Bangalore District Court
Vidya vs M.S. Chand Pasha Alias Chandru on 13 February, 2024
Digitally
signed by H
K UMESH
HK
UMESH Date:
2024.02.15
KABC030873922021 16:27:14
+0530
IN THE COURT OF VII ADDL.CHIEF METROPOLITIAN
MAGISTRATE, BENGALURU.
Dated this the 13th day of February, 2024 .
Present : Sri.Umesha H.K. B.A.,LLB.
VII Addl. C.M.M., Bengaluru.
JUDGMENT U/s 355 of Cr.P.C
C.C.No. 33174/2021
Complainant : State by Rajagopalnagar Police Station.
(By Sr.Asst. Public Prosecutor)
V/s
Accused Nos. 1 M.S. Chand Pasha @ Chandru
34 Years,
R/at: C/o. Rajeshwari, near Amogha Hotel
Parvathinagara,
Laggere, Bengaluru.
Permanent Address-
Manikere Village,
Kalakere Post,
Honavalli Hobli,
Tipaturu Taluk,
Tumkur Dist.
2 C.C.No.33174/2021
Date of occurrence of offence 23.08.2021
Date of report of offence 28.08.2021
Name of the Complainant Kum.Vidya
Date of Commencement of recording Evidence 08.02.2024
Date of Closing of Evidence
Offences complained of U/s. 354, 342, 343 of IPC.
Opinion of the Judge Accused found not guilty.
CW.12 P.S.I., of Rajagopalnagar Police Station
has filed charge sheet against the accused for the
offences punishable U/s. 354, 342, 343 of IPC.
2. Brief case of the prosecution is as under :
It is alleged in the chargesheet that on
23.08.2021 within the jurisdiction of Rajagopalnagar
Police Station, Laggere Parvathi Nagar, II Main, at
House No.146, accused used to visit the house of CW.1
frequently and pressurized her to marry him and by
force took her to his sister's house at Yeshwanthpur
and wrongfully confined her for a period of more
than 3 days and by using criminal force with an intent
3 C.C.No.33174/2021
to outrage her modesty tried to hug her and thereby
committed the offences punishable U/s. 354, 342,
343 of IPC .
3. After receipt of first information by CW-1,
Crime was registered in Crime No.325/2021, dated
28.08.2021 and investigation was taken up. After
completion of investigation, the charge-sheet was
submitted against the accused for the aforementioned
offences.
4.Accused is on court bail. Chargesheet
materials supplied as per provisions U/s 207 of
Cr.P.C. Thereafter, heard the learned counsel for
accused and learned Sr.APP. Charge is framed and
read over for which he pleaded not guilty and claims
to be tried. [\
5. The prosecution has examined P.W.1 and
got marked Ex.P.1 and 2 on its behalf. Since, PW-1
has completely turned hostile prayer of Ld.Sr.APP for
issuance of summons to other witness was rejected
4 C.C.No.33174/2021
and evidence of other witnesses dropped. As there is
no incriminating evidence available against the
accused recording of Statement U/s 313 of Cr.P.C.,
is dispensed.
6. Heard the arguments.
7. The points that arise for consideration are :
1.Whether the prosecution has proved beyond all reasonable doubt that accused has committed the offences U/s. 354, 342, 343 of IPC . ?
2. What order ?
8. The above points are answered as under :
Point No.1: In the Negative. Point No.2: As per final order for the following :
REASONS 9 . Point No.1 : It is the case of the prosecution that accused used to visit the house of CW.1 and pressurized her to marry him since CW.1 refused took her to his sister's 5 C.C.No.33174/2021 house and wrongfully confined her and tried to outraged her modesty etc.,
10. In order to prove the guilt of the accused, the prosecution has examined PW.1, who being the complainant/victim during the course of her chief-
examination has completely turned hostile and stated that she does not know the contents of Ex.P1 and 2. She signed on Ex.P1 and 2 about 3 years back at Rajagopalnagar Police Station. She further deposed police have not drawn mahazar in her presence nor readover the contents of Ex.P2. The learned Sr.APP has cross-examined her at length. Even during the cross-examination nothing worth has been elicited to disbelieve the version of PW.1. During the course of cross-examination learned Sr.APP suggested regarding compromise, though PW.1 admitted, but she denied that by compromising the matter deposing false evidence.
