Section 149 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused persons. They have appeared before this Court. The copies of the Police Report and other 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 143, 448, 504, 506 and 420 R/w Section 149 of the Indian Penal Code have been 7 C.C.No.29056/2014 framed and read over to them in Kannada language. They have pleaded not guilty and claims to be tried.
4. During trial, accused No.1 was reported as dead and therefore, the case against him was abated.
5. To prove the charges framed against accused No.2 to 8, the prosecution has produced the oral evidences of PW1 and the documentary evidences in Ex.P1 to Ex.P6. After completion of the prosecution evidences, for the purpose of enabling accused No.2 to 8 personally to explain any circumstances appearing in the evidences of the prosecution against them, examined the accused No.2 to 8 under Section 313 of Cr.P.C. They have submitted that they have no defense evidence. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for accused No.2 to 8. Perused the materials available on record.
6. The points for determination are;
1. Whether prosecution has proved the offences charged against the accused No.2 8 C.C.No.29056/2014 to 8 for the offences punishable under Sections 143, 448, 504, 506 and 420 R/w Section 149 of the Indian Penal Code beyond reasonable doubt?
2. What order or sentence?
7. 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
8. POINT No.1 :- In order to prove the charges leveled against accused No.2 to 8, out of 9 witnesses cited in the Police Report by the Investigation Officer, the prosecution has produced the oral evidences of only one witness before this Court as PW1. PW1 Srinivas is the Investigation Officer of this case. The prosecution has also produced the documentary evidences Ex.P1 to Ex.P6. Among them, Ex.P1 is the Complaint in PCR No.5940/2014, Ex.P2 is the First Information Report, Ex.P3 is the Spot Mahazar, Ex.P4 is the Letter dated 08.08.2014, Ex.P5 is the Compact Disc and Ex.P6 is the CDR.
9 C.C.No.29056/2014
9. Ex.P1 is the complaint given by CW1 before this Court. It was referred to Thyagarajanagara Police for investigation and to file report under Section 156(3) of Cr.P.C. Based on the said complaint referred by this Court, the criminal case is registered as per Ex.P2. PW1 has deposed in his examination- in-chief that based on Ex.P1, he has registered the crime and forwarded the First Information Report as per Ex.P2. He has also deposed that on 22.05.2014, he visited the place of incident, conducted Mahazar as per Ex.P3 and recorded the statements of CW2 to CW6. He has also deposed in his examination-in-chief about the seizure of Compact Disc Ex.P4 and receipt of CDR as per Ex.P6. Except the above evidences, the Prosecution could not produce the evidences of CW1 to CW8 who are the complainant in PCR No.5940/2014, the injured witnesses CW2 and CW3, the eye witnesses CW5 and CW6 and the Mahazar witnesses CW7 and CW8 to prove the charges leveled against accused No.2 to 8. Under these circumstances, I am holding that the prosecution has not 10 C.C.No.29056/2014 proved the guilt of accused No.2 to 8 for the offences punishable under Sections 143, 448, 504, 506 and 420 R/w Section 149 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
10. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of accused No.2 to 8 for the offences punishable under Sections 143, 448, 504, 506 and 420 R/w Section 149 of the Indian Penal Code beyond all reasonable doubt. Therefore, accused No.2 to 8 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,
accused No.2 to 8 are hereby acquitted for the offences punishable under Sections 143, 448, 504, 506 and 420 R/w Section 149 of the Indian Penal Code.
Their bail bonds and surety bonds executed under Section 437 of Cr.P.C. 11 C.C.No.29056/2014 will be in force till appeal period and thereafter, they 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 06.10.2022) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Srinivas.
Documents marked on behalf of Prosecution :-
Ex.P1 : Complaint,
Ex.P2 : First Information Report,
Ex.P2(a) : Signature,
Ex.P3 : Spot Mahazar,
Ex.P3(a) : Signature,
Ex.P4 : Letter,
Ex.P4(a) : Signature,
Ex.P5 : Compact Disc,
Ex.P6 : CDR.
12 C.C.No.29056/2014
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.29056/2014
06.10.2022 Judgment pronounced in open Court vide separate order.
ORDERS Under Section 248(1) of Cr.P.C, accused No.2 to 8 are hereby acquitted for the offences punishable under Sections 143, 448, 504, 506 and 420 R/w Section 149 of the Indian Penal Code.
14 C.C.No.29056/2014Their bail bonds and surety bonds executed under Section 437 of Cr.P.C. will be in force till appeal period and thereafter, they shall be canceled.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.