Bangalore District Court
State By vs Karthik @ Soda on 21 April, 2016
IN THE COURT OF LXVII ADDL CITY CIVIL AND
SESSIONS JUDGE; BENGALURU CITY (CCH.No.68)
PRESENT
SRI.CHANDRASHEKHAR MARGOOR, B.Sc., LL.B.(Spl)
LXVII ADDL CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
Dated this the 21st day of April 2016.
S.C.No.512/2014
COMPLAINANT: State by
Kamakshipalya Police,
Bengaluru.
(By learned Public Prosecutor)
.Vs.
ACCUSED : 1. Karthik @ Soda,
S/o.Narasimhamurthy,
22 years,
R/at.No.19, 5th Main Road,
Agrahara Dasarahalli,
Magadi Road, Bengaluru.
(By Sri.H.P., Advocate)
2. Manikanta @ Mani,
S/o.Venkatesh.
(Split-up)
3. Abhishek T.
S/o.Thimmegowda.
(Split-up)
4. Venkatesh @ Repu,
S/o.Panduranga Rao,
25 years,
R/at.No.11, 14th 'A' Cross,
Agrahara Dasarahalli,
Magadi Road, Bengaluru.
(By Sri.K.N.N., Advocate)
5. Dilip @ Sudarshan @ Putta,
2 S.C.No.512/2014
S/o.Subbanna,
23 years,
R/of. Near Bakery,
Kempegowda Nagar,
Magadi Road, Bengaluru.
(By Sri.K.N.N., Advocate)
6. Girish @ Bodagiri,
S/o.Modala Giriyappa,
23 years,
R/of.Near Govt. School,
Hegganahalli Main Road,
Sunkadakatte, Bengaluru.
(By Sri.V.V., Advocate)
7. Sridhar @ Mandya,
S/o.Gopalaiah,
25 years,
R/of. Opp. Siddappaji Temple,
Ashoknagar,
Malavalli Town,
Mandya District.
(By Sri.H.Y., Advocate)
JUDGMENT
The Police Inspector of Kamakshipalya Police Station, Bengaluru has filed charge sheet against the accused alleging that accused have committed the offences punishable under Sections 399 and 402 of I.P.C.
2. The learned V Addl. C.M.M., Bengaluru after complying with the provisions under Section 207 Cr.P.C., committed the case to the Court of Prl. City Civil & Sessions Judge, Bangalore under Section 209 Cr.P.C., as the alleged offences are exclusively triable by the Court of 3 S.C.No.512/2014 Sessions and thereafter, this case is made over to this court for trial in accordance with law. The accused Nos.1 and 7 are on bail and the accused Nos.4 to 6 is in judicial custody at the time of committal of the case. The case against the accused Nos.2 and 3 is split-up and separate case in C.C.No.3316/2014 was registered against them.
3. Brief facts of the case of prosecution are as follows :
On 2.05.2012 at about 11-00 p.m., at the open space situated on 4th Main Road, leading from Vikranth Hotel to Agrahara Dasarahalli, Rajajinagar Industrial Area, within the limits of Kamakshipalya Police Station, Bengaluru, the accused Nos.1 and 4 to 7 along with the split-up accused Nos.2 and 3 had made preparation to commit dacoity on the passers thereon by holding deadly weapons like chopper, clubs, chilly powder packet, etc. The complainant C.W.1 on receiving the credible information went to the spot along with his staff and panchas and after ascertaining by hearing their conversations, surrounded them and apprehended the accused Nos.1 to 5 and the accused Nos.6 and 7 have succeeded in fleeing away from the spot. The police have noticed the deadly weapons found in the possession of the accused Nos.1 to 5 and seized them under the mahazar, Thereafter, took the accused Nos.1 to 5 to the police station along with the seized articles, registered the crime in their Police Station Crime No.256/2012 for the offences under Sections 399 and 402 of I.P.C., on the strength of the 4 S.C.No.512/2014 report submitted by the raiding party and arrested the accused Nos.1 to 5 and produced them before the court and recorded the statements of the panchas and his staff and handed over the file to P.I. for further investigation. During the course of investigation, the Investigating Officer has apprehended the accused No.6. The Investigating Officer after completing the investigation, has filed the charge sheet against the accused Nos.1 to 6 for the aforesaid offences, by showing the name of the accused No.7 as absconding. Thereafter, the accused No.7 was apprehended by the complainant police.
