Bangalore District Court
State By vs A1. Srikanth @ Oosa on 28 March, 2022
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BANGALORE CITY.
(CCH-67)
DATED: This the 28 th day of March, 2022
PRESENT
Smt. K.KATHYAYANI, B.Com., L.L.M.,
LXVI Addl.City Civil & Sessions Judge,
Bengaluru.
SC.No.22/2018
C/W
SC.No.187/2020
COMPLAINANT : State by:
Vyalikaval Police Station,
Bengaluru.
(By Public Prosecutor)
/Vs/
ACCUSED A1. Srikanth @ Oosa,
In SC.No.22/2018: S/o Rajendra,
Aged about 25 years,
R/at No.32, 14, 2nd Main,
B.K.Nagar, Yeshwanthapura,
Bengaluru.
(By Sri.T.K.Suresh, Advocate.)
A2. Karthik @ Bathukoli,
S/o Srinivas,
Aged about 20 years,
R/at No.49, 6th Main Road,
P.G.Halli,
Bengaluru-560 056.
(By Sri.Bheemappa Talagari, Advocate.)
2
SC.No. 22/2018 &
SC.No.187/2020
A3. Jagadish,
S/o Srinivas,
Aged about 23 years,
R/at No.66/A, 1st Main Road,
PG Halli, Bengaluru.
(By Sri.T.K.Suresh, Advocate.)
A4. Vinod,
S/o Late V.Muniraju,
Aged about 22 years,
R/at No.6, 11-A Cross,
SP Layout, Malleshwaram,
Bengaluru.
(By Sri.M.N.Nehru, Advocate.)
A5. Abhilash,
S/o Suresh
Aged about 23 years,
R/at No.7/1, 11th A Cross,
SP Layout, Malleshwaram,
Bengaluru.
(By Sri.H.Jayaprakash, Advocate.)
A6. Shivashankar,
S/o Late Veerabhadra,
Aged about 18 years,
R/at No.U1, 15th Cross,
Maruthi Layout, P.G.Halli,
Bengaluru.
(By Sri.M.L.Sreenivas, Advocate.)
A7. Manjunatha @ Excel,
S/o Srinivas,
Aged about 22 years,
R/at No.212, 2nd Cross,
3rd Main, SLN Nagar,
Bommasandra Industrial Area,
Bengaluru.
(By Sri.Bheemappa Talageri, Advocate.)
3
SC.No. 22/2018 &
SC.No.187/2020
In SC.No.22/2018: A8. Charanraj @ Parade,
S/o Late Narayanaswamy,
Aged about 22 years,
R/at No.16/2B,
CK Steel, PG Halli,
Bengaluru.
(By Sri.D.S.Ramesh Reddy, Advocate.)
DATE OF:
Occurrence of offence : 07.09.2016
Commencement of trial : 30.12.2021
Closing of trial : 07.03.2022
Name of the complainant : Sri.Sridhar.K.Poojar- PSI
Offence alleged : Under Sections 399, 402
and 120-B of IPC.
Opinion of the judge : Charges leveled against
accused are not proved
Sentence or order : Acquitted
COMMON JUDGMENT
Vyalikaval police have filed the present charge sheet
against the accused in Crime No.139/2016 for the offences
punishable under Sections 399, 402 and 120-B of IPC.
2. Since both the cases are arising out of the same
crime and common evidence is recorded, both the cases
are taken together for disposal.
4
SC.No. 22/2018 &
SC.No.187/2020
3. The brief facts of the prosecution case are that;
a) On 07.09.2016 at about 6:00 p.m., A-1 to A-8 were
found in possession of deadly weapons and assembled with
common intention of committing dacoity and were
preparing for the same near Kondappa Mutt Road, VV
Puram within the jurisdiction of Vyalikaval police station.
b) Based on credible information, CW-1/
Sri.Sridhar.K.Poojar, the then Police Inspector, Vyalikaval
along with panchas CW-2/Sri.Girirajagowda and CW-
3/Sri.Nagaraja and staffs CWs-6 to 14 i.e.,
Sri.T.Venkatachalaiah/ASI, Sri.Jagannath Patil/HC-6382,
Sri.Vishwanath Gowda/HC-6371, Sri.Nagappa Nayak/HC-
6390, Sri.Ramesh Poojari/PC-12100, Sri.Mahesh/PC-
12929, Sri.Arjun Lamani/PC-11587, Sri.Basavaraj/PC-
12101 and Sri.Prasanna Kumar/HC-6262 raided the spot;
caught hold A-2 to A-8; seized deadly weapons which were
in the possession of the accused.
c) CW-1 returned to the police station and registered
the case against all the accused persons in
Cr.No.139/2016 for the offences punishable under
Sections 399 and 402 of IPC; conducted arrest procedures
5
SC.No. 22/2018 &
SC.No.187/2020
and after recording their voluntary statements, produced
A-2 to A-8 before the jurisdictional Magistrate on
08.09.2016 and the accused were remanded to judicial
custody.
4. As per the order of the Court dated 28.12.2017,
since the alleged offences were triable by the Court of
Sessions, the case against A-1 to A-8 was committed to the
Court of Sessions. Since, A-1 was in judicial custody in
some other case and was in Mandya Jail, the concerned
jail authority was directed to produce A-1 before Sessions
Court whenever directed and A-2 to A-8 were directed to
appear before the Sessions Court whenever directed.
5. After committal of the case, it was allotted to this
Court for disposal in accordance with law; A-1 was
produced from judicial custody and got enlarged on bail. A-
2 to A-8 appeared and were enlarged on committal bail.
6. Heard before charge. Charges framed and plea of
all the accused was recorded for the offences punishable
under Sections 399 and 402 of IPC. In response to which,
they pleaded not guilty and claimed to be tried by this
Court. Hence, this case was posted for trial.
6
SC.No. 22/2018 &
SC.No.187/2020
7. During the course of trial, since A-8 remained
continuously absent, case against him was split up and
registered as SC.No.187/2020.
8. The prosecution led in common evidence in both
cases and in all got examined 8 witnesses i.e., CWs-2, 3, 4,
5, 1, 15, 7 and 14 respectively as PWs-1 to 8. Got exhibited
11 documents as Ex.P-1 to 11. Got marked 9 material
objects as MOs-1 to 9 and closed its side.
9. Statement under Section 313 of Cr.P.C. was
recorded wherein all the accused have denied all
incriminating evidence adduced and produced by the
prosecution against them and they neither produced nor
adduced any evidence on their defence.
