Bangalore District Court
Bengaluru City vs Persons Are on 8 June, 2022
C.C.No.29200/2021
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY,
BENGALURU
Dated this 8th day of June 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.29200/2021 Date of commission of the From 23.12.2021 to
2. offence (As per F.I.R.) 24.12.2021 Konanakunte Police Station,
3. Name of the complainant Bengaluru City.
1. Shivu @ Nepali, S/o Ravisingh, Aged about 22 years, R/at Kombathahalli Road, Chowdeshwari Layout, J.P.Nagar 8th Phase, Bengaluru City.
4. Name of the accused
2. Vasim Khan, S/o Nazir Khan, Aged about 28 years, R/at Seenappa Building, Nayakara Beedi, Gottigere, B.G.Road, Bengaluru City.
The offences complained Sections 384, 504, 506, 511
5. R/w Section 34 of the Indian of Penal Code.
6. Plea of the accused Pleaded not guilty 2 C.C.No.29200/2021 Accused persons are
7. Final order acquitted
8. Date of order 08.06.2022 The Police Sub-Inspector of Konanakunte Police Station, Bengaluru has filed Police Report against the above named accused persons alleging that he has committed the offences punishable under Sections 384, 504, 506, 511 R/w Section 34 of the Indian Penal Code.
2. The Prosecution case in brief is that on 23.12.2020 at 11.15 p.m. in furtherence of their common intention came to S.V.Bar and Restaurant situated near Gottigere Bus Stand within the territorial limits of Konanakunte Police Station, Bengaluru City, threatened CW1 stating that they are local boys; liquor shall be given immediately they came; money should not be asked; after consumption of liquor if they give money, then only he should receive money; if he may give complaint either to the police or anybody, they will not care; they know to go to jail and to release. They consumed alcohol till 00.05 a.m. on 24.12.2020 and by showing Machhu, 3 C.C.No.29200/2021 accused No.1 abused CW1 in filthy languages, gave life threat, went to beat the customers and demanded money of Rs.10,000/- from CW1. Thereby, the accused persons have committed the offences punishable under Sections 384, 504, 506, 511 R/w Section 34 of the Indian Penal Code.
3. Based on the First Information of CW1, the crime was registered in Crime No.297/2020 at Konanakunte Police Station. During investigation, the accused persons were arrested and produced before this Court on 28.12.2020. On 02.01.2021, they were enlarged on bail. On completion of the investigation, the Police Sub-Inspector of Konanakunte Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 384, 504, 506, 511 R/w Section 34 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 4 C.C.No.29200/2021 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 384, 504, 506, 511 R/w Section 34 of the Indian Penal Code have been framed and read over to them in Kannada language. They have pleaded not guilty and claims to be tried.
4. To prove the charges framed against the accused persons, the prosecution has produced the oral evidences of PW1 and the documentary evidences in Ex.P1 and Ex.P2. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witnesses against the accused persons, the examination of the accused persons under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for the accused persons. Perused the materials available on record.
5. The points for determination are;
1. Whether prosecution has proved the offences charged against the accused persons for the 5 C.C.No.29200/2021 offences punishable under Sections 384, 504, 506, 511 R/w Section 34 of the Indian Penal Code beyond reasonable doubt?
2. What order or sentence?
6. 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
7. POINT No.1 :- In order to prove the charges leveled against the accused persons, out of 11 witnesses cited in the charge-sheet by the investigation officer, the prosecution has produced the oral evidences of only one witness by name Ramamurthy G. as PW1. He is the First Informant, injured and Mahazar witness in this case. The prosecution has also produced the documents Ex.P1 and Ex.P2.
8. As per the case of the prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.297/2020 and on investigation, since, there are evidences collected by the investigation officer to prosecute the accused persons for 6 C.C.No.29200/2021 the offences punishable under Sections 384, 504, 506, 511 R/w Section 34 of the Indian Penal Code, the charge-sheet was filed. Though, in the First Information - Ex.P1, there are statements of PW1 with regard to the alleged incident committed by the accused persons, during trial, PW1 has denied such incident committed by the accused persons. He has deposed in his examination-in-chief that no such incdent took place as alleged in Ex.P1; he do not know the contents of Ex.P1; he signed it at Police Station and the police have not conducted any mahazar in his presence. He has been considered as hostile witness and cross-examined at the request of the prosecution. Nothing has been elicited in his cross-examination supporting the case of the prosecution.
9. Since, the First Informant and the injured witness PW1 has deposed not supporting the case of the prosecution and he has deposed in his cross-examination that he has settled the matter with the accused persons, the evidences of the other prosecution witnesses are dropped. Under these circumstances, I am holding that the prosecution has not 7 C.C.No.29200/2021 proved the guilt of the accused persons for the offences punishable under Sections 384, 504, 506, 511 R/w Section 34 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 the accused persons for the offences punishable under Sections 384, 504, 506, 511 R/w Section 34 of the Indian Penal Code beyond all reasonable doubt. Therefore, the accused persons 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, the accused persons are hereby acquitted for the offences punishable under Sections 384, 504, 506, 511 R/w Section 34 of the Indian Penal Code.
Their bail bonds and surety bonds executed under Section 437 of Cr.P.C. are are stands canceled.
8 C.C.No.29200/2021
The property seized by the Investigation officer and reported under PF No.232/2020 is ordered to confiscate to the state after appeal period.
(Typed by me in the Court Computer, printout taken, corrected and then pronounced by me in the open court on 08.06.2022) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Ramamurthy G. Documents marked on behalf of Prosecution :-
Ex.P1 : First Information,
Ex.P1(a) : Signature,
Ex.P2 : Mahazar,
Ex.P2(a) : Signature.
Material objects marked on behalf of Prosecution :-
NIL Witnesses Examined on behalf of the accused :-
NIL 9 C.C.No.29200/2021 Documents marked on behalf of the accused :-
NIL (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.10 C.C.No.29200/2021
Judgment pronounced in open Court vide separate order.
ORDERS Under Section 248(1) of Cr.P.C, the accused persons are hereby acquitted for the offences punishable under Sections 384, 504, 506, 511 R/w Section 34 of the Indian Penal Code.
Their bail bonds and surety bonds executed under Section 437 of Cr.P.C. are are stands canceled.
The property seized by the Investigation officer and reported under PF No.232/2020 is ordered to confiscate to the state after appeal period.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.