Bangalore District Court
The State Of Karnataka Through vs Niharika Panthalu @ Nikitha on 31 January, 2020
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IN THE COURT OF XXIV ADDL. CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
DATED THIS THE 31st DAY OF JANUARY 2020
C.C. No.256/19
Present: SRI. BALAGOPALAKRISHNA.
XXIV ADDL. C.M.M., BENGALURU.
COMPLAINANT : The State of Karnataka through
Vijayanagar Police Station
(State by Sr. A.P.P.)
V/s.
Accused 1. Niharika Panthalu @ Nikitha,
w/o.late.Anantharamu, 25 yrs, Amulya P.G., 14th
main, M.C.Layout, Vijayanagar, Bangalore.
2. Ananda Acharya, s/o.K.V.Acharya, 42 yrs,
R/at.No.300/16, 19th main, 18th cross,
M.C.Layout, Vijayanagar, Bangalore.
3. Ravikumar, s/o.late.Puttappa, 43 yrs,
R/at.No.20, 9th cross, Magadi raod, Agrahara
Dasarahalli, Bangalore.
4. Ravikumar.B, s/o.Basavaraju, 36 yrs,
R/at.No.7/29, Ravi Nilaya, I main, I A cross,
M.C.Layout, Vijayanagar, Bangalore.
5. Manjunath Pujari.S, s/o.Durga Pujari, 48 yrs,
R/at.No.40, Shivanandanagar, Mudalapalya,
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Bangalore.
7. Manali, s/o.Nithesh Jain, 26 yrs, R/at.B2, II
floor, Shankarappa garden, 8th cross, Magadi
road, behind Metro station, Vijayanagar,
Bangalore.
8. Kumari Nikitha, s/o.Prakash Jain, 24 yrs,
R/at.No.36, 9th main, Agrahara Dasarahalli,
Bangalore.
9. Nagendra, s/o.Dyavaiah, 36 yrs, R/at.No.130,
4th main, Pattegarpalya, Bangalore.
10. Mona Patil @ Mahalakshmi, w/o.Sudhir, 30
yrs, R/at.No.250/B, I main, I cross, Royal
shelters, Devarachikkanahalli, Bannerughatta,
Bangalore.
6. Manjunatha (Investigating officer reserved his
right to file separate chargesheet against A6 after
his arrest)
DATE OF COMMENCEMENT OF : 22/12/16
OFFENCE
DATE OF ARREST OF THE : Accused No.1 to 5, 7 to 10 are on
ACCUSED bail.
OFFENCES ALLEGED : U/s.384, 323, 506 r/w.149 of IPC.
DATE OF COMMENCEMENT OF : 30/12/2019
EVIDENCE
DATE OF CLOSING OF : 30/12/2019
EVIDENCE
OPINION OF THE JUDGE : Accused No.1 to 5, 7 to 10 found
not guilty
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(Balagopalakrishna.)
XXIV A.C.M.M., BENGALURU.
JUDGMENT
The PSI of Vijayanagar Police Station has filed charge sheet against accused for the offence punishable U/s.384, 323, 506 r/w.34 of IPC.
2. The case of the prosecution in brief is as under:
It is the case of the prosecution that, the accused persons have formed unlawful assembly having common object and in furtherance of the same, they have opened an office and kept computer at I floor, BBMP office, M.C.Layout, 16th main road, Ward No.125, Vijayanagar and kept computer and made believed the public that they are collecting money to assist the blind children. It is further alleged that these accused aiming towards the Software Engineers in the name of the accused No.1, 7, 8 and 10, a sex messages were uploaded and obtained the mobile number of Software Engineers and instigated them to involve in prostitution and called them to the various places i.e., Vijayanagar post office, Metro station, Indraprastha Hotel, when the Software Engineer had been to the said places i.e., CW 1, 7, 8 and 19, at that time, accused No.6 and 9 threatened them and forcefully taken the mobile and money asking them 'do you want girl' and also keeping condom packet and putting threat to them, they have taken information about the boys where they were working and also they were taken 4 money from ATM to their account.