4. After committal of the case, there is prima-facie case against the accused Nos.1 and 4 to 7. Hence, charge is framed against the accused Nos.1 and 4 to 7 for the offences under Sections 399 and 402 of I.P.C. The accused Nos.1 and 4 to 7 have pleaded not guilty and claimed to be tried. Hence, prosecution was called upon to prove its case by examining its witnesses.
5. In order to bring home the guilt of the accused, the prosecution has examined three witnesses as P.Ws.1 to 3 and got marked the documents Exs.P.1 to 6. After closure of the evidence on the side of prosecution, statements of accused Nos.1 and 4 to 7 under Section 313 Cr.P.C., was recorded and the accused Nos.1 and 4 to 7 have denied incriminating evidence stated against them and not lead defense evidence on his behalf.
5 S.C.No.512/20146. Heard the arguments of the learned Public Prosecutor and the learned counsel for the accused Nos.1 and 4 to 7.
7. In view of the evidence of prosecution witnesses and the arguments of learned P.P., and learned advocate for accused Nos.1 and 4 to 7, the points which arise for my consideration are;
1. Whether the prosecution has proved its case beyond reasonable doubt that on 2.05.2012 at about 11-00 p.m., at the open space situated on 4th Main Road, leading from Vikranth Hotel to Agrahara Dasarahalli, Rajajinagar Industrial Area, within the limits of Kamakshipalya Police Station, Bengaluru, the accused Nos.1 and 4 to 7 along with the split-up accused Nos.2 and 3 had made preparation to commit dacoity on the passers thereon by holding deadly weapons like chopper, clubs, chilly powder packet, etc and thereby, committed offences punishable under Sections 399 and 402 of I.P.C?
2. What Order?
8. 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 :
REASONS
9. POINT No.1 : The Police Inspector of Kamakshipalya Police Station, Bengaluru has laid the charge sheet against 6 S.C.No.512/2014 the accused for the offence punishable under Sections 399 and 402 of I.P.C.
10. The prosecution in order to bring home the guilt against the accused has got examined three witnesses as P.Ws.1 to 3 and got marked the documents Exs.P.1 to 6.
11. The P.W.3 Mohammed Mukaram, P.I, who was the PSI of Kamakshipallya P.S. during the year 2010 deposed that, on 02.05.2012, when he was on patrolling duty, within the jurisdiction of Kamakshipallya P.S. at about 10.30 p.m. he received credible information that, at Rajajinagar industrial Estate i.e., on the road leads Agrahara Dasarahalli from Vikranth Hotel i.e., on 4th Main Road, within the compound of vacant site about 6 to 7 persons holding deadly weapons in their hands and making preparations to commit dacoity on the passersby, who are passing on the said road. Therefore, he secured panchas C.Ws.2 and 3 and also his staff C.Ws.4 to 8 went near the said spot and confirmed about the credible information received by him and raided the said spot along with his staff and panchas. The said persons have tried to assault but, the police have used minimum force and apprehended 3 persons and 4 persons succeeded in escaping from clutches, though C.Ws 4 to 6 have chased them to apprehend them but not succeeded. After enquiring with the said persons, the accused Nos.1 to 3 were apprehended and after thorough search, they were in the possession of 2 7 S.C.No.512/2014 choppers and also chilly powder packet. They have seized the said articles and produced before P.W.1 along with report Ex.P.1. The Ex.P.1 report finding place about the alleged attack by the said accused. But, the mahazar Ex.P.6 do not finding place, the said aspect. If at all, the said incident should have taken place Ex.P.6, which was drawn at the spot, in that event, it should have finding place the said aspect as well.