6 C.C.No.33174/2021
11.Admittedly, except hostile evidence of PW.1, there is nothing on record to show that accused has committed the offenses as alleged in the charge sheet. As such benefit of doubt will have to be extended in favour of accused. Hence, for the above reasons. I answer Point No.1 in the Negative. 12 . Point No.2 : In view of the above discussion, accused No.3 found not guilty and hence, I proceed to pass the following :
O RDE R Acting U/s 248 (1) of Cr.P.C. the accused is hereby acquitted for the offences punishable U/s. 354, 342, 343 of IPC .7 C.C.No.33174/2021
The bail bond executed by accused and his surety shall stand cancelled subject to executing necessary bond U/s 437(A) of Cr.P.C., for Rs.25,000/-.
(Dictated to the Stenographer, directly on computer and typed by him revised corrected and then pronounced by me in the open Court on 13th day of February, 2024 ).
( UMESHA H.K.) VII Addl. C.M.M., Bengaluru. ANNEXURES List of witnesses examined for the Complainant :
PW.1 Vidya .
List of documents marked for the Complainant :
Ex.P.1 Complaint, Ex.P.2 Mahazar. List of witnesses examined for the Accused Nil. List of documents exhibited for the Accused Nil. List of Material Object marked for prosecution Nil.
VII Addl.C.M.M., Bengaluru. 8 C.C.No.33174/2021 Judgment pronounced in the open court.
(vide separate order):
O RD ER Acting U/s 248 (1) of Cr.P.C. the accused -3 is hereby acquitted for the offences punishable U/s. 354, 323, 504, 506 r/w 34 of IPC .
The bail bond executed by accused-3 and his surety shall stand cancelled subject to executing necessary bond U/s 437(A) of Cr.P.C., for Rs.25,000/-.
Entire case file and properties of this case shall be kept in Split-up CC.No.CC.No.12047/2023, which is registered against accused Nos.1,2 and
4. 7Th ACMM, Bengaluru.
9 C.C.No.33174/202110 C.C.No.33174/2021 KABC030323782019 IN THE COURT OF VII ADDL.CHIEF METROPOLITIAN MAGISTRATE, BENGALURU.
Dated this the 9th day of February, 2024 . Present : Sri.Umesha H.K. B.A.,LLB.
VII Addl. C.M.M., Bengaluru. JUDGMENT U/s 355 of Cr.P.C C.C.No. 10282/2019 Complainant : State by Rajagopalnagar Police Station.
(By Sr.Asst. Public Prosecutor) V/s Accused Nos. 1 1: BHAGYAMMA-( SPLIT-UP ) 2:OMKARMURTHY-( SPLIT-UP ) 3:Anilkumar, S/o.Hanumantharayappa, 24 Years, R/At: No-25 2nd Cross, Near Pattaki Gowdown, Sanjeevininagara, Hegganahalli, Bangaluru, 4:SAMACHARI @ SHAMAIAH-( SPLIT-UP ) 11 C.C.No.33174/2021 Date of occurrence of offence 06.01.2018 Date of report of offence 07.01.2018 Name of the Complainant Nilamma. Date of Commencement of recording Evidence 05.02.2024 Date of Closing of Evidence Offences complained of U/s. 354, 323, 504, 506 r/w 34 of IPC .
Opinion of the Judge Accused -3 found not guilty.
CW.12 A.S.I., of Rajagopalnagar Police Station has filed charge sheet against the accused persons for the offences punishable U/s. 354, 342, 343.
2. Brief case of the prosecution is as under :
It is alleged in the chargesheet that on 23.08.2021 within the jurisdiction of Rajagopalnagar Police Station , Laggere Parvathi Nagar, II Main, at House No.146, accused used to visit the house of CW.1 and forced her to marry him and by force took her to his sister's house at Yeshwanthpur and wrongfully 12 C.C.No.33174/2021 confined her for a period of and tried to outrage her modesty Hegganahalli, Sanjeevininagar, near Pataki Godown Road, CW.1 was residing in the house of accused -4 as tenant, accused -1 to 3 were also residing in the same premises when accused no.4 asked CW.1 to vacate the house and pay the rent accused -1 to 4 in furtherance of common intention to commit an offence abused CW.1 by using unparliamentary words and also assaulted her with hands and threatended her to take away her life if she is not vacated the house and thereby committed the offences punishable U/s.