10. Heard arguments of both the sides on merits of
the case and perused the record.
11. Out of the above said facts and circumstances of
the case and the material evidence on record, the points
that arose for the due consideration of this Court are;
1. Whether the prosecution proves
beyond all the reasonable doubts that
on 07.09.2016 at about 6:00 p.m., A-1
to A-8 were found in possession of
deadly weapons and assembled with
7
SC.No. 22/2018 &
SC.No.187/2020
common intention of committing
dacoity at Kondappa Mutt Road, VV
Puram within the jurisdiction of
Vyalikaval police station and thereby
they have committed the offence
punishable under Section 402 read
with Section 34 of IPC?
2. Whether the prosecution further
proves beyond all the reasonable
doubts that on the above said date,
time and place, A-1 to A-8 with a
common intention were conspiring and
preparing themselves to commit
dacoity of public and thereby they
have committed the offence punishable
under Section 399 read with Section
34 of IPC?
3. What Order?
12. The answer of this Court to the above points are;
1. Points Nos.1 and 2 : In Negative.
2. Point No.3 : As per the final order
for the following reasons.
REASONS
13. POINTS Nos.1 AND 2:- As these points require
common discussions, to avoid repetitions and for the sake
of convenience, they are taken together for consideration.
14. As noted above, the complainant police have filed
the charge sheet against the accused for the offences
punishable under Sections 399 and 402 of IPC. So, it is the
8
SC.No. 22/2018 &
SC.No.187/2020
burden on the prosecution to prove the guilt against the
accused beyond all reasonable doubts with the material,
supportive and corroborative evidence with cogent reasons.
15. Before venturing to discuss on the evidence let in
by the prosecution, let this Court first to go through the
relevant provisions of law to know the ingredients that
attract the offences alleged i.e., Sections 399 and 402 of
IPC which are extracted here below;
"399. Making preparation to
commit dacoity.- Whoever makes any
preparation for committing dacoity,
shall be punished with rigorous
imprisonment for a term which may
extend to ten years and shall also be
liable to fine.
402. Assembling for purpose
of committing dacoity.- Whoever, at
any time after the passing of this Act,
shall be one of five or more persons
assembled for the purpose of
committing dacoity, shall be punished
with rigorous imprisonment for a term
which may extend to seven years, and
shall also be liable to fine.
16. To know the definition of dacoity, now let this
Court to go through the provision of Section 391 of IPC
which reads;
9
SC.No. 22/2018 &
SC.No.187/2020
"391. Dacoity.- When five or
more persons conjointly commit or
attempt to commit a robbery, or where
the whole number of persons
conjointly committing or attempting to
commit a robbery, and persons
present and aiding such commission
or attempt, amount to five or more,
every person so committing,
attempting or aiding is said to commit
"dacoity".
17. So, let this Court now to have a look at the
provision of Section 390 of IPC which defines robbery and
reads;
"390. Robbery.- In all robbery
there is either theft or extortion.
When theft is robbery. - Theft
is "robbery" if, in order to the
committing of the theft, or in
committing the theft, or in carrying
away or attempting to carry away
property obtained by the theft, the
offender, for the end, voluntarily
causes or attempt to cause to any
person death or hurt or wrongful
restraint, or fear or instant death or of
instant hurt, or of instant wrongful
restraint.
When extortion is robbery.-
Extortion is "robbery" if the offender,
at the time of committing the
extortion, is in the presence of the
person put in fear, and commits the
extortion by putting that person in fear
of instant death, or instant hurt, or of
10
SC.No. 22/2018 &
SC.No.187/2020
instant wrongful restraint to that
person or to some other person, and,
by so putting in fear, induces the
person so put in fear then and there to
deliver up the thing extorted.
Explanation.- The offender is
said to be present if he is sufficiently
near to put the other person in fear or
instant death, or instant hurt, or
instant wrongful restraint.
18. So, the ESSENTIAL INGREDIENTS to constitute
robbery are;
(a) either theft, or
(b) extortion.
Theft is robbery, when;
(a) The offender voluntarily causes or
attempts to cause to any person.-
(i) death, or
(ii) hurt, or
iii) wrongful restrain, or
(iv) fear of instant death, instant hurt,
or instant wrongful restraint and the
above act(s) is/are done -
(1) in order to the commission of the
theft, or
(2) in committing the theft, or
(3) in carrying away or attempting to
carry away any property obtained by
the theft.
(b) Extortion is robbery when,
11
SC.No. 22/2018 &
SC.No.187/2020
(i) At the time of committing extortion
the offender is in the presence of the
person put in fear.
(ii) The offender commits extortion by
putting that person in fear of instant
death, hurt, or wrongful restraint -
(1) to that persons, or
(2) to some other person.
(iii) By so putting such person in fear,
the offender induced the person so put
in fear then and there so deliver the
thing extorted.
19. In the present case on hand, as noted above, it is
the allegations of the prosecution that on the alleged date,
time and place, the accused by holding deadly weapons
like longs, dagger, wooden club, chilly powder packet were
assembled and conspiring to commit dacoity of the lone
passers and thereby they have committed the offences
alleged. So, the above prosecution allegations attract the
ingredients of the offences alleged.
20. As observed above, to prove its allegations, during
the trial, the prosecution in all examined 8 witnesses. Got
exhibited 11 documents and got marked 9 material objects.
21. It is stated in the charge sheet that CW-1
Sri.Sridhara K. Pujar is the then Police Inspector of
12
SC.No. 22/2018 &
SC.No.187/2020
Vyalikaval police station who received the information;
made raid; caught hold the accused; seized the properties
by conducting the mahazar; produced the accused along
with properties seized by him, the mahazar and report
before the then SHO Sri.Narayana Gowda.V./CW-15. He is
examined as PW-5 and has deposed that;
a) He was working as Police Inspector in Vyalikaval
Police Station since 27.06.2015 to 30.08.2017 and on
07.09.2016 at 6:00 p.m., when he was in the station, he
received information from the informants that around 6 to
7 persons, in Vidhyaranya Puram, on the road leads to
Kondappa Mata, near a building, gathered by holding
deadly weapons conspiring to commit docoity.
b) Immediately, he secured the presence of panchas
by name Sri.Giriraja Gowda/CW-2 and Sri.Nagaraja/CW-3
through his staffs and briefed them about the information
as well as requested them to assist for the raid and they
agreed.
