Bangalore District Court
State By Mico Layout Police vs In 1. Naveen S/O Late.Muniyappa on 27 October, 2016
IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU CITY (CCH-69)
Dated this the 27th day of October 2016
PRESENT
Sri.Shivaji Anant Nalawade, B.Com., LL.B.(Spl.)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.
SESSIONS CASE Nos.1390/2014, S.C.817/2015 AND
S.C.818/2015
COMPLAINANT : State by MICO Layout Police,
Bangalore City.
(By Learned Public Prosecutor)
-Vs -
ACCUSED IN 1. Naveen S/o Late.Muniyappa,
S.C.818/2015: Aged about 25 years,
Residing at Janatha Colony,
1st Cross, Hulimavu,
Bannerghatta Road,
Bengaluru.
ACCUSED IN 2. Manja @ Bonda Manja
S.C.817/2015: S/o Late.Mariyappa,
Aged about 28 years,
Residing at Gullppamalai village,
Tharalu Post, Bengaluru South.
2 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
ACCUSED IN 3. Vinay S/o Ramesh,
S.C.1390/2015: Aged about 23 years,
Residing at No.824,
12th Cross, Weavers Colony,
Koli Farm Layout, B.G.Road,
Bengaluru.
4. Prasanna @ Rama .....Split-up
5. Sunil ......Split-up
6. Nandeesha .....Absconding
7. Muniswamy .....Absconding
ACCUSED IN 8. Nanjunda @ Kencha
S.C.1390/2015: S/o Nanjundashetty,
Aged about 26 years,
Residing at Chunchigatti
Main Road, 8th Cross,
Ganapathipura, Bengaluru.
ACCUSED IN 9. Lokesh @ Babu
S.C.1390/2015: S/o Ramaiah,
Aged about 30 years,
Residing at No.125,
Bajirahalli Mantapa village,
Anekal Taluk, Bengaluru.
(By Sri.M.B.S., Advocate)
1. Date of commission of offence 21-06-2014
2. Date of report of occurrence 21-06-2014
3. Date of commencement of evidence 07-09-2015
3 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
4. Date of closing of evidence 07-09-2016
5. Name of the complainant Sri.Srinivasa
6. Offences complained of Sec.143, 147, 148,
427, 307 r/w 149 of
I.P.C.
7. Opinion of the Judge Charges not proved
8. Order of sentence As per final order
COMMO N JUDGMENT
These cases are committed by the VI Addl.Chief
Metropolitan Magistrate Court, Bengaluru to the Hon'ble
Prl. City Civil and Sessions Judge, Bengaluru on the
ground that the offences punishable under Sec.143, 147,
148, 427, 307 r/w 149 of I.P.C. are exclusively triable by
the Court of Sessions.
2. The Police Sub-Inspector of MICO Layout Police
Station has filed the charge-sheet against the accused
No.1, 2, 3, 4, 5, 8 and 9 alleging that accused have
committed the offences under Sec.143, 147, 148, 427, 307
r/w 149 of I.P.C. arising out of MICO Layout Police Station
Crime No.426/2014.
4 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
3. The brief facts of the prosecution case are as
under:
It is the case of the prosecution that, accused No.1, 2,
3, 4, 5, 8 and 9 along with absconding accused No.6 and 7
on 21-06-2014 at 2-25 p.m. within the limits of MICO
Layout Police Station at BTM 4th Stage in the Bhumika
Spirit Shop which is on 80 feet road, formed unlawful
assembly with common object by holding deadly weapons
like Long, Club and picked up quarrel with CW.10-Rajesh
and committed rioting. Accused with common object
trespassed in the Bhumika Spirit Shop and broken glass
doors, broken alcohol bottles of different company kept in
the rack, broken the computer system which was kept near
the cash counter, broken credit card machine, fridge and
caused wrongful loss to the tune of Rs.5 to 6 lakhs to
Bhumika Spirit Shop. Accused in order to kill CW.10,
accused No.1 assaulted CW.10 with Hockey Stick and
accused have attempted to kill CW.10 and thereby
5 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
committed the offences under Sec.143, 147, 148, 427, 307
r/w 149 of I.P.C.