It is further alleged that on 22/12/16 accused No.8 chat with CW 1 and called to his mobile number 9901669421 and asked him to come near the Post office at M.C.Layout, when CW 1 came there, the accused No.8 took him to I floor, BBMP office, 16 th main raod, M.C.Layout, at that time, accused No.1 to 7, 9 and 10 were also present in the office and threatened him that 'do you want girls to enjoy', saying so, abused him in a filthy word and assaulted him with hands and caused pain, at that time, accused No.2 transferred Rs.10000/ from the account of CW1 to his account and thereby accused has committed an offence punishable U/s.384, 323, 506 r/w.34 of IPC.
3. In pursuance of the complaint given by the complainant by name Phanindran.S, the Police have registered crime in Cr.No.20/17 for the offence punishable U/s.384, 323, 506 r/w.34 of IPC. After conclusion of the investigation, the Investigating Officer has filed charge sheet against the accused for the said offence.
4. This court has taken cognizance for the offence punishable U/s.384, 323, 506 r/w.34 of IPC and issued summons to the accused and accused are on bail.
5. The copy of the charge sheet and other material documents has been supplied to the accused as required U/s. 207 of Cr.P.C. 5
6. Heard before framing charge and charges were framed for the offence punishable U/s.384, 323, 506 r/w.34 of IPC and read over and explained to the accused persons in the language known to them. Accused pleaded not guilty and claimed for trial.
7. In order to prove the case of the prosecution, the prosecution has got examined complainant as PW.1 to 4 and got marked Ex.P.1 to Ex.P.5. The prayer of the Sr. A.P.P. to issue summons to other charge sheeted witness has been rejected by this court on the ground that, PW.1, 2 and 4 being complainant/victim/material witnesses have turned hostile to the case of the prosecution and no purpose would be served if the remaining charge sheeted witnesses are examined.
8. Since there was no incriminating evidence found in the evidence of prosecution, the statement as required U/Sec.313 of Cr.P.C., is dispensed with. No defense evidence on the side of the Accused.
9. Heard both side.
10. The following point arises for my consideration:
1. Whether the prosecution proves beyond reasonable doubt that, the accused persons have formed unlawful assembly having common object and in furtherance of the same, they have opened an office and kept computer at I floor, BBMP office, M.C.Layout, 16th main road, Ward No.125, Vijayanagar and kept 6 computer and made believed the public that they are collecting money to assist the blind children, these accused aiming towards the Software Engineers in the name of the accused No.1, 7, 8 and 10, a sex messages were uploaded and obtained the mobile number of Software Engineers and instigated them to involve in prostitution and called them to the various places i.e., Vijayanagar post office, Metro station, Indraprastha Hotel, when the Software Engineer had been to the said places i.e., CW 1, 7, 8 and 19, at that time, accused No.6 and 9 threatened them and forcefully taken the mobile and money asking them 'do you want girl' and also keeping condom packet and putting threat to them, they have taken information about the boys where they were working and also they were taken money from ATM to their account, on 22/12/16 accused No.8 chat with CW 1 and called to his mobile number 9901669421 and asked him to come near the Post office at M.C.Layout, when CW 1 came there, the accused No.8 took him to I floor, BBMP office, 16th main raod, M.C.Layout, at that time, accused No.1 to 7, 9 and 10 were also present in the office and threatened him that 'do you want girls to enjoy', saying so, abused him in a filthy word and assaulted him with hands and caused pain, at that time, accused No.2 transferred Rs.10000/ from the account of CW1 to his account and thereby accused has committed an offence punishable U/s.384, 323, 506 r/w.34 of IPC ?
2. What order?
11. My answer to the above points is as under;
Point No.1 In the Negative.