c) Thereafter, he along with his staffs i.e.,
Sri.T.Venkatachalaiah, the then ASI/CW-6, HC-6382
Sri.Jagannath Patila/CW-7, HC-6371 Sri.Vishwanatha
13
SC.No. 22/2018 &
SC.No.187/2020
Gowda/CW-8, HC-6390 Sri.Nagappa Naika/CW-9, PC-
12100 Sri.Ramesh Pujari/CW-10, PC-12929
Sri.Mahesha/CW-11, PC-11587 Sri.Arjuna Lamani/CW-
12, PC-12101 Sri.Basavaraja/CW-13 and HC-6262
Sri.Prasanna Kumar/CW-14 and the panchas CWs-2 and
3 left the station in a government jeep as well as private
vehicles and went to the above spot.
d) He stopped the vehicles at a little distance and
sent Sri.Giriraja Gowda/CW-2 one of the panchas and
HC-671 Sri.Vishwanatha Gowda/CW-8 one of the staffs to
the spot to get confirmed the information.
e) CWs-2 and 8 came back and informed that there
are 8 persons having deadly weapons like long with 3
persons, a club with a person and 2 persons having
dragger and another person having chilly powder packet
with him and some of them are smoking cigarette and they
are talking that they are waiting to assault one Yogesh @
Komati, Abhi @ Chikka Abhi and others of the opposite
gang.
f) Therefore, he along with his staffs and the panchas
stated above, made the raid and successful in catching 7
14
SC.No. 22/2018 &
SC.No.187/2020
persons and one escaped from the spot and the enquiry
revealed that;
(i) The person he caught hold is Karthika @ Batukoli
who had one iron long on his hands.
(ii) The person caught hold by CW-7 is Jagadisha S/o
Srinivasa, who had one iron long on his hands.
(iii) The person caught hold by CW-8 is Vinoda S/o
V.Muniraju who had an iron knife with him.
(iv) The person caught hold by CW-13 is Abhilash S/o
Suresha who had an iron knife with him.
(v) The person caught hold by CW-11 is
Shivashankara S/o Late Sri.Veerabhadra who had an iron
long with him.
(vi) The person caught hold by CW-10 is Manjunatha
@ Excel who had chilly powder packet with him.
(vii) The person caught hold by CW-9 is Charan Raj @
Parde, who had a club with him.
g) The above persons revealed that the person ran out
is Srikantha @ Oosa and they are all involved in other
similar cases.
15
SC.No. 22/2018 &
SC.No.187/2020
h) Therefore, he seized the above properties in the
possession of the above persons by conducting the
mahazar in the presence of panchas in between 6:30 p.m.
and 8:30 p.m. with the help of CW-14 by getting typed the
mahazar in the lap top under the solar light.
i) At the time of seizure, the above properties were
kept in separate cotton bags, duly packed and sealed as
well as affixed the labels having the the signatures of the
panchas.
j) The said mahazar is the mahazar is Ex.P-1,
wherein his signature is Ex.P-1(b). The signature of pancha
by name Sri.Giriraja Gowda/CW-2 is already exhibited as
Ex.P-1(a) and the signature of another pancha
Sri.Nagaraj/CW-3 is Ex.P-1(c) and he identifies all the
above signatures.
k) He can identify the above properties if he sees
them. They are the properties at MOs-1 to 8 and he
identifies them.
l) Thereafter, he returned to the station with the
above accused and the properties; prepared his report at
Ex.P-7 and handed over the report, the mahazar at Ex.P-
16
SC.No. 22/2018 &
SC.No.187/2020
1, the properties at MOs-1 to 8 as well as the above stated
accused to the then Police Sub-Inspector Sri.V.Narayana
Gowda/CW-15 who was in charge of the Station House
Officer.
m) He can identify the above accused persons if he
sees them again and he has identified the accused persons
present in the open Court and has stated that because of
the passage of time, he does not remember their names
exactly.
22. So, CW-1 deposed supporting the prosecution in
respect of his part of investigtion on receipt of the
information. It is in his cross examination for A-5 which is
adopted by the other accused persons that;
a) He gave written notice to the panchas requesting
them to assist the raid.
b) He has denied that he has not stated the names of
the panchas in his report at Ex.P-7.
c) He can say specifically with whom the longs at
MOs-1 to 3 were. MO-1 was in the possession of accused
Karthika, MO-2 was in possession of the accused
17
SC.No. 22/2018 &
SC.No.187/2020
Jagadisha and MO-3 was in possession of the accused
Shivashankara.
d) Similarly, he can also say specifically with whom
the knives at MOs-4 and 5 were. MO-4 was with the
accused Vinoda and the MO-5 was with the accused
Abhishek.
e) He has denied that;
(i) The properties at MOs-1 to 7 were the unclaimed
properties in the station which are implicated in this case.
(ii) MOs-7 and 8 i.e., chilly powder and the cigarette
pack were also purchased and implicated in this case.
(iii) For the purpose of statistics, the present case is
registered falsely.
(iv) The accused were brought from their respective
houses and implicated in this case.
(v) The mahazar at Ex.P-1 and his report at Ex.P-7
were written in the station convenient to the case.
f) He has further deposed that he has no information
about the cases in which the accused are convicted.
23. So, apart from his evidence that he issued writtne
notice to the panchas i.e., CWs-2 and 3 nothing has been
18
SC.No. 22/2018 &
SC.No.187/2020
elicited in his cross examination to shake his supportive
evidence in the chief examination. There is no
document/the notice is exhibited for the prosecution which
supports the evidence of CW-1 that he issued written
notice to CWs-2 and 3 but the same is not fatal to the
other supportive oral evidence of CW-1.
24. The next witness examined for the prosecution is
one of the pachas to the spot and seizure mahazar at Ex.P-
1 i.e., CW-2 Sri.Giriraja Gowda. He is examined as PW-1
and has deposed that;
a) He does not know the accused persons present
in the open Court.
b) The police did not call him to the station and
took him to any raid. Around 5 years back, one day,
around 8:30 p.m., he had been to Vyalikaval police
station to enquire with regard to his two wheeler which
was towed from the park at Vyalikaval. By then, on
their request, he signed Ex.P-1, wherein his signature
is Ex.P-1(a).
c) He does not know Sri.Nagaraja/CW-2.
19
SC.No. 22/2018 &
SC.No.187/2020
d) The signatures to chits affixed to the cotton
covers over the properties at MOs-1 to 8 i.e., MOs-1(a)
to 8(a) i.e., MOs-1(b) to 8(b) are not his signatures.
e) He did not give any statement before the police
in the present crime.