3(a) CW.22 who is the Police Sub-Inspector of MICO
Layout Police Station on 21-06-2014 at 5.00 p.m. when in
the Police Station, CW.1-Srinivas came to the Police Station
and submitted his oral complaint, CW.22 reduced the same
in writing and registered the same in Crime No.426/2014
and submitted FIR to the court. On the same day, CW.22
has visited the spot, called CW.2 and 3-Panchas, on the
spot CW.1 was present and shown the spot to CW.22,
CW.22 has verified the spot, on the spot Dell Company
Computer was broken, glass door was broken, alcohol
bottles of various Companies have been broken, credit card
machine was broken, damages were caused to the fridge,
he has drawn the Spot Mahazar in presence of Panchas
and at the time of Mahazar seized the broken computer
board, broken credit card machine, glass pieces, broken
alcohol bottle pieces, two clubs and also seized the blood
fell on the spot with the help of the cotton. CW.22 has
6 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
subjected the properties seized in P.F., on the same day
CW.22 has recorded further statement of complainant and
recorded the statements of CW.11, 12 and 13. On 22-06-
2014, CW.10 has recorded the statement of CW.10 at
Ashwini Hospital in presence of Medical Officers. On 24-
06-2014, CW.10 came to the Police Station and produced
Pant and Shirt which he worn on the date of incident which
were blood stained before CW.22. CW.22 has called CW.4
and 5-Panchas and seized the said clothes by drawing
Ex.P5-Mahazar and subjected the properties under P.F. On
27-06-2014, CW.18 to 21 have catch-hold the accused
Vinay, Sunil, Nanjunda, Lokesh and produced before
CW.22 at 3.00 p.m., CW.22 has arrested them. On the
same day CW.22 has called CW.10 to 13 to the Police
Station and shown the accused Vinay, Sunil, Nanjunda,
Lokesh to them. They have identified the accused and
stated that the said persons have assaulted CW.10. CW.22
has recorded their further statements. On the same day
CW.22 has enquired accused No.4, 5, 8 and 9, they have
7 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
given voluntary statements before CW.22 and CW.22 has
recorded the same. Accused No.8 has given voluntary
statement before CW.22 and wherein he has stated that if
he has taken to the place shown by him, he will show the
Autorickshaw which is used for committing the offence as
per Ex.P20. On the same day CW.6 and 7-Panchas given
information to them. Accused No.8 has taken CW.22, his
officials and Panchas to the Weavers Colony, Gottigere,
B.G.Road and shown the Auto which was parked in front of
the house of one Ramanna and stated that the said Auto
was used for committing the offence. CW.22 has verified
the Auto bearing Reg. No.KA-01-AC-89 and thereafter
CW.22 has drawn the mahazar as per Ex.P21 and seized
the Auto thereafter CW.22 has subjected the properties
under P.F.
3(b) Accused No.3 has given voluntary statement
before CW.22 and wherein he has stated that if he has
taken to the place shown by him he will show the spot of
incident, the place where the Hockey Stick used for
8 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
committing the offence was thrown as per Ex.P23.
Thereafter CW.22 has called CW.4 and 5-Panchas, given
information to them, accused No.3 has taken CW.22, his
officials and Panchas to Vijaya Bank Layout near RTO
office in the open space which is on the corner of the RTO
office, accused No.3 stated that he has thrown the Hockey
Sticks used for committing the offence and produced the
hockey stick from that place in presence of Panchas, CW.22
has drawn the Seizure Mahazar as per Ex.P4 and seized the
said hockey stick. CW.22 has subjected the property under
P.F. On 04-07-2014, CW.22 has obtained the Wound
Certificate of CW.10, included the same in the file. On 11-
07-2014 the officials of CW.22 viz., CW.16 and 17 have
catch-hold accused No.4-Prasanna @ Dhama and produced
before CW.22 and CW.22 has arrested accused No.4 and
enquired him, accused No.4 has given voluntary statement
before CW.22 and in the voluntary statement accused No.4
has stated that if he has accompanied he will show the spot
of incident, the place where the Club used for committing
9 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
the offence was thrown as per Ex.P25, thereafter CW.22
has called CW.8 and 9-Panchas, given information to them,
accused No.4 has taken CW.22, Panchas and officials to
BTM 4th Stage near the Petrol Bunk and removed the Club
from the Charandi and produced before CW.22 saying that
the same is used for committing the offence. CW.22 has
drawn Mahazar as per Ex.P26 and seized the said Club,
thereafter CW.22 has subjected the properties under P.F.,
thereafter CW.22 has entrusted accused No.4 to judicial
custody. On the same day, CW.22 has recorded the
statement of CW.16. On 30-07-2014, CW.22 has sent the
properties seized in this case to FSL for examining and
submitting his Report through H.C.4117, thereafter CW.22
has made efforts to catch-hold the accused No.1, 2, 6 and
7, they were absconding so CW.22 has filed charge-sheet
against accused No.3, 4, 5, 8, 9 and shown in the charge-
sheet that accused No.1, 2, 6 and 7 are absconding and
separate charge-sheet will be filed against them after their
securance.
10 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
4. After filing the charge-sheet by the Investigating
Officer against accused No.3, 4, 5, 8 and 10 before the VI
Addl.Chief Metropolitan Magistrate Court, Bengaluru, VI
Addl.Chief Metropolitan Magistrate Court, Bengaluru has
taken cognizance and registered the case against accused
No.3, 4, 5, 8 and 9 in C.C.24576/2014. Thereafter, VI
Addl.Chief Metropolitan Magistrate Court, Bengaluru has
secured the presence of accused No.3, 4, 5, 8, 9 and
furnished charge-sheet copies to them as contemplated
under Sec.207 of Cr.P.C. Thereafter, VI Addl.Chief
Metropolitan Magistrate Court, Bengaluru has committed
the case against accused No.3, 4, 5, 8 and 9 before the
Hon'ble Prl. City Civil and Sessions Judge, Bengaluru and
the same was registered as S.C.1390/2014 and made over
to Fast Track Court-XIV as the offence alleged aginst the
accused under Sec.307 I.P.C. is exclusively triable by the
Court of Sessions. After establishment of this court, this
case was made over to this court.
