Bangalore District Court
State By Channammana vs Is Acquitted U/Sec.248(1) on 4 April, 2022
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, NRUPATUNGA ROAD,
BENGALURU.
Dated this the 04th day of April 2022
Smt. Reshma Jane Rodrigues,
M.Com., L L.M.,
II Addl., CMM, Bengaluru.
JUDGMENT U/S.355 OF Cr.P.C.
1. Sl. No. of the case : CC No.18494/2018
2. Date of commission : 06-02-2018
of the offence
3. Name of the complainant : State by Channammana
AchukattuPolice Station
4. Name of the accused : Prithviraj Arus @ Prithvi
s/o Gopalraj Arus,
28 years, Ra/t No.20 B C,
Chimmani Hills,
Hesarughatta Road,
Bagalagunte,
Bengaluru City.
5. The offences complained : U/s 354, 509, 506, 504 of
of proved IPC
6. Plea of the accused and : Pleaded not guilty
his examination
7. Final order : Accused is acquitted
8. Date of order : 04-04-2022
2 CC No.18498/2018
The Channammanakere Achukattu police have filed
charge sheet against the accused for the offences
punishable Under Section 354, 509, 506, 504 of IPC.
2. The brief facts of the prosecution case are as
under:
It is the case of the prosecution that CW1 was
residing at Rajalakshmi residency, Kaveri Nagar,
Katriguppe and the accused and CW1 were working in
Focus TV channel and even though the accused was
already married he started forcing the complainant to
marry her and started misbehaving with CW1 and hence
she was depressed and left the job. Later the accused
started to abusing in filthy language over phone and also
called her father and abused her in filthy language and
behaved indecently and gave life threat and thereby
committed the alleged offences.
3. On perusal of the records the accused is released
on bail. After filing charge sheet summons was issued to
the accused and after service of summons accused
appeared before the court and copy of the charge sheet was
furnished to the accused as provided U/s 207 of Cr.PC.
Later, charge was framed wherein he pleaded not guilty and
claimed to be tried.
4. In order to prove the guilt of the accused the
prosecution has to prove that the accused has committed
3 CC No.18498/2018
offences under section 354, 509, 506, 504 of IPC. In this
regard 8 witnesses are cited in the charge sheet and the
prosecution has got examined P.Ws.1 and 2 and relied
upon Exs.P1 to Ex.P3 documents.
5. Under Sec.313 Cr.P.C. statement of the accused is
dispensed with as there is no incriminating evidence
against the accused and the accused did not choose to lead
any defence evidence.
6. Heard the learned Sr.APP and the learned counsel
for accused.
7. P.Ws.1 and 2 in their chief examination deposed
adverse to the case of the prosecution. P.W.1 further stated
that she signed Ex.P1 in the police station and she does not
know its contents and nothing was seized in her presence
and denied the entire case of prosecution. P.W.1 and 2
have been treated as hostile witnesses by the learned
Sr.APP., and permitted to be cross examined. However
nothing is elicited in the cross examination in support of
the case of the prosecution and to prove the contents of
Exs.P.1 and 2 relied upon by the prosecution.
8. The P.Ws.1 and 2 are the material aggrieved
witnesses in this case and in view of the evidence of P.Ws.1
and 2 since there was no useful purpose to be served in
examining the rest of the witnesses the prayer of the
4 CC No.18498/2018
learned. Sr.APP., to issue process to rest of the witnesses
was rejected and they were dropped and since there was no
incriminating material against the accused Nos.1 and 2, the
u/Sec.313 Cr.P.C. statement is also dispensed with.
9. P.Ws.1 and 2 are the only material aggrieved
witnesses and they have denied all the allegations made
against the accused and they denied the case of the
prosecution. Hence, the examination of other witnesses will
only amount to abuse of process law. There is no oral or
documentary evidence placed on record by the prosecution
to prove charges against the accused. Taking an overall
view of the matter the accused is entitled to a benefit of
doubt and will have to be acquitted of the charges leveled
against him. Hence, I proceed to pass the following :
: ORDER :
Accused is acquitted u/Sec.248(1) of Cr.P.C., for the offences punishable u/Sec. 354, 504, 506, 509 of IPC.
Bail bond of accused and that of his surety stands cancelled after expiry of appeal period.
(Dictated to the stenographer, typed by her the transcript corrected by me and pronounced in open court on this the 04th day of April 2022) (Reshma Jane Rodrigues) II ACMM, Bengaluru.
5 CC No.18498/2018:ANNEXURE :
List of witness examined for prosecution :-
P.W-1 : Smt.Harsha P.W-2 : Ramesh
List of witnesses examined for defense:-
-NIL -
List of documents marked for prosecution :-
Ex.P-1 : Complaint Ex.P-1(a) : Signature of P.W-1 Ex.P-2 : Statement of P.W.2
List of documents marked for defense:-
- NIL -
List of material objects:-
- NIL -
II ACMM, Bengaluru.