Bangalore District Court
Kalasipalya P.S vs A1 Chandru Alias Kuteli on 28 May, 2025
KABC010227272023
IN THE COURT OF THE LVIII ADDL. CITY CIVIL AND
SESSIONS JUDGE (CCH-59), BENGALURU CITY
Dated this the 28th day of May, 2025
PRESENT:
Sri. KRISHNAMURTHY J.B., B.A., LL.B.,
LVIII Addl. City Civil & Sessions Judge (CCH-59),
Bengaluru City.
SESSIONS CASE NO.1331/2023
COMPLAINANT: The State of Karnataka by:
Kalasipalya Police Station,
Bangalore.
(By learned Public Prosecutor)-
-V/S-
ACCUSED : 1. Chandru @ Kuteli,
S/o Sampangie,
Aged about 19 Years, R/at
No.58, 2nd Cross, Vinoba Nagar,
Bengaluru-27.
(A1 by Sri. B.K.R., Advocate)
4. Stalin @ Chintu @
Ghendamruga----------(Abated)
2 S.C. No.1331/2023
1. Date of commission of offence 26.03.2018
2. Date of report of occurrence 26.03.2018
3. Date of arrest of the accused A1- 26.03.2018
Released on A1- 23.04.2018
Period of custody 27 days
4. Date of commencement of 04.12.2024
Evidence
5. Date of closing of evidence 22.05.2025
6. Name of the Complainant Doddaiah.A
7. Offence complained of 399, 402 & 427 of IPC
8. Opinion of the Judge Offences not proved
9. Order of sentence Accused found not
guilty and acquitted
for the offences
punishable under
sections 399, 402 &
427 of IPC
: JUDGMENT :
Initially, the Sub Inspector of Police, Kalasipalya police station, Bengaluru City has laid this charge sheet against the accused Nos.1 to 5 for the offences punishable under sections 399 and 402 of IPC.
3 S.C. No.1331/2023
2. The brief facts in nut-shell of the case of prosecution is that, on 26.03.2018 at about 4.00 A.M., at Tempo Stand near Vinoba Nagara drainage, within the limits of Kalasipalya Police Station, the accused Nos.1 to 5 were assembled together by holding deadly weapons and damaged the CCTV camera with the said weapons and caused mischief and they were preparing for the purpose of committing dacoity on the public. Based on the credible intimation, CW-1-Police Sub Inspector of Kalasipalya Police Station along with his staff CW-4 to 8 and two independent panch witnesses CW-2 and 3 made raid and caught hold accused Nos.1 to 5 and recovered iron rod, club, chopper, knife, CC TV Camara glass pieces and chilly powder packet by drawing a mahazar at Ex.P.1 in the presence of independent panch witnesses CW-2 and 3. Then, he brought the accused persons to the Police Station along with the seized articles, prepared a report at Ex.P.2 and submitted the same to the SHO/CW-9.
4 S.C. No.1331/2023
3. Based on the said report, the Station House officer- CW-9 has registered this case in crime No.73/2018 for the offences punishable under sections 399, 402 and 427 of IPC and send FIR at Ex.P.3. He has followed the procedure of arrest and recorded their voluntary statements. He has recorded the statements of CW-2 to 8. After medical examination, the accused were produced before the Learned Magistrate and they were remanded to Judicial custody. On 27.03.2018, CW-4 produced the accused No.6, who is Juvenile offender before him. Hence, he send the accused No.6 to Juvenile Justice Board. He has further investigated this case and filed this charge sheet against the accused Nos.1 to 5 for the offences punishable under sections 399, 402 and 427 of IPC.
4. After submitting the charge sheet, the Learned Magistrate has taken cognizance and registered the criminal case. In response to the summons, accused Nos.1 to 4 were appeared before the Learned Magistrate through 5 S.C. No.1331/2023 their counsel. After complying section 207 of Cr.P.C., the Learned Magistrate has committed this case for trial as the offences punishable under sections 399 and 402 of IPC are exclusively triable by the Court of Sessions. The case against accused No.5 is split up in a separate charge sheet.
5. After receipt of the records, the Hon'ble Principal City Civil and Sessions Judge, has registered the case in S.C.No.863/2019 and made over the same to this Court for trial in accordance with Law.
6. In response to the summons, the accused Nos.2 and 3 were appeared before this court through their counsel. They were released on regular bail. Inspite of issuance of warrant at several times, accused Nos.1 and 4 were not secured. Hence, the case was split up against accused Nos.1 and 4 and registered separate split case as SC.No. 1331/2023 and NBW was issued against Accused No.1 & 4. On 26.03.2024 IO of Kalasipalya Police submitted report stating 6 S.C. No.1331/2023 that Accused No.4 is dead and accordingly accused No.4 is abated. On 08.04.2024, the accused No.1 was secured on execution of NBW and remanded to JC. Later the Accused No.1 is released on bail and he is represented through his counsel.