11 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
5. After receipt of the records this court has
secured the presence of accused No.3, 8, 9 and even
though NBW issued against accused No.4 and 5 for
securing their presence, the same returned unexecuted and
as delay is causing this court has splitted the case against
accused No.4 and 5 and directed the office to call separate
charge-sheet against accused No.4 and 5. Thereafter,
heard the learned Public Prosecutor for state on charge to
be framed. Charge framed against the accused under
Sec.228 of Cr.P.C. for the offences under Sec.143, 147,
148, 427, 307 r/w 149 of I.P.C. and read-over the same to
the accused, accused pleaded not guilty and claimed to be
tried.
6. Investigating Officer after securance of accused
No.2 has filed splitted charge-sheet against accused No.2
before the VI Addl.Chief Metropolitan Magistrate Court,
Bengaluru, VI Addl.Chief Metropolitan Magistrate Court,
Bengaluru has taken cognizance and registered the case
against accused No.2 in C.C.5113/2015. Thereafter, VI
12 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
Addl.Chief Metropolitan Magistrate Court, Bengaluru has
secured the presence of accused No.2 and furnished
charge-sheet copy to him as contemplated under Sec.207 of
Cr.P.C. Thereafter, VI Addl.Chief Metropolitan Magistrate
Court, Bengaluru has committed the case against accused
No.2 before the Hon'ble Prl. City Civil and Sessions Judge,
Bengaluru and the same was registered as S.C.817/2015
and made over to this court as the offence alleged against
the accused under Sec.307 I.P.C. is exclusively triable by
the Court of Sessions.
7. After receipt of the records this court has
secured the presence of accused No.2. Thereafter, heard
the learned Public Prosecutor for state on charge to be
framed. Charge framed against the accused under Sec.228
of Cr.P.C. for the offences under Sec.143, 147, 148, 427,
307 r/w 149 of I.P.C. and read-over the same to the
accused, accused pleaded not guilty and claimed to be
tried.
13 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
8. Investigating Officer after securance of accused
No.1 has filed splitted-charge-sheet against accused No.1
before the VI Addl.Chief Metropolitan Magistrate Court,
Bengaluru, VI Addl.Chief Metropolitan Magistrate Court,
Bengaluru has taken cognizance and registered the case
against accused No.1 in C.C.15835/2015. Thereafter, VI
Addl.Chief Metropolitan Magistrate Court, Bengaluru has
secured the presence of accused No.1 and furnished
charge-sheet copy to him as contemplated under Sec.207 of
Cr.P.C. Thereafter, VI Addl.Chief Metropolitan Magistrate
Court, Bengaluru has committed the case against accused
No.1 before the Hon'ble Prl. City Civil and Sessions Judge,
Bengaluru and the same was registered as S.C.818/2015
and made over to this court as the offence alleged against
the accused under Sec.307 I.P.C. is exclusively triable by
the Court of Sessions.
9. After receipt of the records this court has
secured the presence of accused No.1. Thereafter, heard
the learned Public Prosecutor for state on charge to be
14 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
framed. Charge framed against the accused under Sec.228
of Cr.P.C. for the offences under Sec.143, 147, 148, 427,
307 r/w 149 of I.P.C. and read-over the same to the
accused, accused pleaded not guilty and claimed to be
tried.
10. S.C.1390/2014, S.C.817/2015 and S.C.
818/2015 arising out of Crime No.426/2014, so all the
cases are clubbed and it is further ordered that common
evidence is to be recorded in S.C.1390/2014 and dispose off
all the cases by this common judgment.
11. Thereafter prosecution has called upon to prove
the guilt of the accused by examining prosecution
witnesses. Prosecution in order to prove the guilt of the
accused beyond all reasonable doubt in all examined 12
witnesses as PW.1 to 12, got marked 27 documents as
Ex.P1 to 27 and got marked 11 material objects as MO.1 to
11 and closed its side. Thereafter, accused examined under
Sec.313 Cr.P.C. to enable them to explain the incriminating
circumstances appearing against them in the prosecution
15 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
evidence. Accused denied the statement in toto and further
stated that they have no defence evidence and they have
nothing to say, thereafter the case is posted for arguments.
12. Heard the arguments advanced by the learned
counsel for the accused in all the cases and learned Public
Prosecutor for state in all the cases in length.
13. The points that arise for my determination are:
1. Whether the prosecution proves
beyond all reasonable doubt that
accused No.1, 2, 3, 8 and 9 along with
splitted accused No.4 and 5 and
absconding accused No.6 and 7 on
21-06-2014 at 2.25 p.m. within the
limits of MICO Layout Police Station at
BTM 4th Stage, in the Bhumika Spirit
Shop, which is on the 80 feet road,
formed unlawful assembly with
common object by holding deadly
weapons like Long, Club and picked
up quarrel with CW.1-Rajesh and
committed rioting and thereby
accused have committed offence
punishable under Sec.143, 147,
148 r/w 149 of IPC?