354, 323, 504, 506 r/w 34 of IPC .
3. After receipt of first information by CW-1, Crime was registered in Crime No.14/2018, dated 7.1.2018 and investigation was taken up. After completion of investigation, the charge-sheet was 13 C.C.No.33174/2021 submitted against the accused for the aforementioned offences.
4.Accused -3 is on court bail. Chargesheet materials supplied as per provisions U/s 207 of Cr.P.C. Thereafter, Charge is framed and read over for which he pleaded not guilty and claims to be tried.
[\
5. The prosecution has examined P.W.1 and got marked Ex.P.1 to 3 on its behalf. Since, PW-1 has completely turned hostile prayer of Ld.Sr.APP for issuance of summons to other witness was rejected and evidence of other witnesses dropped. As there is no incriminating evidence available against the accused recording of Statement U/s 313 of Cr.P.C., is dispensed.
6. Heard the arguments.
7. The points that arise for consideration are :
1. Whether the prosecution has proved beyond all reasonable doubt that accused has committed the offences 14 C.C.No.33174/2021 U/s. 354, 323, 504, 506 r/w 34 of IPC . ?
2. What order ?
8. The above points are answered as under :
Point No.1: In the Negative. Point No.2: As per final order for the following :15 C.C.No.33174/2021
REASONS 9 . Point No.1 : It is the case of the prosecution that accused -1 to 4 in furtherance of common intention to commit an offence asked CW.1 to vacate the house and pay rent and assaulted her with hands and also outraged her modesty and threatened to vacate the premises and thereby commited the offenses as alleged in the charge sheet.
10. In order to prove the guilt of the accused, the prosecution has examined PW.1, who being the complainant/victim during the course of chief-examinaiton has completely turned hostile and staed that she does not know the contents of Ex.P1 and 2. She signed on Ex.P1 and 2 about 3 years back at Rajagopalnagar Police Station. accused -3 has neither assaulted nor abused or threatended her etc., The learned Sr.APP has cross-
examined her at length. Even during the cross- examination nothing worth has been elicited to 16 C.C.No.33174/2021 disbelieve the version of PW.1. During the course of cross-examination by learned Sr.APP suggested regarding compromise though PW.1 admitted , but she denied that by compromising the matter deposing false evidence . Admittedly, except hostile evidence of PW.1, there is nothing on record to show that accused -3 has commited the offenses as alleged in the charge sheet. As such benefit of doubt will have to be extended in favour of accused. Hence, for the above reasons. I answer Point No.1 in the Negative. 11 . Point No.2 : In view of the above discussion, accused No.3 found not guilty and hence, I proceed to pass the following :
O RDE R Acting U/s 248 (1) of Cr.P.C. the accused -3 is hereby acquitted for the offences punishable U/s. 354, 323, 504, 506 r/w 34 of IPC .17 C.C.No.33174/2021
The bail bond executed by
accused-3 and his surety shall
stand cancelled subject to executing necessary bond U/s 437(A) of Cr.P.C., for Rs.25,000/-.
Entire case file and properties of this case shall be kept in Split-up CC.No.CC.No.12047/2023, which is registered against accused Nos.1,2 and
4.
(Dictated to the Stenographer, directly on computer and typed by him revised corrected and then pronounced by me in the open Court on 8th day of February, 2024 ).
( UMESHA H.K.) VII Addl. C.M.M., Bengaluru. ANNEXURES List of witnesses examined for the Complainant :
PW.1 Smt.Nilamma.
List of documents marked for the Complainant :
Ex.P.1 Complaint,
Ex.P.2 Mahazar.
Ex.P.3 Unaccepted part of the statement.
18 C.C.No.33174/2021
List of witnesses examined for the Accused Nil.
List of documents exhibited for the Accused Nil.
List of Material Object marked for prosecution Nil.
VII Addl.C.M.M., Bengaluru. 19 C.C.No.33174/2021 Judgment pronounced in the open court.