Point No.2As per final order for the following; 7 REASONS
12. POINT NO.1 :
The prosecution in order to prove the guilt against the accused, the complainant himself examined as PW.1, in his examination in chief itself he has turned hostile to the case of the prosecution denying that, the accused persons have formed unlawful assembly having common object and in furtherance of the same, they have opened an office and kept computer at I floor, BBMP office, M.C.Layout, 16 th main road, Ward No.125, Vijayanagar and kept computer and made believed the public that they are collecting money to assist the blind children, these accused aiming towards the Software Engineers in the name of the accused No.1, 7, 8 and 10, a sex messages were uploaded and obtained the mobile number of Software Engineers and instigated them to involve in prostitution and called them to the various places i.e., Vijayanagar post office, Metro station, Indraprastha Hotel, when the Software Engineer had been to the said places i.e., CW 1, 7, 8 and 19, at that time, accused No.6 and 9 threatened them and forcefully taken the mobile and money asking them 'do you want girl' and also keeping condom packet and putting threat to them, they have taken information about the boys where they were working and also they were taken money from ATM to their account. PW 1 further denied that on 22/12/16 accused No.8 chat with him and called to his mobile number 9901669421 and asked him to come near the Post office at M.C.Layout, when he came there, the accused No.8 took him to I floor, BBMP office, 16th main raod, M.C.Layout, at that time, accused No.1 to 7, 9 and 10 8 were also present in the office and threatened him that 'do you want girls to enjoy', saying so, abused him in a filthy word and assaulted him with hands and caused pain, at that time, accused No.2 transferred Rs.10000/ from the account of CW1 to his account, but deposed that, since there was trivial dispute among him and the accused he has given complaint, same is marked at Ex.P.1 and signature at Ex.P1(a) and claimed his ignorance to say the contents of the same. He further denied that as shown by him, the police were drawn mahazar in his presence, but admitted his signature found on the mahazar, same is marked at Ex.P.2 and signature at Ex.P2(a) and claimed his ignorance to say the contents of the same.
PW 2 and 4 who are the victims have also turned hostile to the case of the prosecution denying that the accused persons have formed unlawful assembly having common object and in furtherance of the same, they have opened an office and kept computer at I floor, BBMP office, M.C.Layout, 16th main road, Ward No.125, Vijayanagar and kept computer and made believed the public that they are collecting money to assist the blind children, these accused aiming towards the Software Engineers in the name of the accused No.1, 7, 8 and 10, a sex messages were uploaded and obtained the mobile number of Software Engineers and instigated them to involve in prostitution and called them to the various places i.e., Vijayanagar post office, Metro station, Indraprastha Hotel, when the Software Engineer had been to the said places i.e., CW 1, 7, 8 and 19, at that time, accused No.6 and 9 threatened them and 9 forcefully taken the mobile and money asking them 'do you want girl' and also keeping condom packet and putting threat to them, they have taken information about the boys where they were working and also they were taken money from ATM to their account.
At request of learned senior APP these witnesses have been treated as hostile witnesses and permission was accorded to cross examine them. In the cross examination the learned Sr.APP suggested the case of the prosecution same is denied by the witnesses.
Though prosecution has examined Investigating officer as PW 3, his evidence is not helpful to the prosecution because the material witness PW 1 to 3 turned hostile to the case of the prosecution. In view of the above facts and circumstances this court has denied to issue summons to other charge sheeted witness since no purpose will be served.