16 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
2. Whether the prosecution proves
beyond all reasonable doubt that
accused No.1, 2, 3, 8 and 9 along with
splitted accused No.4 and 5 and
absconding accused No.6 and 7, on
the above said date, time and place
formed unlawful assembly with
common object accused trespassed in
the Bhumika Spirit Shop and broken
glass doors, broken alcohol bottles of
different companies kept in the racks,
broken the computer system which
was kept near the cash counter,
broken the credit card machine, fridge
and caused wrongful loss to the tune
of Rs.5 to 6 lakhs to Bhumika Spirit
and thereby committed offence
punishable under Sec.427 r/w 149
of IPC?
3. Whether the prosecution proves
beyond all reasonable doubt that
accused No.1, 2, 3, 8 and 9 along with
splitted accused No.4 and 5 and
absconding accused No.6 and 7, on
the above said date, time and place
formed unlawful assembly with
common object in order to kill CW.10
accused No.1 assaulted CW.10 with
hockey stick and attempted to kill
CW.10 and thereby committed offence
17 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
punishable under Sec.307 r/w 149
of IPC?
4. What Order?
14. My findings on the above points are as follows:-
POINT No.1 to 3 : In the Negative;
POINT No.4 : As per final order
for the following;
REASONS
15. POINT NO.1 to 3: As these points are inter-
linked with each other, to avoid repetition of facts, I have
taken these points together for discussion.
16. It is the case of prosecution that the accused
have committed the offences punishable under Sec.143,
147, 148, 427, 307 r/w 149 of I.P.C. and in order to prove
the guilt of the accused the prosecution in all examined 12
witnesses and they are;
PW.1-Srinivasa son of Puttaswamy-complainant,
PW.2-Manjunatha son of Marigowda-Pancha on Spot
Mahazar Panchanama, PW.3-Manu son of Ramachandra-
18 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
Pancha on Ex.P4 Seizure Mahazar, PW.4-Rajesh son of
Biligowda-injured eye witness, PW.5-Shivaraju son of
Krishnegowda-eye witness, PW.6-Srinivas son of
Ramachandra-eye witness, PW.7-Dr.Chandrashekar son of
Ramachandra-Medical Officer, PW.8-Puttamadaiah son of
Veeraiah-Head Constable who has taken the seized articles
to FSL, PW.9-Dr.Chandrashekar son of Kambegowda-FSL
Officer, PW.10-T.K.Krishna son of Late.Kamanna-ASI who
catch-hold the accused and produced before SHO, PW.11-
Shivananda son of D.C.Chennegowda-Head Constable who
catch hold the accused and produced before the SHO,
PW.12-Ravikumar H.A. son of Late.Anjanappa-Investigating
Officer.
17. In order to prove the guilt of accused
prosecution has marked the following 27 documents;
Ex.P1-Complaint, Ex.P2-Spot Mahazar, Ex.P3- 9
Photos of the spot, Ex.P4-Seizure Mahazar for seizure of
MO.7 Hockey Stick, Ex.P5- Seizure Mahazar for seizure of
19 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
blood stained clothes of CW.10, Ex.P6-Portion of statement
of PW.4, Ex.P6(a)- Portion of statement of PW.4, Ex.P6(b)
Portion of statement of PW.4, Ex.P7-Portion of further
statement of PW.4, Ex.P8-Portion of statement of PW.5,
Ex.P9-Portion of further statement of PW.5, Ex.P10-Wound
Certificate, Ex.P11-Portion of statement of PW.6, Ex.P12-
Portion of further statement of PW.6, Ex.P13-Passport,
Ex.P14-FSL acknowledgement, Ex.P15-FSL Report, Ex.P16-
FSL Seal, Ex.P17-FIR, Ex.P18-P.F.No.126/2014, Ex.P19-
P.F.No.128/2014, Ex.P20-Portion of voluntary statement of
accused No.5, Ex.P21-Seizure Mahazar, Ex.P22-
P.F.No.130/2014, Ex.P23-Portion of voluntary statement of
accused No.3, Ex.P24-P.F.No.131/2014, Ex.P25-Portion of
voluntary statement of accused No.4, Ex.P26-Seizure
Mahazar, Ex.P27-P.F.No.146/2011.
18. In order to prove the guilt of the accused
prosecution in all marked 11 material objects and they are;
20 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
MO.1-Broken Dell Company Computer, MO.2-Credit
Card Machine, MO.3-Glass pieces, MO.4-broken 9 bottles,
MO.5 and 6-Clubs, MO.7-Cotton used for collecting the
blood found on the spot, MO.8-Hockey stick, MO.9-blood
stained shirt belongs to CW.10, MO.10-Jeans Pant, MO.11-
One Club.