7. After hearing both the parties, being satisfied with the prima facie materials on record, this court has framed the charges against these accused No.1 for the offences punishable under sections 399, 402 and 427 of IPC. When read over the same to him, he pleaded not guilty and claimed to be tried. Hence, the matter was posted for prosecution evidence.
8. To bring home the guilt of the accused, the prosecution got examined in all 3 witnesses as PW-1 to 3 and produced 3 documents as Ex.P.1 to 3 and also identified 6 material objects as M.O.1 to 6. After closing the evidence of the prosecution,the statement of the accused under section 7 S.C. No.1331/2023 313 of Cr.P.C., was recorded. The accused have denied all the incriminating circumstances elicited from the prosecution witnesses and he has not chosen to lead any defence evidence. Hence, the matter was posted for arguments on merits.
9. In view of the aforesaid rival contentions, the following points that would arise for my consideration are:-
1. Whether the prosecution proves beyond all reasonable doubt that on 26.03.2018 at about 4-00 am at Tempo Stand near Vinoba Nagara drainage, within the jurisdiction of Kalasipalya Police Station, the accused No.1 along with accused Nos.2 to 5 have assembled together and making preparation by holding deadly weapons like iron rod, club, chopper, knife, CCtv Camara glass pieces and chilly powder packet with an intention to commit dacoity on the public and thereby committed an offence punishable under section 399 of I.P.C?8 S.C. No.1331/2023
2. Whether the prosecution further proves beyond all reasonable doubt that, the accused No.1 along with accused Nos.2 to 5 have assembled in that particular spot for the purpose of committing dacoity in the early morning on the public and thereby committed an offence punishable under section 402 of IPC?
3. Whether the prosecution further proves beyond all reasonable doubt that, the accused No.1 along with accused Nos.2 to 5 damaged the CCTV camera with the said weapons and caused mischief and thereby committed an offence punishable under section 427 of IPC?
4. What order?
10. I have heard the arguments on both sides and perused the materials placed on record.
11. My findings on the above points are as follows:-
POINT NO.1 - In the Negative.9 S.C. No.1331/2023
POINT NO.2 - In the Negative.
POINT NO.3 - In the Negative.
POINT NO.4 - As per final order for the following:-
:REASONS:
12. POINT NOS.1 TO 3: Since both points are inter linked to each other, they are taken up together for discussion, in order to avoid repetition of facts and evidence.
13. In order to prove the guilt of the accused, the prosecution got examined the police officials, who conducted raid and caught hold accused persons as PW-1 & 3. PW2 is the investigation officer. Inspite of sufficient opportunity given, the prosecution has not secured CWs 2 & 3 panch witnesses. Hence, the evidence of CWs 2 & 3 are not available before this court.
10 S.C. No.1331/2023
14. No doubt, as submitted by the learned Public Prosecutor, PW-1 the then Police Sub Inspector and PW-3, the then Police Head Constable, during the course of their evidence, they have deposed that, on 26.03.2018 at about 4-00 am in the early morning, based on the credible information, they went near the place of incident along with other staff and two independent panch witnesses and made raid and caught hold Nos.1 to 5. Accused No.6 was ran away from the spot and escaped. They have seized iron rod, club, chopper, knife, CC TV Camara glass pieces and chilly powder packet by drawing a mahazar at Ex.P.1. PW-1 has further stated that he brought the accused persons and seized articles to the Police Station. He has prepared a report at Ex.P.2 and submitted before the SHO/CW-9. These PW-1 and 3 have also identified these accused No.1 as they were also present in the spot along with other accused and they have caught hold him and recovered M.O.1 to 6 from their custody. 11 S.C. No.1331/2023
15. PW-2, who is an Investigating Officer has deposed that he has received a report from PW-1-Police Sub Inspector, registered this case in crime No.73/2018 for the offences punishable under sections 399, 402 and 427 of IPC and send FIR at Ex.P.3. He has followed the procedure of arrest and recorded their voluntary statements. He has recorded the statements of CW-2 to 8. After medical examination, the accused were produced before the Learned Magistrate and they were remanded to Judicial custody. On 27.03.2018, CW-4 produced the accused No.6, who is Juvenile offender before him. Hence, he send the accused No.6 to Juvenile Justice Board. He has further investigated this case and filed this charge sheet against the accused Nos.1 to 5 for the offences punishable under sections 399, 402 and 427 of IPC.