12. The P.W.1, the PSI of Kamakshipallya P.S.I. Nanjunda deposed that, on 3.5.2012 at about 1.30 a.m., the P.W.3 has produced the accused along with seized articles and mahazar along with report before him, he registered the crime in their police station crime No.256/2012 and sent FIR Ex.P.2 to the court and he has arrested the said accused and also recorded the statement of the witnesses and also voluntary statement of the accused and produced the accused before the court and handed over the record for further investigation to P.W.2.
13. The P.W.2 the Dy.S.P. namely Nagesh Kumar deposed that, he has further investigated the crime and recorded the voluntary statements of the accused Nos.2 and 3 and recovered chopper, club and iron rod under the mahazar Ex.P.4 and subjected the said items in their P.F.No.118/12 vide Ex.P.5 and laid the charge sheet before the court. The defense counsel cross-examined the P.Ws.1 to 3 but, nothing is elicited in their cross-examination but, the P.Ws.1 to 3 are police officials, their evidence is 8 S.C.No.512/2014 corroborated by any independent witness. Though, this court has issued summons to the panchas C.Ws.2 and 3, they have left the address hence, the testimony of the police officials is not corroborated by the C.Ws 2 and 3. Therefore, it is not sufficient to base the conviction solely relying the evidence of P.Ws.1 to 3. Moreover, the prosecution has failed to produced the M.Os before this court to base the conviction. The prosecution has miserably failed to bring home the guilt against the accused beyond all reasonable doubt. The advocate for the accused placed reliance of decisions reported in 2006 Cri.L.J.1775 (Ramakishan .Vs. State of U.P.) Their Lordships pleased to held that preparation to commit dacoity, the prosecution story doubtful. Hence, the accused is entitled for acquittal. The dictum laid down by their lordship is squarely applicable to the facts on hand. Hence, I answered the point accordingly.
14. POINT No.2 : In view of my finding on Point No.1 as above, my finding on this point is as per the following :
ORDER Acting under Sec.235 of Cr.P.C., the accused Nos.1 and 4 to 7 are acquitted for the offence punishable under Secs.399 and 402 of IPC. The accused Nos.1, 4, 5 and 7's bail bonds and surety bonds stand cancelled. The accused No.6 who is in Judicial Custody in Connection with 9 S.C.No.512/2014 Kamakshipallya P.S. in crime No.13/2016, he has secured through V.C. Hence, he is set at liberty in this S.C.No.512/2014 forthwith, if he is not required in any other case.
The articles seized under P.F. No.116/2012 dtd:2.5.2012 ordered to be retained till disposal of the split up case registered against the accused Nos.2 and 3 in C.C.No.3316/2014 before the 5th A.C.M.M., Bengaluru.
(Dictated to the Stenographer, transcribed by her, and after corrections pronounced by me in the Open Court on this the 21st day of April, 2016) (CHANDRASHEKHAR MARGOOR) LXVII Addl.City Civil and Sessions Judge, BENGALURU.
ANNEXURE
1. LIST OF WITNESSES EXAMINED FOR PROSECUTION :
P.W.1 A.Nanjunda
P.W.2 Nagesh Kumar
P.W.3 Mohammed Mukaram
2. LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION:
Ex.P.1 Complaint
Ex.P.1(a) Signature of P.W.1
Ex.P.1(b) Signature of P.W.3
Ex.P.2 F.I.R.
Ex.P.2(a) Signature of P.W.1
10 S.C.No.512/2014
Ex.P.3 Property Form
Ex.P.3(a) Signature of P.W.1
Ex.P.4 Mahazar
Ex.P.4(a) Signature of P.W.2
Ex.P.5 Property Form
Ex.P.5(a) Signature of P.W.2
Ex.P.6 Mahazar
Ex.P.6(a) Signature of P.W.3
3. LIST OF MATERIAL OBJECTS PRODUCED AND GOT MARKED FOR PROSECUTION :
- NIL -
4. LIST OF WITNESSES EXAMINED & DOCUMENTS EXHIBITED FOR ACCUSED :
- NIL -
[ (CHANDRASHEKHAR MARGOOR) LXVII Addl.City Civil and Sessions Judge, BENGALURU.