19. Prosecution examined PW.1. PW.1 in his
evidence stated that since 7-8 years earlier to his evidence
he is working as Manager at Bhumi Spirit Shop. At Bhumi
Spirit Shop they will sell the alcohol, Bhumi Spirit is having
4 shops, he know CW.10, CW.11 and CW.12. CW.10 is the
cashier at BTM Layout, Bhumi Spirit Shop. On 20-06-2014
at 10.20 to 10.30 p.m. exchange of words took-place
between CW.10 and 5 persons belongs to one Ambarish and
the said 5 persons have threatened CW.10, they will come
tomorrow and see him and CW.10 told the same to him and
he told CW.10 to be aware. Further this witness has stated
that on 21-06-2013 at 2.30 to 3.00 p.m., 7-8 persons came
to Bhumi Spirit Shop where CW.10 was working as Cashier
21 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
and they were holding Hockey sticks, Clubs and they have
broken the front glass of the shop, they have broken the
alcohol bottles, broken the credit card machine, printer
machine, fridge with the help of Clubs. The said 7-8
persons have assaulted CW.10 with Clubs and attempted to
kill him, CW.10 has informed the same to him and
thereafter he came to Bhumi Spirit Shop where CW.10 was
working and there glasses were broken, alcohol bottles were
broken, computer, credit card machine, fridge were broken.
CW.10 has sustained injuries to his head, he has shifted
the CW.10 to Ashwini Hospital. Further this witness has
stated that the said quarrel was recorded in the CC TV
Camera which was fixed in the Bhumi Spirit. The said
persons have caused loss of Rs.5 to 6 lakhs by damaging
the glasses, bottles, computer, credit card machine and
fridge. When he came to the said shop, the said persons
were not there, they went away in the Auto in which they
came, thereafter they have lodged a complaint and
identified the same as Ex.P1. After he lodged the complaint,
22 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
Police came to the spot, Police have verified the spot, Police
have also verified the CC TV, Police have drawn Mahazar as
per Ex.P2 and seized the glasses, credit card machine,
broken glass pieces from the spot and identified the said
articles as MO.1 to 6. Further this witness has stated that
Police have also obtained Photos of the spot and identified 9
photos as Ex.P3. This witness has stated that he has seen
the persons who caused damages in the shop in the CC TV
and identified the persons which he has seen in the CC TV.
This witness has been cross-examined by the counsel for
the accused and in the cross-examination this witness has
admitted that on 21-06-2014, Police have not visited Bhumi
Spirit. Further this witness in the cross-examination
admitted that he has put Ex.P2(a)-signature in the Police
Station and he is not knowing what is written in Ex.P2-
Mahazar. Further this witness has admitted that in Bhumi
Spirit CC TV were not installed and further admitted that he
has seen the accused present before the court in the court
itself on the last date of hearing in the court. This witness
23 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
has not witnessed the incident and this witness came to
know regarding the incident through CW.10. CW.10
himself has not identified the accused persons. Further in
the present case Investigating Officer has not seized the CC
TV Camera. This witness has stated that he identified the
accused in CCTV Camera and in the cross-examination
done by him by the counsel for the accused this witness has
admitted that in the shop CCTV was not installed. If really
CCTV was installed and incident was recorded in the CCTV,
Investigating Officer ought to have seized the same and
produced in this case, Investigating Officer has not seized
the CCTV Camera and not produced the same. So the
version of this witness that he has seen the accused
persons in the CCTV is unacceptable one.
20. Prosecution has examined PW.2. PW.2 is the
spot Mahazar Pancha and he in his evidence stated that one
year earlier to his evidence the Computer, alcohol bottles
which were in the Bhumi Spirit Shop were broken, the
Cashier of the said shop has been assaulted and the blood
24 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
fell on the spot and Police came to the spot and Police have
enquired there and seized the articles and Police have
drawn Mahazar as per Ex.P2 and obtained his signature
and identified his signature as Ex.P2(b) and identified the
articles seized by the Police as MO.1 to 7. This witness has
been cross-examined by the counsel for the accused and in
the cross-examination this witness has admitted that he
has put Ex.P2(b)-signature in the Police Station and further
this witness has stated that CW.1 is known to him.
21. Prosecution has examined PW.3 and PW.3 is the
Pancha on Seizure Mahazar and PW.3 in his evidence stated
that on 27-06-2014 the MICO Layout Police have brought
the accused Vinay near Bhumi Spirit Shop. Accused Vinay
has taken the Police near RTO office and produced one
Hockey stick and Police have put the said articles in the
cloth and taken the said Hockey stick and obtained his
signature and identified his signature on Ex.P4 as Ex.P4(a)
and identified the said Hockey stick as MO.8. Further this
witness has stated that he cannot identify the said Vinay,
25 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
he has forgotten his face cut. Further this witness has
stated that earlier to 27-06-2014, Police have not taken him
elsewhere, on the document shown to him his signature is
there and the said document is marked as Ex.P5 and his
signature is marked as Ex.P5(a). Further this witness has
stated that he has put Ex.P5(a)-signature in the Police
Station when CW.10 has produced his blood stained clothes
which he worn on the date of incident and also identified
the shirt produced by CW.10 as MO.9 and Jeans Pant
produced by the witness as MO.10. The learned Public
Prosecutor has treated this witness hostile in part and
cross-examined him and this witness has stated that he
cannot say whether the accused shown to him is the
accused Vinay. The counsel for the accused cross-
examined this witness and this witness has admitted that
he has put Ex.P4(a)-signature in the Police Station and put
Ex.P5(a)-signature, where the Hockey stick is seized.