25. Since, CW-2 completely turned hostile to it,
the prosecution cross examined him and suggested
that;
a) On 07.09.2016, Vyalikaval police called him
and CW-3 to the station and briefed the information
that they received credible information that around 7
to 8 persons having deadly weapons, conspiring to
commit docoity on Kondappa Mata Road, Vidhyaranya
Pura and asked to become panchas and they agreed.
b) Accordingly, they accompanied CW-1 and their
staffs i.e., CWs-6 to 14 to the raid to the above spot.
c) During the raid, they found around 8 persons
wherein the police were successful in catching the 7
persons and a person escaped from the spot.
20
SC.No. 22/2018 &
SC.No.187/2020
d) The police subjected the above 7 persons who
revealed that they are Karthika @ Batukoli, Jagadisha,
Vinoda, Abhilasha, Shivashankara, Manjunatha and
Charan Raju from whose possession, the police seized
3 longs, 2 knives, one wooden club, a chilly powder
packet and a cigarette packet at MO-1 to 7 shown to
him.
e) While seizing MOs-1 to 7, the police kept the
same in cotton clothe bags/covers, tied and stitched,
duly packed and sealed with English letter "K", affixed
the labels having signatures of himself, CWs-1 and 3.
f) The police while seizing MOs-1 to 7, conducted
the mahazar, got it prepared over the lap top and took
the printout, after reading over the contents therein,
they signed the said mahazar at Ex.P-1 and saying the
above facts, he gave the statement before the IO as per
Ex.P-2.
21
SC.No. 22/2018 &
SC.No.187/2020
26. So, CW-2 completely hostile to the
prosecution and thus, there is no cross examination to
CW-2 for the accused.
27. The other pancha to Ex.P-1 i.e., CW-3
Sri.Nagaraj is examined as PW-2 and he has deposed
that;
a) He does not know the accused persons
present in the open Court.
b) On 06.07.2016, in the evening, when he was
returning to the home from the college, near a bakery
back side Vyalikaval police station, the police called
him and took his signature to Ex.P-1, wherein his
signature is Ex.P-1(b).
28. The other portion of his evidence is similar to
the evidence of CW-2 noted above and thus, he also
turned completely hostile to the prosecution and there
is no cross examnation for him as well on behalf of the
accused.
22
SC.No. 22/2018 &
SC.No.187/2020
29. The next witness examined is CW-4
Sri.Bharath who is one of the panchas to the seizure
mahazar of the knife at MO-8 i.e., Ex.P-4. He is
examined as PW-3 and has deposed that;
a) He does not know the accused persons present
in the open Court.
b) Around 5-6 years back, one day, in the
evening, he was playing Cricket with his friends in
Vyalikaval ground. By that time, the police came over
to the said ground and took his signature to Ex.P-4,
wherein his signature is Ex.P-4(a).
c) By that time, the police did not seized anything
in his presence, much less the knife. He did not see
any person by name Sri.Srikanta @ Oosa.
d) The chit at MO-9(a) shown to him bears his
signature at MO-9(b).
e) He did not give any statement before the police
in the present crime.
23
SC.No. 22/2018 &
SC.No.187/2020
30. Since, he turned completely hostile, the
prosecution subjected him to the cross examination
and suggested its case that;
a) On 10.09.2016, Vyalikaval police called him
and Sri.Pavan/CW-5 to the station and briefed the
information about the case and shown a person by
name Sri.Srikanta @ Oosa who is the accused in this
case.
b) The above accused told that the knife at MO-9
shown to him was used for commission of offence
which was thrown in LPO Ground and if he is taken to
the said ground, he will produce the said knife.
c) Accordingly, the police took him and CW-5 with
them and went to the above ground as led by the above
accused, wherein the above accused searched the
above knife in a garbage thrown in the said ground
and produced the same.
d) Accordingly, the police by conducting the
mahazar at Ex.P-4 in their presence in between 09:00
24
SC.No. 22/2018 &
SC.No.187/2020
a.m. and 09:30 a.m., seized the above knife, put it in a
cotton cover/bag, affixed the label having the
signatures of himself, CW-5 and the IO, duly packed
and sealed the above cover.
e) After reading over the contents of mahazar at
Ex.P-4, he and CW-5 signed the mahazar and saying
the above facts, he gave statement before the IO as per
the statement at Ex.P-5.
31. As CW-4 completely turned hostile to the
prosecution, there is no cross examination to him for
the accused.
32. The other witness examined for the
prosecution is the other pancha to Ex.P-4 Sri.Pavan
i.e., CW-5 who is examined as PW-4 and has deposed
that he does not know the accused persons present in
the open Court. But, he knows Sri.Bharath/CW-4.
33. His other portion of evidence is similar to the
evidence of CW-4 noted above and he has also denied
his signature over the lable at MO-9(a) which is
25
SC.No. 22/2018 &
SC.No.187/2020
exhibited as MO-9(c). There is no cross examination to
him as well for the accused as he also turned
completely hostile to the prosecution.
34. The next witness examined for the
prosecution is CW-7 Sri.Jagannatha Patil the then HC-
6382 assisted CW-1 in the raid. He is examined as PW-
7 and has deposed that;
a) He was working as HC-6382 in Vyalikaval
police station since November-2015 to June-2021.
b) On 07.09.2016, around 6:15 p.m., he was on
duty in Crime Section. At that time, the then Police
Inspector Sri.Sridhar Pujar/CW-1 called him, the then
HC Sri.Vishwanatha Gowda, Sri.Nagappa Naika, PC
Sri.Ramesh Pujari, Sri.Mahesh, Sri.Arjuna Lamani,
Sri.Basavaraj and Sri.Prasanna Kumar and also 2
pachans by name Sri.Giriraja Gowda and Sri.Nagaraja
to the station.
c) CW-1 has intimated that he has received the
information that around 5 to 6 persons having deadly
26
SC.No. 22/2018 &
SC.No.187/2020
weapons assembled on Kondappa Mata Road,
Vidhyaranya Puram with an intention to commit
dacoity of the passers.
d) Hence, on his direction, all of them along with
CW-1 left the station at 6:20 p.m. in a private and a
government vehicles to the above spot; stationed the
vehicles at a distance; observed the spot near by a
building.
e) CW-1 sent HC Sri.Vishwanatha Gowda and one
of the panchas Sri.Giriraja Gowda to hear the
conversation of 8 persons who were assembled in the
spot.
f) Accordingly, Sri.Vishwanatha Gowda and
Sri.Giriraja Gowda went to the spot and returned back
around 6:30 p.m. and told that the said 8 persons
conversing that the opposite gang Yogesh @ Komati,
Abhi @ Chikka Abhi and others were expecting to move
over the said road and by assaulting them, they
intended to rob the things with them.