13. On the basis of the above evidence of PW.1 to 4, the court cannot come to conclusion that, the accused persons have formed unlawful assembly having common object and in furtherance of the same, they have opened an office and kept computer at I floor, BBMP office, M.C.Layout, 16th main road, Ward No.125, Vijayanagar and kept computer and made believed the public that they are collecting money to assist the blind children, these accused aiming towards the Software Engineers in the name of the accused No.1, 7, 8 and 10, a sex messages were uploaded and obtained the mobile number of Software Engineers 10 and instigated them to involve in prostitution and called them to the various places i.e., Vijayanagar post office, Metro station, Indraprastha Hotel, when the Software Engineer had been to the said places i.e., CW 1, 7, 8 and 19, at that time, accused No.6 and 9 threatened them and forcefully taken the mobile and money asking them 'do you want girl' and also keeping condom packet and putting threat to them, they have taken information about the boys where they were working and also they were taken money from ATM to their account, on 22/12/16 accused No.8 chat with CW 1 and called to his mobile number 9901669421 and asked him to come near the Post office at M.C.Layout, when CW 1 came there, the accused No.8 took him to I floor, BBMP office, 16th main raod, M.C.Layout, at that time, accused No.1 to 7, 9 and 10 were also present in the office and threatened him that 'do you want girls to enjoy', saying so, abused him in a filthy word and assaulted him with hands and caused pain, at that time, accused No.2 transferred Rs.10000/ from the account of CW1 to his account. If really there was any incident, definitely the PW.1, 2 and 4 should have given evidence on par with the avernments made in the complaint. Here the PW.1, 2 and 4 turned hostile, in the cross examination they have categorically admitted that, they and accused have compromised the matter. That is the reason why PW.1, 2 and 4 have not given any evidence supporting the case of the prosecution. Under such circumstances the prosecution has utterly failed to prove the guilt against the accused and in my opinion it is a fit case to extend benefit of doubt to the accused. Accordingly point under reference answered 11 in the Negative.
14. POINT NO.2 :
For the aforesaid reason and discussion, I proceed to pass the following:
ORDER Acting under section 248(1) of Cr.P.C. Accused No.1 to 5, 7 to 10 are hereby acquitted for the offence punishable U/s.384, 323, 506 r/w.34 of IPC. They are set at liberty.
The bail bond executed by the accused No. 1 to 5, 7 to 10 are stands cancelled. However, Accused No. 1 to 5, 7 to 10 shall execute personal bond of Rs.50,000/ each by undertaking to appear before the appellate Court, if any appeal is filed.
It is not a fit case to award victim compensation as provided U/s.357(1) of Cr.P.C.
Property seized in PF.No.7/17, dtd: 12/1/17 amount of Rs.10000/ is confiscated to the Government, after the appeal period is over.
Property seized in PF.No.8/17, dtd: 13/1/17, if it is released in favour of the accused No.7 and 8 is made absolute after the appeal period is over.
Investigating officer is directed to return item No.1 to accused No.1 by name Niharika Panthulu as per law after the appeal period is over.
Property seized in P.F.No.9/2017 dtd: 14/1/2017. 12 Item No.1 Investigating officer is directed to return to the same to its owner.
Item No.2 worthless, ordered to be destroyed. Item No.3 and 4 ordered to be returned to its owner. Item No.5 if it is returned is made absolute. Item No.6 is worthless, ordered to be destroyed Item No.7 is confiscated to the Government and Investigating officer is directed to deposit to the Government account and produce receipt. Item No.8 released in favour of R.C.owner is made absolute.
In respect of all the said items will effect after the appeal period is over.
(Dictated to the stenographer, script transcribed by her and then corrected directly on computer and then pronounced by me in open court on this the 31st day of January 2020).
(Balagopalakrishna) XXIV A.C.M.M., BENGALURU.
ANNEXURE Witnesses examined for the Prosecution:
PW1 : Phanindra
PW 2 : Praveenkumar
PW 3 : Hanumanthu
PW 4 : Sunitha M Patil
Documents marked for the Prosecution:
Ex.P1 : Complaint
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Ex.P1(a) : Signature
Ex.P2 : Spot mahazar
Ex.P2(a) : Signature
Ex.P3 : Statement of PW 1
Ex.P.4 : FIR
Ex.P.5 :Statement of PW 4
Witnesses examined for the accused: NIL
Documents marked for the accused: NIL
(Balagopalakrishna)
XXIV A.C.M.M., BENGALURU.