Further this witness in the cross-examination admitted that
he is working in the Bhumi Spirit Shop till today. Further
26 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
this witness has admitted that CW.1 is also working in the
Bhumi Spirit and he known him. Further this witness has
admitted that as per the say of CW.1 he is giving false
evidence.
22. Prosecution has examined PW.4 and PW.4 is the
injured eye witness and he in his evidence stated that in the
year 2014 he was working as Cashier in Bhumi Spirit which
is at BTM Layout. CW.11 is the Manager of the Bhumi
Spirit. 3 years earlier to his evidence at 2.00 p.m., when he
was in the Bhumi Spirit Shop, at that time 5-6 persons
came in the shop and they have assaulted him with Clubs,
out of those persons one person assaulted him with Club on
his head and remaining persons have broken the glass,
alcohol bottles, computer, credit card machine, fridge and
caused damage to the tune of Rs.1 lakh. CW.1 has lodged
complaint regarding the incident. He has sustained injury
to the head and he has been admitted to Nimhans Hospital,
he has taken inpatient treatment in the Nimhans Hospital
for one day, Police have visited the Hospital and Police have
27 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
not obtained his statement, Police have obtained his
statement on the next day in the Bhumi Spirit Shop.
Earlier to the incident the said persons have not visited to
the shop. After 10 days, Police have called him to the Police
Station and shown 5 persons to him and he told the Police
that he cannot identify the said persons, he has not seen
the accused present in the court earlier to his evidence. He
cannot identify the persons who have assaulted him and
who have caused damages to the shop. Prosecution treated
this witness hostile, cross-examined him and nothing has
been made out in the cross-examination of this witness so
as to help the prosecution to prove the guilt of the accused.
23. Prosecution has examined PW.5. PW.5 in his
evidence stated that he is working in the Bhumika Spirit
Shop which is situated at BTM Layout. He know CW.1 and
10, they are also working at Bhumika Spirit Shop. 3 years
earlier to his evidence at 3.00 p.m., someone came and
broken the alcohol bottles, computer in the shop, he has
not seen the said persons, when they came he ran away
28 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
from that place. CW.10 has sustained injuries, he has not
seen the said persons, he has not seen the accused present
before the court, he has not given statement before the
Police. Prosecution treated this witness hostile, cross-
examined him and nothing has been made out in the cross-
examination of this witness so as to help the prosecution to
prove the guilt of accused.
24. Prosecution examined PW.6. PW.6 in his
evidence stated that CW.1 is the Manager in Bhumi Spirit
Shop, CW.10 was the Cashier in Bhumi Spirit. CW.12 also
working in Bhumi Spirit Shop. On 20-06-2014 at 10.20
p.m., he was in the Bhumi Spirit and he was doing work of
supplier, at that time at the Cash counter two persons came
and they were quarreling with CW.10 and the said persons
were telling that they are boys from Ambarish side and the
said boys went telling that they will come tomorrow. On 21-
06-2014 at 2.45 p.m., 7-8 persons came to Bhumi Spirit
and they have broken the alcohol bottles with the Hockey
stick, they have assaulted CW.10 with Hockey stick on his
29 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
head, CW.10 has sustained injuries, they assaulted CW.10
in order to kill him. The persons who came to Bhumi Spirit
on 21-06-2014 are not before the court, he has not seen the
accused present before the court earlier. On 26-06-2014,
Police called him to the Police Station and shown 5-6
persons and he identified two persons out of them as the
persons who came to Bhumi Spirit on 20-06-2014 in the
night, he has not identified other persons, he cannot
identify the persons, he has identified in the Police Station.
He has not seen the accused persons earlier. Prosecution
treated this witness hostile, cross-examined him and
nothing has been made out in the cross-examination of this
witness so as to help the prosecution to prove the the guilt
of accused.
25. Prosecution has examined PW.7 and PW.7 is the
Medical Officer and he in his evidence stated that in the
year 2006 he was working as Casualty Medical Officer at
Ashwini Hospital. On 21-06-20145 MICO Layout Police
brought one injured person by name Rajesh at 2.30 p.m. on
30 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
the history of assault on the same day at 2.25 p.m. in the
Bar by the customers of the Bar, he has not seen the
injured, one Dr.Rangarajan has given treatment to the
injured. In the year 2006, Dr.Rangarajan was working in
the Ashwini Hospital. He can identify the signature of
Rangarajan and identified the signature of Rangarajan and
Ex.P10-Wound Certificate as Ex.P10(a). The counsel for the
accused cross-examined this witness and this witness has
admitted that he has not given any treatment to the injured.