27
SC.No. 22/2018 &
SC.No.187/2020
g) So, on the directions of CW-1, we covered all
the above 8 persons from all the 4 directions and we
succeeded to catch 7 persons amongst 8 persons and
one person escaped and the enquiry with the said
persons revealed that;
(i) The person he caught hold is Jagadisha, who
had a long of 2 feet in his hands.
(ii) The person caught hold by CW-1 is Kartika,
who had a 2 feet long with him.
(iii) The person caught hold by Sri.Vishwanatha
Gowda/CW-8 is Vinoda, who had a dragger with him.
(iv) The person caught hold by Sri.Basavaraj/CW-
13 is Abhilasha, who had a dragger with him.
(v) The person caught hold by Sri.Mahesha/CW-
11 is Shivashankara, who had a long in his hands.
(vi) The person caught hold by Sri.Nagappa
Naik/CW-9 is Charan, who had a club in his hands.
28
SC.No. 22/2018 &
SC.No.187/2020
(vii) The person caught hold by Sri.Ramesh
Poojari/CW-10 is Manjunatha, who had a chilly pocket
powder with him.
h) The enquiry also revealed that the person
escaped from the spot is Srikantha @ Oosa.
i) CW-1 seized the above properties by conducting
the mahazar in the presence of panchas. CW-1 got
typed the mahazar by Sri.Prasanna Kumara/CW-14
over the lap top.
j) At the time of seizure, all the above properties
kept separately in cotton covers, duly packed and
sealed with the English letter "K".
k) CW-1 returned with them, the above accused
persons and the properties to the station at 8:45 p.m.,
for further auction.
l) He can identify the above accused persons and
the properties.
29
SC.No. 22/2018 &
SC.No.187/2020
m) On 10.09.2016, in this crime, he was deputed
in search of the absconding accused Srikantha @ Oosa
along with PC-12100 Sri.Ramesh Pujar/CW-10.
n) Accordingly, around 7:00 a.m., they left the
station and on the information furnished by the
informants, took the above accused into their custody
near Ayyappa Temple, Malleshwaram.
o) Brought the above accused to the station and
produced before the then Police Sub-Inspector
Sri.V.Narayana Gowda/CW-15 at 7:30 a.m., along with
his report at Ex.P-10, wherein his signature is Ex.P-
10(b).
p) The accused persons present in the open Court
are the said accused persons and he identified all the
accused specifically with their names.
q) He has also identified the properties at MOs-1
to 8 as the properties seized from the accused persons
under the mahazar in the spot.
30
SC.No. 22/2018 &
SC.No.187/2020
35. In his cross examination for the accused, he
has denied that no information was received and they
did not visit any spot as he has stated and Kondappa
Mata Road is a busy road. However, he has admitted
that normally 6:30 p.m., is a dusk time.
36. He has also stated in his cross examination
that;
a) The panchas were called by CW-1 and secured
in the station.
b) He does not remember the registration
numbers of the vehicles in which they proceeded to the
spot. But the said vehicles are one is Mahindra Jeep
i.e., the Government vehicle and another one is Bolero
i.e., the private vehicle.
c) He has admitted that there is no mention of the
nature of vehicles in his statement, but has denied
that;
(i) Whatever he has stated with regard to the
alleged raid and seizure of properties from the accused
31
SC.No. 22/2018 &
SC.No.187/2020
persons are all false and nothing was seized from the
accused persons, despite of that on the instance of
higher officers, he gave false evidence.
(ii) The accused persons were brought from their
respective houses and were falsely implicated in the
case.
(iii) All the properties are created and implicated
for the sake of the case.
(iv) Whatever he has stated in Ex.P-10 are all
false and A-1 was not secured by them as stated in
Ex.P-10 and that is why there is no mention of the
alleged spot in Ex.P-10 i.e., near Ayyappa Temple,
Malleshwaram where A-1 alleged to be secured.
(v) The present case is registered for the purpose
of statistics.
(vi) He saw all the accused persons 1st time today
only in the open Court.
37. So, the sum and substance of the evidence of
CW-7 clearly is in support of the oral evidence of CW-1
32
SC.No. 22/2018 &
SC.No.187/2020
in respect of the raid; covering and catching the
accused persons; seizing the properties at MOs-1 to 8
from A-1 to A-7 in the spot by conducting the mahazar
at Ex.P-1. In addition, he has also stated that the
mahazar was got written down through CW-14 and
thereby his evidence is in support of the prosecution in
that regard.
38. The next witness examined is CW-14
Sri.Prasanna Kumar the then HC-6262 who assisted
CW-1 in the raid and typed the mahazar at Ex.P-1 over
laptop. He is examined as PW-8 and has deposed that;
a) He was working as HC-6262 in Vyalikaval
police station since 2015 to 2021.
b) On 07.09.2016, around 6:00 p.m., he was in
the station. At that time, the then Police Inspector
Sri.Sridhar Pujar/CW-1 called him, the then Assistant
Sub-Inspector Sri.T.Venkatachalaiah HC
Sri.Vishwanatha Gowda, Sri.Nagappa Naika, PC
Sri.Ramesh Pujari, Sri.Mahesh, Sri.Arjuna Lamani and
33
SC.No. 22/2018 &
SC.No.187/2020
Sri.Basavaraj to the station and told to be ready for a
raid.
b) Thereafter, around 6:15 p.m., he called 2
pachans by name Sri.Giriraja Gowda and Sri.Nagaraja
to the station and introduced the panchas to them and
intimated that he has received the information that
around 5 to 6 persons having deadly weapons
assembled on Kondappa Mata Road, Vidhyaranaya
Puram with an intention to commit docoity of the
passers.
c) Hence, on his direction, all of them along with
CW-1 left the station at 6:20 p.m., in a private and a
government vehicles to the above spot; stationed the
vehicles at a distance; observed the spot near by a
building.
d) CW-1 sent HC Sri.Vishwanatha Gowda and
one of the panchas Sri.Giriraja Gowda to hear the
conversation of 7 to 8 persons who were assembled in
the spot.