16. But, in corroboration with the evidence of these PW-1 to 3-police officers, the prosecution has not secured CW2 & 3 panch witnesses and not examined them before the court inspite of issuance of proclamation. Hence, the 12 S.C. No.1331/2023 evidence of CW2 & 3 is not available before this court. Therefore, except evidence of police officers, who have initiated this proceedings, absolutely there is no corroborative evidence by anyone of the independent witnesses.
17. As rightly pointed out by the learned counsel for the accused, except the evidence by these PW-1, to 3, who are the police officers, who initiated this proceeding, absolutely there is no corroborative evidence by any one of the independent panch witness. Even according to the evidence of PW-1 & 3 police officers, based on the credible information, they confirmed that, in that particular spot, some of the persons were assembled and preparing for committing dacoity by holding deadly weapons. PW-1 called two independent panch witnesses CW-2 and 3 and made raid in their presence. They caught hold accused Nos.1 to 5 and recovered M.O.1 to 6 by drawing a mahazar in the presence 13 S.C. No.1331/2023 of these CW-2 and 3. But these independent panch witnesses are not secured.
18. It is not the case of the prosecution that, at the time of the alleged raid and recovery made, except police officers, none of the independent panch witnesses were present. Even according to the case of the prosecution, the said incident was occurred by the side of public road. Under all these circumstances, in the absence of corroborative evidence, by any one of the independent panch witness, solely based on the evidence of these police officers PW-1 to 3, who are the interested witnesses, it cannot be held that the prosecution has proved the guilt of the accused No.1 beyond reasonable doubt. Therefore, the prosecution has not placed any consisting and corroborative evidence to prove any of the alleged charges leveled against this accused. Hence, it creates a serious doubt about the involvement of this accused in the alleged incident. Therefore, the prosecution has failed to prove any of the 14 S.C. No.1331/2023 ingredients of the alleged offences by producing any consisting and corroborative evidence beyond reasonable doubt. Therefore, without any alternative, the benefit of doubt should be extended to this accused and he is entitled for acquittal. In view of the aforesaid reasons, I answer point Nos. 1 to 3 in "Negative"
19. POINT NO.4:- In the result, for the reasons stated above, I proceed to pass the following:-
ORDER The accused No.1-Chandru @ Kuteli is found not guilty. Hence, by acting under section 235(1) of Cr.P.C., the accused No.1 is hereby acquitted for the offences punishable under sections 399, 402 and 427 of Indian Penal Code.
The bail bonds of these accused No.1 and his surety stands cancelled.
15 S.C. No.1331/2023The original record and also M.O.1 to 6 may be retained till disposal of the case registered against accused No.5.
(Dictated to the Typist directly on the computer, corrected, signed and then pronounced by me in the open court on this the 28th day of May, 2025) Digitally signed by KRISHNAMURTHY KRISHNAMURTHY J B JB Date: 2025.05.28 17:54:50 +0530 (KRISHNAMURTHY J. B) LVIII ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-59) BENGALURU CITY.
ANNEXURE
1. LIST OF WITNESSES EXAMINED FOR PROSECUTION:
P.W.1 Doddaiah
P.W.2 Rama Naik
P.W.3 Jagadish
2. LIST OF DOCUMENTS EXHIBITED FOR PROSECUTION:
Ex.P.1 Mahazar
Ex.P.1(a & b) Signatures
Ex.P.2 Report
Ex.P.2(a & b) Signatures
Ex.P.3 F.I.R
Ex.P.3(a) Signature
16 S.C. No.1331/2023
3. LIST OF WITNESSES EXAMINED & DOCUMENTS EXHIBITED FOR ACCUSED:
- NIL -
4. LIST OF MATERIAL OBJECTS PRODUCED AND GOT MARKED FOR PROSECUTION IN S.C.NO.863/2019:
M.O.1 Chopper
M.O.2 Rod
M.O.3 Knife
M.O.4 Club
M.O.5 Chilly Powder Packet
M.O.6 CC TV Camera glass pieces.
(KRISHNAMURTHY J. B)
LVIII ADDL.CITY CIVIL AND
SESSIONS JUDGE (CCH-59)
BENGALURU CITY.
17 S.C. No.1331/2023
Judgment pronounced in the Open Court (vide separately) ORDER The accused No.1-Chandru @ Kuteli is found not guilty. Hence, by acting under section 235(1) of Cr.P.C., the accused No.1 is hereby acquitted for the offences punishable under sections 399, 402 and 427 of Indian Penal Code.
The bail bonds of these accused No.1 and his surety stands cancelled.
The original record and also M.O.1 to 6 may be retained till disposal of the case registered against accused No.5.
(KRISHNAMURTHY J. B) LVIII ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-59) BENGALURU CITY.