26. Prosecution has examined PW.8 and PW.8 in his
evidence stated that in the year 2014 he was working as
Head Constable at MICO Layout Police Station. On 30-07-
2014, Police Sub-Inspector of his Police Station has
handed-over 5 sealed articles in this case to him and asked
him to produce before the FSL office for examination and
submitting the Report and accordingly he has taken the
said articles and produced in the FSL office and obtained
acknowledgment and identified the acknowledgement as
Ex.P14.
31 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
27. Prosecution has examined PW.9. PW.9 in his
evidence stated that, in the year 2014 he was working as
Scientific Officer at FSL, Madivala. On 30-07-2014, his
office has received 5 sealed articles from MICO Layout
Police in Crime No.426/2014 and the said articles were
handed-over to him for examination and submitting the
Report. The seals of the said articles were intact and
tallying with the sample seals sent by the Investigating
Officer. He has opened the said articles and the said
articles were two Clubs one cotton which is used for
collecting the blood, article No.4 was a blood stained shirt
article No.5 was Jeans Pant, he has examined the said
articles. Article No.1, 2, 4 and 5 were stained with human
blood which belongs to 'A' Group. The blood stains found
on Article No.3 was not fit for analysis and for examining
the articles he has submitted Report and identified the
same as Ex.P15.
28. Prosecution has examined PW.10 who is the ASI
of MICO Layout Police Station and he in his evidence stated
32 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
that in the year 2014 he was working as ASI at MICO
Layout Police Station. On 11-07-2014 he and CW.17 were
asked to catch-hold the accused in this case and they have
contacted the informants and when they came near
Bannerghatta Road, the informants have shown one person
and they have catch-hold him and asked him his name, he
told his name as Prasanna @ Dhama S/o Siddaramaiah.
They have catch-hold him and brought to the Police Station
and produced before Police Sub-Inspector and identified the
person catch-hold by them as accused No.4.
29. Prosecution has examined PW.11. PW.11 in his
evidence stated that in the year 2014 he was working as
Head Constable at MICO Layout Police Station. On 27-06-
2014, the Police Sub-Inspector of his Police Station asked
him, CW.19, CW.20 and CW.21 for catch-holding the
accused and they went for search of the accused, contacted
the informants and the informants have shown 4 persons
and they have catch-hold them and asked their names, they
told their names as Vinay, Nanjunda, Lokesh Babu and
33 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
Sunil. They have brought the said persons and produced
before the Police Sub-Inspector and identified the accused
No.3, 8, 9 who were present before the court as the persons
catch-hold by them.
30. Prosecution has examined PW.12 and PW.12 is
the Investigating Officer who has investigated the matter
and he has stated regarding the investigation done by him.
31. It is the specific case of the accused during the
cross-examination of prosecution witnesses that they have
not committed any offences as alleged against them, they
have been falsely implicated in this case only on suspicion.
Investigating Officer has failed to trace out the real culprits
and got involved them in this case. In the present case,
prosecution has examined the complainant as PW.1 and
complainant has not witnessed the incident, complainant
came to know regarding the incident through CW.10.
Complainant in his evidence stated that he has seen the
accused persons in CCTV Camera and in the cross-
34 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
examination complainant has admitted that in the Bhumi
Spirit Shop CCTV Camera is not installed. Further
Investigating Officer has not seized the CCTV Cameras in
this case. So the version of PW.1 will no way help the
prosecution to prove the guilt of the accused.
32. Prosecution has examined PW.4 and PW.4 is the
injured eye witness and he has not identified the accused
as the persons who assaulted him and who have caused
damages to the Bhumi Spirit Shop. PW.4 has stated that
he cannot identify the person who came to Bhumi Spirit on
that day and who assaulted him and who caused damage
to the Bhumi Spirit shop, so the evidence of PW.12 will no
way help the prosecution. PW.5 and 6 are the eye-
witnesses, they also turned hostile, so their evidence will no
way help the prosecution to prove the guilt of accused. In
the present case, none of the witnesses examined by the
prosecution has identified the accused. It is the specific
case of the accused that Investigating Officer has failed to
catch-hold real culprits and only arrested them on
35 S.C.1390/2014, S.C.817/2015
& S.C.818/2015
suspicion and got inflicted them in this case. So the
evidence of official witnesses wilt not corroborate the case
of prosecution. The evidence of PW.1 to 12, Ex.P1 to 27
and MO.1 to 10 will not prove the guilt of accused beyond
reasonable doubt. As per the well settled principle of
criminal law, benefit of doubt goes to the accused and in
the present case giving benefit of doubt to the accused, I
hold that prosecution has utterly failed to prove the guilt of
the accused beyond reasonable doubt. Hence, I answered
point No.1 to 3 in the NEGATIVE.
33. POINT No.4: In view of my findings point No.1
to 3 and reasons stated there, I proceed to pass the
following:
ORDER
Acting under Sec.235(1) Cr.P.C. accused No.1-Naveen, accused No.2-Manja @ Bonda Manja, accused No.3-Vinay, accused No.8- Nanjunda @ Kencha and accused No.9-Lokesh @ Babu are acquitted for the offences punishable 36 S.C.1390/2014, S.C.817/2015 & S.C.818/2015 under Sec.143, 147, 148, 427, 307 r/w 149 of I.P.C.