34
SC.No. 22/2018 &
SC.No.187/2020
e) Accordingly, Sri.Vishwanatha Gowda and
Sri.Giriraja Gowda went to the spot and returned back
within 5 minutes and told that the said 7 to 8 persons
conversing that the opposite gang Komti, Chikka Abhi
and others were expecting to move over the said road
and by assaulting them, they intended to rob the
things with them.
f) So, on the directions of CW-1, they covered all
the above 7 to 8 persons from all the 4 directions. The
ASI Sri.Venkatachalaiah chased one person and the
enquiry revealed that;
(i) The person caught hold by Sri.Jagannatha
Patila is Jagadisha, who had a long of 2 feet in his
hands,
(ii) The person caught hold by CW-1 is Kartika,
who had a 2 feet long with him.
(iii) The person caught hold by Sri.Vishwanatha
Gowda/CW-8 is Vinoda, who had a knife with him.
35
SC.No. 22/2018 &
SC.No.187/2020
g) He does not remember the names of the other
accused persons caught hold by the other staffs and
the enquiry also revealed that the person escaped from
the spot is Srikantha @ Oosa.
h) CW-1 seized the above properties ie., longs,
knives, chilly powder pocket by conducting the
mahazar in the presence of panchas.
i) CW-1 measured the weapons. The 3 longs were
of 2 feet, the knife was one feet, the club was 2½ feet
and a chilly powder pocket.
j) At the time of seizure, all the above properties
were kept separately in cotton covers, duly packed and
sealed with the English letter "K". The proceedings
were taken place in between 6:30 p.m. and 8:30 p.m.
k) On the dictation of CW-1, he typed the
mahazar over the lap top and took the printout of the
mahazar.
l) CW-1 returned with them, the above accused
persons and the properties to the station around 8:30
36
SC.No. 22/2018 &
SC.No.187/2020
to 8:45 p.m., for further auction, produced them along
with his report before the then Police Sub-Inspector
Sri.Narayana Gowda/CW-15.
m) He can identify the above accused persons
and the properties and he identified the accused
persons in the open Court and the properties at MOs-1
to 7 as the properties seized from the accused persons
under the mahazar in the spot.
39. It is in his cross examination for the accused
that;
a) On 07.09.2016, he was working as writer in
Vyalikaval police station and has admitted that;
(i) Normally the duty of writer would be in the
police station.
(ii) On that day also, he was in the station and he
did not go out, but has denied that he gave false
evidence that around 7 to 8 persons gathered in the
alleged spot and conversing to commit rob of the
37
SC.No. 22/2018 &
SC.No.187/2020
opposite gang people i.e., Kamati, Chikka Abhi and
others.
40. He has also stated in his cross examination
for the accused that;
a) The government jeep was Bolero jeep. He went
in Bolero jeep with CW-1 and the others came over the
two wheelers as there was non availability of the seats
in the Bulero. There was only one 4 wheeler went for
raid.
b) He has denied that;
(i) None of the accused were in the spot and
nothing was been seized from their possession as he
has stated.
(ii) Kondappa Mata road is a busy road.
(iii) He was in the station and he did not go for
any raid.
(iv) Since he was working as a writer, he was
required to be in the station. At this stage, he has
38
SC.No. 22/2018 &
SC.No.187/2020
voluntarily stated that to prepare mahazar, he was
taken by CW-1 to the spot.
(v) Conveniently, the police papers were prepared
in the station.
(vi) Whatever he has stated with regard to the
alleged raid and seizure of properties from the accused
persons are all false and nothing was seized from the
accused persons, despite of that, on the instance of
higher officers, he gave false evidence.
(vii) The accused persons were brought from their
respective houses and were falsely implicated in the
case.
(viii) All the properties are created and implicated
for the sake of the case.
(ix) The present case is registered for the purpose
of statistics.
(x) He saw all the accused persons 1 st time today
only in the open Court.
39
SC.No. 22/2018 &
SC.No.187/2020
41. So, the sum and substance of the evidence of
CW-4 is also in support of CW-1 in respect of his
assistance to CW-1 in the raid; they observing the
movement of accused persons in the spot; the
confirmation of the talks between the accused persons
by CW-2 and 7; covering and catching of the accused
persons, seizing of properties at MOs-1 to 8 from A-1
to A-7 under the mahazar at Ex.P-1; his preparing the
mahazar on the dictation of CW-1 and taking out of
the print out of the same is in support of the oral
evidence of CWs-1 and 4.
42. But, though in his chief evidence he has
stated that they went to the spot in a government and
a private vehicle, in his cross-examination he has
stated that he went with CW-1 in Bolero Jeep and the
others came over in two wheelers because of the non
availability of the seats in the Bolero and the only one
four wheeler was left to the raid, which is very much
40
SC.No. 22/2018 &
SC.No.187/2020
contradictory to the evidence of CWs-1 and 7 and
thereby creating a doubt about the raid.
43. The last witness is CW-15 Sri.V.Narayana
Gowda, the then Police Sub-Inspector who filed the
charge sheet. He is examined as PW-6 and has
deposed that;
a) He was working as Police Sub-Inspector in
Vyalikaval police station since 2014 to 2017.
b) On 07.09.2016, around 8:45 p.m., he was in
charge of SHO. By that time, the then Police Inspector
Sri.Sridhar K.Pujar/CW-1 came to the station with 7
accused persons.
c) CW-1 prepared his report at Ex.P-7, handed
over the above 7 accused persons by name Karthika,
Vinod, Abhilash, Jagadish, Shivashankar, Manjunatha
and Charan Raj along with the mahazar.
d) It is stated in the report of CW-1 at Ex.P-7
that;
41
SC.No. 22/2018 &
SC.No.187/2020
(i) On 07.09.2016, around 6:00 p.m., when he
was in the station, he received information from the
informants that around 6 to 7 persons, in Vidhyaranya
Pura on the road leads to Kondappa Mata, near a
building, gathered by holding deadly weapons
conspiring to commit dacoity.
(ii) Immediately, he secured the presence of
panchas by name Sri.Giriraja Gowda/CW-2 and
Sri.Nagaraja/CW-3 through his staffs and briefed them
about the information as well as requested them to
assist for the raid and they agreed.
(iii) Thereafter, he with their staffs ie.,
Sri.T.Venkatachalaiah, the then ASI/CW-6, HC-6382
Sri.Jagannath Patila/CW-7, HC-6371 Sri.Vishwanatha
Gowda/CW-8, HC-6390 Sri.Nagappa Naika/CW-9, PC-
12100 Sri.Ramesh Pujari/CW-10, PC-12929
Sri.Mahesha/CW-11, PC-11587 Sri.Arjuna
Lamani/CW-12, PC-12101 Sri.Basavaraja/CW-13 and
HC-6262 Sri.Prasanna Kumar/CW-14 and the
42
SC.No. 22/2018 &
SC.No.187/2020
panchas CWs-2 and 3 left the station in a government
jeep as well as private vehicles and went to the above
spot.
