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Bangalore District Court

The State Represented By vs A1: Sri.Athul Kotari on 7 October, 2016

                        1           C.C.No.16856/2013

IN THE COURT OF III ADDL., CHIEF METROPOLITAN
                 MAGISTRATE
              BENGALURU CITY


           Dated this 7th October 2016


     Present: Sri.S.T.Devaraja, B.Sc.,LL.B.,
                III Addl., Chief Metropolitan
                Magistrate, Bengaluru.



             C.C.No:16856/2013



Complainant :   The State represented by
                Sub-Inspector of Police,
                Kengeri Police Station,
                Bengaluru.


                (By Sr.APP, Bengaluru)
                      V/s

Accused:    A1: Sri.Athul Kotari,
                S/o Sri.Leharchand,
                Aged about 56 yrs,
                R/at:No.F-2,
                Dollars Colony,
                New Bus Stand,
                              2            C.C.No.16856/2013

                      Gokul Road,
                      Hubballi Town.


                  A2: Sri.R.V.Devendra,
                      S/o Sri.Venugopal R.
                      Aged about 32 yrs,
                      R/at:No:604, 6th Cross,
                      C.K.Nagar, Electronic City,
                      Bengaluru-60.


                  A3: Sri.Chiranjeevi,
                      S/o Sri.Harischandra,
                      Aged about 26 yrs,
                      R/at:Nettakallu Village,
                      Adhoni Mandalam,
                      Karnool District.
                      (By Sri. CDN Adv., Bengaluru)
                           ---

Case No.                   : C.C.No.16856/2013

Date of offence            : 27/1/2013

Complainant                : Sri.Nagaraja

Accused                    : As detailed above
                             3           C.C.No.16856/2013

Offence                   : U/Sec.304(A) of IPC

Charge                    : Accused persons pleaded

                           not guilty

Final order               : Acquitted

Date of order             : 7/10/2016

The brief statement
and the Reasons for the
decision                  : As follows
                          ---


                     JUDGEMENT

The Sub Inspector of Kengeri Police have filed the chargesheet against the accused persons for the offence punishable U/Sec.304(A) of IPC.

2. The brief facts of the case of the prosecution is as follows:

It is the case of the prosecution that on 27/1/2013 at about 1-40 p.m. the accused persons carrying on the construction work at Arush Arya Apartment and one 4 C.C.No.16856/2013 Smt.Renukamma was pouring the water at third floor and during the course of employment fell down, sustained severe bodily and head injury and inspite of treatment at BGS Global Hospital succumbed to the injuries. It is the case of the prosecution the accused persons have failed to provide safety measures and due to the negligence of the accused persons the said Smt.Renukamma expired. On the complaint of CW.1 by name Sri.Nagaraj the Kengeri Police have registered a case in Crime No.22/2013 and after completion of investigation filed the chargesheet.

3. The accused persons appeared before the Court and engaged the services of a counsel. The plea recorded and the accused persons pleaded not guilty.

4. Heard, perused the entire case records.

5. The only point that arises for my consideration is:

1. Whether the prosecution has proved the case 5 C.C.No.16856/2013 beyond all reasonable doubt for the offence punishable U/Sec.304(A) of IPC?

2. What Order?

6. My findings on the above points are as hereunder:

Point No.1: In the Negative Point No.2: As per final order For the following:

::REASONS::

7. Point No.1: On consideration of the materials available on record the order sheet reveals ever since from the date of framing of charges and consequent to that repeatedly summons, bailable warrant and NBW have been issued against the charge sheeted witnesses. Inspite of it the concerned investigation agency failed to secure any of the witnesses before the Court. Thereby, there is utter failure of the prosecution to prove the guilt of the accused persons. Consequently resulting in failure to prove the case beyond all reasonable doubt. No evidence is available on record. 6 C.C.No.16856/2013 Under the said circumstances, this Court has no option except to acquit the accused persons. Hence, I answer Point No.1 in the NEGATIVE.

8. Point No.2: In the result, I proceed to pass the following:

::ORDER::

Acting under Sec.255(1) of Cr.P.C.

the accused persons are hereby ACQUITTED for the offence punishable U/Sec.304(A) of IPC.

The bail bond of accused persons stand cancelled.

The accused persons are at liberty to withdraw the cash security amount of Rs.4,000/- each after appeal period. (Dictated to the stenographer on computer, transcribed by her, revised and corrected by me and then pronounced in the open Court on this the 7/10/2016).

(S.T.Devaraja), III Addl., Chief Metropolitan 7 C.C.No.16856/2013 Magistrate, Bengaluru City.

::ANNEXURE::

1. List of witnesses examined for the prosecution : NIL

2. Documents marked on the side of the prosecution : NIL

3. Material objects marked : NIL

4. Defence Evidence : NIL

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III Addl., Chief Metropolitan Magistrate, Bengaluru City.

9 C.C.No.16856/2013