Bail bonds of the accused stands cancelled forthwith.
As the case against accused No.4 and 5 is splitted, no order as to disposal of properties.
Keep the original of this judgment in S.C.1390/2014 and copies in S.C.817/2015 and S.C.818/2015.
(Dictated to the Judgment Writer, transcribed by her, corrected, signed and then pronounced by me in the open court on this the 27th day of October 2016) (SHIVAJI ANANT NALAWADE) LXVIII Addl. City Civil and Sessions Judge, Bengaluru City.
ANNEXURE Witnesses examined for the prosecution:
PW.1 Srinivasa CW.1 07-09-2015 PW.2 Manjunatha CW.2 07-09-2015 PW.3 Manu CW.4 07-09-2015 PW.4 Rajesh CW.10 31-05-2016 PW.5 Shivaraju CW.12 31-05-2016
37 S.C.1390/2014, S.C.817/2015 & S.C.818/2015 PW.6 Srinivasa CW.11 26-07-2016 PW.7 Dr.Chandrashekar CW.15 26-07-2016 PW.8 Puttamadaiah CW.14 11-08-2016 PW.9 Dr.Chandrashekar CW.23 26-08-2016 PW.10 T.Krishna CW.16 07-09-2016 PW.11 Shivananda CW.18 07-09-2016 PW.12 H.P.Ravi Kumar CW.22 07-09-2016 Documents marked for the prosecution:
Ex.P1 Complaint CW.1 07-09-2015 Ex.P1(a) Signature of PW.1 CW.1 07-09-2015 Ex.P2 Mahazar CW.1 07-09-2015 Ex.P2(a) Signature of PW.2 CW.1 07-09-2015 Ex.P3 9 Photos CW.1 07-09-2015 Ex.P4 Mahazar CW.4 07-09-2015 Ex.P4(a) Signature of PW.3 CW.4 07-09-2015 Ex.P5 Mahazar CW.4 07-09-2015 Ex.P5(a) Signature of PW.3 CW.4 07-09-2015 Ex.P6 Statement of PW.4 CW.10 31-05-2016 Ex.P6(a) Statement of PW.4 CW.10 31-05-2016 Ex.P7 Further statement of PW.4 CW.10 31-05-2016 Ex.P8 Statement of PW.5 CW.12 31-05-2016 Ex.P9 Further statement of PW.5 CW.12 31-05-2016 Ex.P10 Wound Certificate CW.15 26-07-2016 Ex.P10(a) Signature of PW.7 PW.15 26-07-2016
38 S.C.1390/2014, S.C.817/2015 & S.C.818/2015 Ex.P11 Statement of PW.6 CW.11 26-07-2016 Ex.P12 Statement of PW.6 CW.12 26-07-2016 Ex.P13 Passport of PW.8 CW.14 11-08-2016 Ex.P14 Acknowledgement CW.14 11-08-2016 Ex.P15 FSL Report CW.23 26-08-2016 Ex.P15(a) Signature of PW.9 CW.23 26-08-2016 Ex.P16 Sample Seal CW.23 26-08-2016 Ex.P16(a) Signature of PW.9 CW.23 26-08-2016 Ex.P17 FIR CW.22 07-09-2016 Ex.P17(a) Signature of PW.12 CW.22 07-09-2016 Ex.P18 FIR CW.22 07-09-2016 Ex.P18(a) Signature of PW.12 CW.22 07-09-2016 Ex.P19 PF. No.128/14 CW.22 07-09-2016 Ex.P19(a) Signature of PW.12 CW.22 07-09-2016 Ex.P20 Statement of accused CW.22 07-09-2016 Ex.P21 Mahazar CW.22 07-09-2016 Ex.P21(a) Signature of PW.12 CW.22 07-09-2016 Ex.P22 P.F.No.130/14 CW.22 07-09-2016 Ex.P22(a) Signature of PW.22 CW.22 07-09-2016 Ex.P23 Statement of accused CW.22 07-09-2016 Ex.P24 P.F.No.131/14 CW.22 07-09-2016 Ex.P24(a) Signature of PW.12 CW.22 07-09-2016 Ex.P25 Portion of voluntary CW.22 07-09-2016 statement of accused No.4 Ex.P26 Seizure Mahazar CW.22 19-09-2016 39 S.C.1390/2014, S.C.817/2015 & S.C.818/2015 Ex.P26(a) Signature of PW.12 CW.22 19-09-2016 Ex.P27 P.F.No.146/2014 CW.22 19-09-2016 Ex.P27(a) Signature of PW.12 CW.22 19-09-2016 Material objects marked for the prosecution:
MO.1 Dell Computer MO.2 Credit Card Machine MO.3 Glass door pieces MO.4 Broken 9 bottles MO.5, 6 Clubs MO.7 Cotton used for collecting the blood MO.8 Hockey stick MO.9 Blood stained shirt belongs to CW.10 MO.10 Jeans Pant MO.11 One Club
Witness examined, documents and material objects marked for the accused:
- Nil -
LXVIII Addl. City Civil and Sessions Judge, Bengaluru City.