(iv) He stopped the vehicles at a little distance
and sent CWs-2 and 7 to the spot and after getting
confirmed about the information; he raided the spot;
caught hold the above accused persons and seized the
properties in their possession by conducing the
mahazar at Ex.P-1.
d) He has also produced 3 iron longs, 2 knives,
one chilly powder packet and a cigarette packet along
with his report.
e) Accordingly, he registered the case in Crime
No.139/2016 for the offences under Sections 399 and
402 read with Section 120-B of IPC and prepared the
FIR at Ex.P-8, wherein his signature is Ex.P-8(a).
f) He sent the above FIR to the jurisdictional
Magistrate and the copies thereof to his higher officers.
43
SC.No. 22/2018 &
SC.No.187/2020
g) Thereafter, he subjected the above accused
persons to the arrest procedures and recorded their
voluntary statements.
h) He mentioned the above properties into the
PF.No.62/2017 at Ex.P-9, wherein his signature is
Ex.P-9(a). He submitted the above PF before the
jurisdictional Magistrate and obtained the permission
to retain the properties.
i) He can identify the above properties if he sees
them again and the said properties are MOs-1 to 8.
j) Thereafter, he recorded the statements of the
panchas and the their staffs assisted CW-1 in the raid.
CWs-2 and 3 the panchas gave statements before him
as per Ex.P-2 and 3 respectively.
k) On the next day, after subjecting the above
accused to the medical examination, he produced
them before the jurisdictional Magistrate under
remand application.
44
SC.No. 22/2018 &
SC.No.187/2020
l) Thereafter, on 10.09.2016, he sent the then
HC-6382 Sri.Jaganath Patil/CW-7 and PC-12100
Sri.Ramesh Pujari/CW-10 in search of the accused
and around 7:30 a.m., they returned back with the
accused by name Srikantha @ Oosa and produced the
said accused before him with the report of CW-7 at
Ex.P-10, wherein his signature is Ex.P-10(a).
m) He subjected the above accused person to the
arrest procedures and recorded his voluntary
statement wherein he has admitted his involvement
and stated that while escaping from the spot, he
thrown the knife he had in his hands in the LPO
ground and he will show it if he is taken with them.
n) Accordingly, he secured the panchas by name
Sri.Bharath/CW-4 and Sri.Pavan/CW-5 in the station,
shown them the above accused Srikantha @ Oosa,
briefed them about the voluntary statement of the
above accused and asked them to assist them to
45
SC.No. 22/2018 &
SC.No.187/2020
conduct the mahazar and to seize the weapon for
which they agreed.
o) Therefore, he left the station along with the
above accused Srikantha @ Oosa, the panchas CWs-4,
5 and his staffs to the spot as led by the accused
Srikantha @ Oosa ie., LPO Ground, Vyalikaval,
wherein the accused searched the knife in the garbage
put on the LPO ground and produced a knife used for
commission of offence.
p) Accordingly, by conducting the mahazar in the
presence of the panchas in between 9:00 a.m. and
9:30 a.m., seized the said knife, put it in a cotton
cover, duly packed and sealed and affixed the label
having signatures of panchas and himself.
q) He got typed the mahazar in the laptop with
the assistance of the then HC-6262 Sri.Prasanna
Kumar/CW-14 and after reading over the contents
therein, he obtained the signatures of CWs-4 and 5 to
the said mahazar at Ex.P-4, wherein his signature is
46
SC.No. 22/2018 &
SC.No.187/2020
Ex.P-4(c). The signatures of CWs-4 and 5 are already
exhibited as Ex.P-4(a) and 4(b). He identifies the said
signatures.
r) After returning to the station, he mentioned the
said knife to PF.No.63/2016 at Ex.P-11, wherein his
signature is Ex.P-11(a). He submitted the above PF to
the jurisdictional Magistrate and obtained the
permission to retain the knife in the station.
s) He can identify the above knife if he sees it
again and the said knife is MO-9 and his signature
over the label is MO-9(d). The signatures of CWs-4 and
5 are already marked as MOs-9(b) and 9(c) and he
identifies them.
t) After completion of the procedures and
subjecting him to the medical examination, he
produced the accused Srikantha @ Oosa under
remand warrant before the jurisdictional Magistrate.
u) By that time, since the investigation was over
and there were prima facie materials against the
47
SC.No. 22/2018 &
SC.No.187/2020
accused, he prepared the charge sheet and submitted
on 07.02.2017.
v) He can identify the above accused if he sees
them again. Apart from the accused Srikantha @ Oosa,
all the other accused are present in the open Court
and because of passage of time, he cannot identify
them specifically with their names.
44. It is in his cross examination for the accused
that;
a) On 07.09.2016, he was in charge of SHO from
7:00 a.m. to 9:00 p.m., CW-1 did not intimate him
before proceeding to the raid.
b) He came to know about the raid at 8:30 p.m.
when CW-1 brought the accused to the station. He
registered the case at 8:45 p.m.
c) To the question that why there is delay of 15
minutes in registering the case, he has answered that
since, there were 8 accused, it took time to enquire
them and to written their names and addresses.
48
SC.No. 22/2018 &
SC.No.187/2020
d) He took 15 minutes to written their names.
e) He did not visit the spot in the course of his
investigation.
f) In the mahazar at Ex.P-4, he mentioned the
length of the knife, but not the width.
g) He did not issue written notice to CWs-4 and 5.
45. In his cross examination for the accused, CW-
15 has denied that;
a) He did not secure the presence to the CWs-4
and 5 either to the station or took them to the alleged
spot and took their signatures to the blank papers.
b) He did not record statements of any witnesses,
did not mention any properties to the PFs and he gave
false evidence.
c) All the properties are created and implicated in
the case, nothing has been seized by any of the
accused as he has stated.
49
SC.No. 22/2018 &
SC.No.187/2020
d) The chilly powder packet at MO-7 is created
one that is why the portion of the manufacturing and
expiry date is torn in the said packet.
e) The present charge sheet is filed for the sake of
statistic purpose and to substantiate the same, he
gave false evidence.
46. In his cross examination for the accused, CW-
15 has also deposed that;
a) He entered the names of all the accused in the
PSR register.
b) To the question that there is no nexus between
the accused persons and the names referred in the
complaint as the opposite gang, he has answered that
they have also stated about the names of the persons
of the opposite gang in their voluntary statements.
c) However, he has admitted that;
(i) In both the PFs only the length of the
properties are stated and not the other descriptions.
