Bangalore District Court
Channammanakere vs Persons Are on 7 October, 2022
1 C.C.No.20494/2021
KABC030560572021
Presented on : 13-08-2021
Registered on : 13-08-2021
Decided on : 07-10-2022
Duration : 1 years, 1 months, 25 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY
Dated this 7th day of October 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.20494/2021 Date of commission of the
2. 19.05.2020 offence (As per F.I.R.)
3. Name of the complainant Channammanakere Achukattu Police Station, Bengaluru City
4. Name of the accused 1. Varalakshmi, W/o Late Gopala, Aged about 41 years, R/at Bovi Colony, Thyagarajangara, Bengaluru - 560 085.
2 C.C.No.20494/2021
2. Dhanussu @ Dhanussu Kumara G., S/o Late Gopala, Aged about 24 years, R/at No.67, 6th Main, 7th Cross Road, Bovi Colony, Thyagarajangara, Bengaluru - 560 028.
3. Basavaraju G, S/o Late Gopala, Aged about 21 years, R/at No.67, 6th Main, 7th Cross Road, Bovi Colony, Thyagarajangara, Bengaluru - 560 028.
4. Alumelu, W/o Late Subramani, Aged about 49 years, R/at Bovi Colony, Thyagarajangara, Bengaluru City.
5. Velliyamma, W/o Ravi, Aged about 42 years, R/at No.61, Bovi Colony, Thyagarajangara, Bengaluru - 560 028.
6. Jyothi O.S., W/o O.H.M.Sharavana Bhava, Aged about 36 years, 3 C.C.No.20494/2021 R/at No.54, Bovi Colony, Thyagarajangara, Bengaluru - 560 028.
7. Doreswamy @ Dore, S/o Late Channappa, Aged about 71 years, R/at No.O.118, 7th Cross, 3rd Block, Thyagarajangara, Bengaluru - 560 028.
8. Rajeshwari, W/o Doreswamy, Aged about 45 years, R/at No.118, 7th Cross, 3rd Block, Thyagarajangara, Bengaluru - 560 028.
9. Gopal, R/at Bovi Colony, Thyagarajangara, Bengaluru - 560 028.
10. Subramani M, S/o Late Manikya, Aged about 70 years, R/at No.119, 7th Cross, 5th Main, Bovi Colony, Thyagarajangara, Bengaluru - 560 028.
11. Manjunatha M, S/o Late P Muniswamy, Aged about 42 years, R/at No.13, 5th Cross, 5th Main, Bovi Colony, 4 C.C.No.20494/2021 Thyagarajangara, Bengaluru - 560 028.
12. Appu, R/at Bovi Colony, Thyagarajangara, Bengaluru - 560 028.
13. Shankar N, S/o Late Narayana, Aged about 21 years, R/at No.02, 7th Cross, Bovi Colony, Thyagarajangara, Bengaluru - 560 028.
Sections 143, 144, 147, 323, The offences complained 427, 447, 504, 506 and 509
5.
of R/w Section 149 of the Indian Penal Code 6. Plea of the accused Pleaded not guilty Accused persons are 7. Final order acquitted 8. Date of order 07.10.2022 The Police Sub-Inspector of Channammanakere
Achukattu Police Station, Bengaluru has filed Police Report against the above named accused persons alleging that they have committed the offences punishable under Sections 143, 144, 147, 323, 427, 447, 504, 506 and 509 R/w Section 149 of the Indian Penal Code.
5 C.C.No.20494/2021
2. The Prosecution case in brief is that in front of the house of CW1 bearing No.23, 6th Cross, 3rd Block, Bovi Colony, Thyagarajanagara, Bengaluru, within the territorial jurisdiction of Channammanakere Achukattu Police Station, Bengaluru City, the property of her father-in-law is situated. A dispute is pending with regard to the said property between BWSSB and the family of the father-in-law of CW1. On 19.05.2020 at 11.00 a.m., when CW1 was near her house, the accused persons in furtherance of their common object have formed an unlawful assembly, trespassed the property belongs to the mother-in-law; demolished the compound wall constructed to the site; caused the damage of Rs.2,000/-; when, CW1 and CW2 went to question the same, the accused persons voluntarily caused simple hurt on them by assaulting with their hands, abused them in filthy languages; insulted CW1 and CW2 before the public and gave life threat stating that if they come there, they will not leave them. Thereby, the accused persons have committed the offences 6 C.C.No.20494/2021 punishable under Sections 143, 144, 147, 323, 427, 447, 504, 506 and 509 R/w Section 149 of the Indian Penal Code.