(vide separate order):
O RD ER Acting U/s 248 (1) of Cr.P.C. the accused -3 is hereby acquitted for the offences punishable U/s. 354, 323, 504, 506 r/w 34 of IPC .
The bail bond executed by accused-3 and his surety shall stand cancelled subject to executing necessary bond U/s 437(A) of Cr.P.C., for Rs.25,000/-.
Entire case file and properties of this case shall be kept in Split-up CC.No.CC.No.12047/2023, which is registered against accused Nos.1,2 and
4. 7Th ACMM, Bengaluru.
20 C.C.No.33174/202121 C.C.No.33174/2021 KABC030873922021 IN THE COURT OF VII ADDL.CHIEF METROPOLITIAN MAGISTRATE, BENGALURU.
Dated this the 9th day of February, 2024 . Present : Sri.Umesha H.K. B.A.,LLB.
VII Addl. C.M.M., Bengaluru. JUDGMENT U/s 355 of Cr.P.C C.C.No. 33174/2021 Complainant : State by Rajagopalnagar Police Station.
(By Sr.Asst. Public Prosecutor) V/s Accused Nos. 1 M.S. Chand Pasha @ Chandru 34 Years, Norajeshwari Amogha Hotel Near, Parvathinagara, Laggere, Bengaluru.
Permanent Address-
Manikere Vilalge, Kalakere Post, Honavalli Hobli, Tipaturu Date of occurrence of offence 23.08.2021 22 C.C.No.33174/2021 Date of report of offence 28.08.2021 Name of the Complainant Kum.Vidya Date of Commencement of recording Evidence 08.02.2024 Date of Closing of Evidence Offences complained of U/s. 354, 323, 504, 506 r/w 34 of IPC .
Opinion of the Judge Accused -3 found not guilty. 23 C.C.No.33174/2021 KABC030323782019 IN THE COURT OF VII ADDL.CHIEF METROPOLITIAN MAGISTRATE, BENGALURU.
Dated this the 9th day of February, 2024 . Present : Sri.Umesha H.K. B.A.,LLB.
VII Addl. C.M.M., Bengaluru. JUDGMENT U/s 355 of Cr.P.C C.C.No. 10282/2019 Complainant : State by Rajagopalnagar Police Station.
(By Sr.Asst. Public Prosecutor) V/s Accused Nos. 1 1: BHAGYAMMA-( SPLIT-UP ) 2:OMKARMURTHY-( SPLIT-UP ) 3:Anilkumar, S/o.Hanumantharayappa, 24 Years, R/At: No-25 2nd Cross, Near Pattaki Gowdown, Sanjeevininagara, Hegganahalli, Bangaluru, 4:SAMACHARI @ SHAMAIAH-( SPLIT-UP ) 24 C.C.No.33174/2021 Date of occurrence of offence 06.01.2018 Date of report of offence 07.01.2018 Name of the Complainant Nilamma. Date of Commencement of recording Evidence 05.02.2024 Date of Closing of Evidence Offences complained of U/s. 354, 323, 504, 506 r/w 34 of IPC .
Opinion of the Judge Accused -3 found not guilty.
CW.10 A.S.I., of Rajagopalnagar Police Station has filed charge sheet against the accused persons for the offences punishable U/s. 354, 323, 504, 506 r/w 34 of IPC .
Note: During the pendency of the case accused
-1, 2, 4 remained absent. Hence, case against accused
-1, 2, 4 ordered to be split-up and separate Split-up CC.No.12047/2023 is registered.
2. Brief case of the prosecution is as under :
It is alleged in the chargesheet that within the jurisdiction of Rajagopalnagar Police Station , Hegganahalli, Sanjeevininagar, near Pataki Godown 25 C.C.No.33174/2021 Road, CW.1 was residing in the house of accused -4 as tenant, accused -1 to 3 were also residing in the same premises when accused no.4 asked CW.1 to vacate the house and pay the rent accused -1 to 4 in furtherance of common intention to commit an offence abused CW.1 by using unparliamentary words and also assaulted her with hands and threatended her to take away her life if she is not vacated the house and thereby committed the offences punishable U/s.
354, 323, 504, 506 r/w 34 of IPC .