50
SC.No. 22/2018 &
SC.No.187/2020
(ii) He cannot specifically identify A-2, A-7 and A-
8 with their names.
47. So, the sum and substance of the evidence of
CW-15 is of course in support of the prosecution in respect
of his part of investigation. But, CW-14 in his evidence has
not stated anything in respect of his presence at the time of
the seizure of the knife at MO-9 and preparing the
mahazar at Ex.P-4 on the dictation of CW-15. Thus, the
evidence of CW-15 is not supported by CW-14 with regard
to Ex.P-4 and the seizure of MO-9.
48. As noted above, the panchas i.e., CWs-4 and 5
completely turned hostile to the prosecution. Thus, there is
no supportive evidence to the oral evidence of CW-15 in
respect of the seizure mahazar at Ex.P-4, the seizure of
MO-9 and its identification.
49. Of course the evidence of CW-15 is supported by
the evidence of CW-7 in respect of CW-7 and CW-10
bringing the accused Srikantha @ Oosa and producing him
before CW-15 with the report of CW-7 at Ex.P-10.
51
SC.No. 22/2018 &
SC.No.187/2020
50. However, from the above evidence, in view of
CWs-2 and 3 remaining completely hostile, there is no
supportive evidence to the oral evidence of CWs-1, 7 and
14 from the mouth of the independent witnesses in respect
of the raid, arrest of A-1 to A-7, seizure of MOs-1 to 8 by
conducting the mahazar at Ex.P-1 and there is
contradiction in the evidence of CW-14 when compared to
the evidence of CWs-1 and 7 in respect of the nature of
vehicles went for raid as noted above.
51. Therefore, in view of all the independent
witnesses i.e., CWs-2 to 5 turning hostile to the
prosecution, and thus, no supportive evidence of the
independent witnesses in respect of Ex.P-1 and in view of
CW-14 not deposing anything in respect of Ex.P-4 and
seizure of knife at MO-9, there is no supportive evidence to
the oral evidence of CW-15.
52. Thus, the prosecution has failed to bring home
the guilt of A-1 to A-8 beyond all shadow of doubts for the
offences alleged. Accordingly, these points are answered in
negative.
52
SC.No. 22/2018 &
SC.No.187/2020
53. POINT No.3:- In view of the findings to above
points and for reasons discussed above, this Court
proceeds to pass following order.
ORDER
Acting Under Section 235(1) of Cr.P.C A-
1 to 7 in SC.No.22/2018 and A-8 inSC.No.187/2020 are hereby acquitted for the offences punishable under Sections 402 and 399 and 120-B of IPC.
The bail bonds and the surety bonds if any executed by and on behalf of A-1 to A-8 shall be canceled after lapse of appeal period.
MOs-1 to 9 being worthless are ordered to be destroyed after the appeal period.
Office is directed to keep the original judgment in SC.No.22/2018 and the copy there of in SC.No.187/2020.
(Dictated to the Judgment Writer directly on computer, corrected by me and then pronounced in the open Court on this the 26th day of March, 2022).
(K. KATHYAYANI ), LXVI Addl.CC & SJ, Bengaluru.
-:ANNEXURE:-
LIST OF WITNESSES EXAMINED BY THE PROSECUTION:-
PW.1 Sri.Giriraja Gowda PW.2 Sri.Nagaraju PW.3 Sri.Bharath 53 SC.No. 22/2018 & SC.No.187/2020 PW.4 Sri.Pavan PW.5 Sri.Sridhar K Pujar PW.6 Sri.V.Narayana Gowda. PW.7 Sri.Jagannatha Patila PW.8 Sri.Prasanna Kumar LIST OF WITNESS EXAMINED FOR DEFENCE :-
- None -
LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION :-
Ex.P-1 Spot Mahazar
Ex.P-1(a) Signature of PW-1
Ex.P-1(b) Signature of PW-2
Ex.P-1(c) Signature of PW-5
Ex.P-2 Statement of PW-1
Ex.P-3 Statement of PW-2
Ex.P-4 Seizer Mahazar
Ex.P-4(a) Signature of PW-3
Ex.P-4(b) Signature of PW-4
Ex.P-4(c) Signature of PW-6
Ex.P-5 Statement of PW-3
Ex.P-6 Statement of PW-4
Ex.P-7 Report of PW-5
Ex.P-7(a) Signature of PW-5
Ex.P-7(b) Signature of PW-6
Ex.P-8 FIR
Ex.P-8(a) Signature of PW-6
Ex.P-9 PF Form 62/2016
Ex.P-9(a) Signature of PW-6
Ex.P-10 Report of PW-6
Ex.P-10(a) Signature of PW-6
54
SC.No. 22/2018 &
SC.No.187/2020
Ex.P-11 PF Form No.63/2016
Ex.P-11(a) Signature of PW-6
LIST OF DOCUMENTS EXHIBITED FOR DEFENCE :-
- Nil -
LIST OF MATERIAL OBJECTS MARKED FOR PROSECUTION:
MO-1 to 3 : Iron Longs MO-1(a) to 8(a) : Chits MO-1(b) to 8(b) : Signatures of PW-1 MO-1(c) to 7(c) : Signatures of PW-2 MO.4 & 5 : Daggers MO.6 : Wooden Club MO.7 : Chilly Powder Packet MO.8 : Cigarette Pack MO.9 : Dagger MO-9(a) : Chit MO-9(b) : Signature of PW-3 MO-9(c) : Signature of PW-4 MO-9(d) : Signature of PW-6 LIST OF MATERIAL OBJECTS MARKED FOR DEFENCE:
- Nil -
(K. KATHYAYANI ), LXVI Addl.CC & SJ, Bengaluru. 55 SC.No. 22/2018 & SC.No.187/2020 The accused Nos.1 to 7 are present.
The Judgment is pronounced in the open Court (vide separate Order).
ORDER Acting Under Section 235(1) of Cr.P.C A-1 to 7 in SC.No.22/2018 and A-8 in SC.No.187/2020 are hereby acquitted for the offences punishable under Sections 402 and 399 and 120-B of IPC.
The bail bonds and the surety bonds if any executed by and on behalf of A-1 to A-8 shall be canceled after lapse of appeal period.
MOs-1 to 9 being worthless are ordered to be destroyed after the appeal period.
56 SC.No. 22/2018 & SC.No.187/2020 Office is directed to keep the original judgment in SC.No.22/2018 and the copy there of in SC.No.187/2020.
LXVI Addl.CC & SJ, Bengaluru