Bangalore District Court
State By Cubbonpark P.S vs To 3 Are Acquitted on 2 December, 2019
IN THE COURT OF THE VIII ADDL. C.M.M., BENGALURU.
Dated this the 2nd Day of December 2019
Present: Sri.M.Mahesh Babu, B.A., LL.M.
VIII ADDL.C.M.M., BENGALURU.
C.C. NO.16387/2019
JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
1. Sl. No. of the Case 16387/2019
2. The date of commission 12/05/2019
of the offence
3. Name of the complainant State by Cubbonpark P.S.
4. Name of the accused 1. Aashiq @ Arshik s/o
Narasimgrao, aged 23 years,
r/at No.407, 6th Cross, Fars
Mallige Apartment,
Anantanagara, Huskoor Gate,
Electronic City, Bangalore.
2. Darshan s/o Basavaraju,
aged 26 years, r/at No.9, 10th
Cross, J.P.Nagara, 1st Stage,
Bangalore.
3. Arungowda s/o Shivaram,
aged 2 years, r/at No.33/40,
2nd Cross, 2nd mai, J.P.Nagara
6th Stage, Bangalore 78.
2 C.C.No.16387/2019
5. The offence complained of U/s. 324 r/w 34 of IPC
or proved
6. Plea of the accused and Pleaded not guilty
his examination
7. Final Order Acting U/sec.248(1) Cr.P.C.
accused 1 to 3 are acquitted
8. Date of such order 02122019
For the following:
JUDGMENT
This is a charge sheet submitted by Police Inspector of Cubbonpark PS against the accused 1 to 6 and for an offence Punishable U/Sec. 324 r/w 34 of IPC.
2. The case of the prosecution in brief is as under:
On 12052019 at about 5.15 p.m., at Vittal Malya Road, U.B.City, inside Shiro Bar and Restaurant the accused 1 to 3 were sitting at one table at the center of the above said bar and ordered meals, drinks and celebrating birth party, at that time the accused 1 was started to picked up quarrel with CW7 3 C.C.No.16387/2019 without any reason, the CW7 was asked the accused 1 due to the above said act, for tht the accused 1 to 3 were assaulted him with hands and thrown bottles on him and caused bleeding injuries and thereby committed the alleged offences.
3. Accused 1 to 3 were on bail. Substance of accusation was read over to the accused 1 to 3 for the offence punishable U/s. 324 r/w 34 of IPC. The accused 1 to 3 have pleaded not guilty and claimed to be tried.
4. In order to substantiate the allegation, prosecution has examined 5 witnesses as PW1 to 5 and got marked Ex.P1 to P5. The accused 1 to 3 have been questioned u/s 313 Cr.P.C.
5. Heard the arguments.
6. The point that would arise for my consideration in this case are as under:
1. Whether prosecution proves that beyond all reasonable doubts that on 12052019 at about 4 C.C.No.16387/2019 5.15 p.m., at Vittal Malya Road, UB City, inside Shiro Bar and Restaurant, within the jurisdiction of Cubbon Park PS, the accused 1 to 3 were sitting at one table at the center of the above said bar, and ordered meals, drinks and celebrating birthday party, at that time the accused 1 was started to picked up quarrel with CW7 without any reason, the CW7 was asked the accused 1 due to the above said act, for that the accused 1 to 3 were assaulted him with hands and thrown bottles on him and caused bleeding injuries and thereby committed the offences punishable u/s 324 r/w 34 of IPC?
2. What Order?
7. My findings on the above points are as under:
Point No.1 : In the Negative.
Point No.2 : As per final order,
for the following:
5 C.C.No.16387/2019
REASONS
8. Point No.1: In order to bring home the guilt of the accused 1 to 3, the prosecution has examined 5 witnesses as PW1 to 5, among them PW1 is the complainant, in his evidence he has deposed that he has not lodged complaint against the accused 1 to 3 and further stated that he does not know the contents of complaint and mahazar marked as per Ex.P1 and P2.
9. The prosecution has further examined PW2 to 5 who are the eye witnesses in their evidence they have deposed that the accused 1 to 3 have not assaulted them and not abused and they have not given any statement against the accused 1 to 3 before the police.
10. In the present case on hand, except the evidence of PW1 to 5 no other witnesses are there to prove the guilt of the 6 C.C.No.16387/2019 accused 1 to 3. Even after issuance of summons, warrants and proclamation to CW2, 8 to 17 have not secured by the prosecution, as such their evidence came to be dropped as not secured. The prayer of Sr. APP for issuance of summons to other witnesses is rejected as no purpose will be served in view of evidence of P.W.1 to 5. Accordingly, I answer point no.1 in the negative.
11. Point No.3: In the result, I proceed to pass the following:
ORDER Acting under Section 248 (1) of Cr.P.C., accused 1 to 3 are hereby acquitted of the offences punishable U/sec. 324 r/w 34 of IPC.
Bail bonds of accused 1 to 3 and their surety bond stands cancelled.7 C.C.No.16387/2019
The properties seized in this case is order to be destroy after the appeal period.
(Dictated to the stenographer directly on the computer, verified and corrected by me, then the judgment pronounced by me in the open court, on this 2 th day of December 2019.) (M.Mahesh Babu) VIII Addl. CMM, Bangalore.
ANNEXURE
1. Witnesses examined for the prosecution :
PW1 : Arjit Narayan PW2 : Anand Rajamani PW3 : Prajwal PW4 : Ajay PW5 : Aravind
2. Documents marked on behalf of the prosecution:
Ex.P1 : Complaint
Ex.P1(a) : Signature of PW1
Ex.P2 : Mahazar
Ex.P2(a) : Signature of witness
Ex.P3 : Statement of PW2
Ex.P4 : Statement of PW3
Ex.P5 : Statement of PW4
8 C.C.No.16387/2019
Ex.P6 : Statement of PW5
3. Witnesses examined for the defence:
NIL
4. Documents marked on behalf of the defence:
NIL VIII Addl. C. M. M. Bangalore.9 C.C.No.16387/2019
Judgment pronounced in the open court (vide separate order) ORDER Acting under Section 248 (1) of Cr.P.C., accused 1 to 3 are hereby acquitted of the offences punishable U/sec. 324 r/w 34 of IPC.
Bail bonds of accused 1 to 3 and their surety bond stands cancelled.
The properties seized in this case is order to be destroy after the appeal period.
VIII Addl. C. M. M. Bangalore