3. After receipt of first information by CW-1, Crime was registered in Crime No.14/2018, dated 7.1.2018 and investigation was taken up. After completion of investigation, the charge-sheet was submitted against the accused for the aforementioned offences.
4.Accused -3 is on court bail. Chargesheet materials supplied as per provisions U/s 207 of Cr.P.C. Thereafter, Charge is framed and read over 26 C.C.No.33174/2021 for which he pleaded not guilty and claims to be tried.
[\
5. The prosecution has examined P.W.1 and got marked Ex.P.1 to 3 on its behalf. Since, PW-1 has completely turned hostile prayer of Ld.Sr.APP for issuance of summons to other witness was rejected and evidence of other witnesses dropped. As there is no incriminating evidence available against the accused recording of Statement U/s 313 of Cr.P.C., is dispensed.
6. Heard the arguments.
7. The points that arise for consideration are :
1. Whether the prosecution has proved beyond all reasonable doubt that accused has committed the offences U/s. 354, 323, 504, 506 r/w 34 of IPC . ?
2. What order ?
8. The above points are answered as under :
Point No.1: In the Negative. Point No.2: As per final order for the following :27 C.C.No.33174/2021
REASONS 9 . Point No.1 : It is the case of the prosecution that accused -1 to 4 in furtherance of common intention to commit an offence asked CW.1 to vacate the house and pay rent and assaulted her with hands and also outraged her modesty and threatened to vacate the premises and thereby commited the offenses as alleged in the charge sheet.
10. In order to prove the guilt of the accused, the prosecution has examined PW.1, who being the complainant/victim during the course of chief-examinaiton has completely turned hostile and staed that she does not know the contents of Ex.P1 and 2. She signed on Ex.P1 and 2 about 3 years back at Rajagopalnagar Police Station. accused -3 has neither assaulted nor abused or threatended her etc., The learned Sr.APP has cross-
examined her at length. Even during the cross- examination nothing worth has been elicited to 28 C.C.No.33174/2021 disbelieve the version of PW.1. During the course of cross-examination by learned Sr.APP suggested regarding compromise though PW.1 admitted , but she denied that by compromising the matter deposing false evidence . Admittedly, except hostile evidence of PW.1, there is nothing on record to show that accused -3 has commited the offenses as alleged in the charge sheet. As such benefit of doubt will have to be extended in favour of accused. Hence, for the above reasons. I answer Point No.1 in the Negative. 11 . Point No.2 : In view of the above discussion, accused No.3 found not guilty and hence, I proceed to pass the following :
O RDE R Acting U/s 248 (1) of Cr.P.C. the accused -3 is hereby acquitted for the offences punishable U/s. 354, 323, 504, 506 r/w 34 of IPC .29 C.C.No.33174/2021
The bail bond executed by
accused-3 and his surety shall
stand cancelled subject to executing necessary bond U/s 437(A) of Cr.P.C., for Rs.25,000/-.
Entire case file and properties of this case shall be kept in Split-up CC.No.CC.No.12047/2023, which is registered against accused Nos.1,2 and
4.
(Dictated to the Stenographer, directly on computer and typed by him revised corrected and then pronounced by me in the open Court on 8th day of February, 2024 ).
( UMESHA H.K.) VII Addl. C.M.M., Bengaluru. ANNEXURES List of witnesses examined for the Complainant :
PW.1 Smt.Nilamma.
List of documents marked for the Complainant :
Ex.P.1 Complaint,
Ex.P.2 Mahazar.
Ex.P.3 Unaccepted part of the statement.
30 C.C.No.33174/2021
List of witnesses examined for the Accused Nil.
List of documents exhibited for the Accused Nil.
List of Material Object marked for prosecution Nil.
VII Addl.C.M.M., Bengaluru. 31 C.C.No.33174/2021 Judgment pronounced in the open court.
(vide separate order):
O RD ER Acting U/s 248 (1) of Cr.P.C. the accused is hereby acquitted for the offences punishable U/s. 354, 342, 343 of IPC .
The bail bond executed by accused and his surety shall stand cancelled subject to executing necessary bond U/s 437(A) of Cr.P.C., for Rs.25,000/-.
7Th ACMM, Bengaluru.32 C.C.No.33174/2021