3. Based on the complaint given by the complainant, the crime was registered in Crime No.83/2020 at Channammanakere Achukattu Police Station. On completion of the investigation, the Police Inspector of Channammanakere Achukattu Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 143, 144, 147, 323, 427, 447, 504, 506 and 509 R/w Section 149 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 and enlarged on bail. The copies of the Police Report and other prosecution papers are furnished to the accused persons under section 207 of Cr.P.C. After 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 143, 147, 427, 447, 423, 504, 506 and 509 R/w 7 C.C.No.20494/2021 Section 149 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 accused persons, the prosecution has produced the oral evidences of PW1 to PW4 and the documentary evidences in Ex.P1 to Ex.P5. 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 offences punishable Sections 143, 144, 147, 323, 427, 447, 504, 506 and 509 R/w Section 149 of the 8 C.C.No.20494/2021 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 accused persons, out of 7 witnesses cited in the Police Report by the Investigation Officer, the prosecution has produced the oral evidences of only four witness before this Court as PW1 to PW4. Among them, PW1 Manjula is the First Informant, Mahazar witness and injured witness, PW2 Latha R and PW3 Hemantha Kumar R. are the injured witnesses and PW4 Madhu S. is the eyewitness of the incident. The prosecution has also produced the documentary evidences Ex.P1 to Ex.P5. Among them, Ex.P1 is the First Information, Ex.P2 is the copy of the Mahazar and Ex.P3 to Ex.P5 are the Witness Statements. 9 C.C.No.20494/2021
8. As per the case of the prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.83/2022 and on investigation, since, there are evidences collected by the Investigation Officer to prosecute the accused persons for the offences punishable under Sections 143, 144, 147, 323, 427, 447, 504, 506 and 509 R/w Section 149 of the Indian Penal Code, the Police Report was filed. In the First Information - Ex.P1, there are statements of PW1 with regard to the alleged incident committed by the accused persons. PW1 during his examination-in-chief has deposed the evidences contrary to the said facts. She has deposed in her examination-in-chief that no quarrel was taken place between her, PW2 and the accused persons; as there were some petty differences between them, she gave complaint to the Police as per Ex.P1; she does not know the contents of Ex.P1; she has not taken any treatment at hospital stating that she has sustained injuries as a result of the incident taken place in this case; the police have not conducted any mahazar at the 10 C.C.No.20494/2021 place of incident in her presence as per Ex.P2; she does not know the contents of Ex.P2 and she signed Ex.P2 at Police Station. She has been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, she has denied the contents of Ex.P1; she gave it; she obtained treatment at hospital and the mahazar conducted at the place of incident as per Ex.P2 in her presence. Nothing has been elicited in her cross-examination supporting the case of the prosecution.
9. Another injured witness PW2 has deposed in her examination-in-chief that no quarrel taken place between her, PW1 and the accused persons; as there was petty differences between them and the accused persons, she gave statement against the accused persons and she has not obtained treatment alleging that the accused persons have assaulted her. She has also been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, she has denied the 11 C.C.No.20494/2021 the incident and she gave Witness Statement to Police as marked at Ex.P3. Nothing has been elicited in her cross- examination supporting the case of the prosecution.
10. One more injured witness PW3 has deposed in his examination-in-chief that no quarrel taken place between him, PW1, PW2 and the accused persons; as there was petty differences between them and the accused persons, he gave statement against the accused persons and he has not obtained treatment alleging that the accused persons have assaulted him. He has also been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, he has denied the the incident and he gave Witness Statement to Police as marked at Ex.P4. Nothing has been elicited in his cross- examination supporting the case of the prosecution.
11. As per the case of the Prosecution, PW4 is not only the eyewitnesses of the incident but also, the person who pacified the clash. He has deposed in his examination-in-chief that he 12 C.C.No.20494/2021 has not witnessed the quarrel taken place between PW1 to PW3 and the accused persons and he has not given any statement to the Police. He has also been considered as hostile witness and cross-examined at the request of the prosecution. During cross-examination, he has denied the the incident and he gave Witness Statement to Police as marked at Ex.P5. Nothing has been elicited in his cross- examination supporting the case of the prosecution.
12. On perusal of the above evidences, it appears that the First Informant, the injured witnesses and the eyewitness have deposed not supporting the case of the prosecution. PW1 to PW3 have deposed in their cross-examination that they and the accused persons have compromised the matter. Therefore, if the evidences of the other prosecution witnesses are recorded, no purpose will be served. For this reason, the evidences of the other prosecution witnesses are dropped. Under these circumstances, I am holding that the prosecution has not proved the guilt of the accused persons for the offences punishable under Sections 143, 144, 147, 13 C.C.No.20494/2021 323, 427, 447, 504, 506 and 509 R/w Section 149 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
13. 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 143, 144, 147, 323, 427, 447, 504, 506 and 509 R/w Section 149 of the Indian Penal Code beyond all reasonable doubt. Therefore, 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, accused persons are hereby acquitted for the offences punishable under Sections 143, 144, 147, 323, 427, 447, 504, 506 and 509 R/w Section 149 of the Indian Penal Code.
Their bail bonds and surety bonds executed under Section 437 of Cr.P.C. 14 C.C.No.20494/2021 will be in force till appeal period and thereafter, they shall be canceled. (Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 07.10.2022) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Manjula,
PW2 : Latha,
PW3 : Hemanth Kumar,
PW4 : Madhu.
Documents marked on behalf of Prosecution :-
Ex.P1 : First Information,
Ex.P1(a) : Signature,
Ex.P2 : Spot Mahazar,
Ex.P2(a) : Signature,
Ex.P3 to 5 : Witness Statements.
Material objects marked on behalf of Prosecution :-
NIL 15 C.C.No.20494/2021 Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.16 C.C.No.20494/2021
07.10.2022 Judgment pronounced in open Court vide separate order.
ORDERS Under Section 248(1) of Cr.P.C, accused persons are hereby acquitted for 17 C.C.No.20494/2021 the offences punishable under Sections 143, 144, 147, 323, 427, 447, 504, 506 and 509 R/w Section 149 of the Indian Penal Code.
Their bail bonds and surety bonds executed under Section 437 of Cr.P.C. will be in force till appeal period and thereafter, they shall be canceled.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.