Bangalore District Court
Station vs He Has Appeared Before This Court And ... on 24 February, 2023
1 C.C.No.36768/2022
Digitally signed by
KABC030865852022 VEEDAMOORTHY VEEDAMOORTHY B
BS S SADANANDABHAT
SADANANDABHAT BOLLAJE
BOLLAJE Date: 2023.02.24
16:46:32 +0530
Presented on : 26-11-2022
Registered on : 26-11-2022
Decided on : 24-02-2023
Duration : 0 years, 2 months, 28 days
IN THE COURT OF THE II ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY
Dated this 24th day of February 2023
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.36768/2022 Date of commission of the
2. 07.03.2010 to 27.05.2022 offence (As per F.I.R.) Subramanyapura Police
3. Name of the complainant Station, Bengaluru City Naveen S., S/o Late Surya Prakash, Aged about 34 years, R/at No.103, 2nd Cross,
4. Name of the accused Srinivasa Colony, AGS Layout, Bengaluru City-560061.
2 C.C.No.36768/2022The offences complained Sections 323, 498A, 504 and
5.
of 506 of the Indian Penal Code 6. Plea of the accused Pleaded not guilty 7. Final order Accused is acquitted 8. Date of order 24.02.2023
The Police Sub-Inspector of Subramanyapura Police Station, Bengaluru City has filed Police Report against the above named accused alleging that he has committed the offences punishable under Sections 323, 498A, 504 and 506 of the Indian Penal Code.
2. The Prosecution case in brief is that the accused married CW1 on 07.03.2010. After their marriage, they were residing at No.103, 2nd Cross, Srinivasa Colony, A.G.S.Layout, Bengaluru within the territorial jurisdiction of Subramanyapura Police Station. At that time, the accused was quarreling with CW1 for petty matters; he was abusing her in filthy languages; he was giving life threat stating that he will take away her life and harassing her physically and mentally. On 27.05.2022, the accused assaulted CW1 by biting her to her cheek and voluntarily caused simple hurt to 3 C.C.No.36768/2022 her stating that she should go to the house of her father and he will marry again. Thereby, the accused has committed the offences punishable under Sections 323, 498A, 504 and 506 of the Indian Penal Code.
3. Based on the First Information of CW1, the crime was registered in Crime No.154/2022 at Subramanyapura Police Station. On completion of the investigation, the Police Sub- Inspector of Subramanyapura Police Station, Bengaluru City filed Police Report against the accused alleging that he has committed the offences punishable under Sections 323, 498A, 504 and 506 of the Indian Penal Code. After taking cognizance of the said offences, the process was issued to the accused. He has appeared before this Court and executed bail bond. The copies of the Police Report and other prosecution papers are furnished to the accused under Section 207 of Cr.P.C. After hearing, since there were grounds for presuming that the accused has committed offences triable by this Court, charges for the offences punishable under Sections 323, 498A, 504 and 506 of the 4 C.C.No.36768/2022 Indian Penal Code have been framed and read over to him in Kannada language. He has pleaded not guilty and claims to be tried.
4. To prove the charges framed against the accused, the prosecution has produced the oral evidences of PW1 and the documentary evidences in Ex.P1 and Ex.P2. Since, there were no incriminating circumstances appearing in the evidences of the prosecution witnesses against the accused, the examination of the accused under Section 313 of Cr.P.C. was dispensed with. Heard the arguments of learned Senior Assistant Public Prosecutor and the accused. Perused the materials available on record.
5. The points for determination are;
1. Whether prosecution has proved the offences charged against the accused for the offences punishable under Sections 323, 498A, 504 and 506 of the Indian Penal Code beyond reasonable doubt?
2. What order or sentence?
5 C.C.No.36768/2022
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 the accused, out of 8 witnesses cited in the Police Report by the Investigation Officer, the prosecution has produced the oral evidences of only one witness before this Court as PW1. PW1 Mamatha is the first informant, injured and the mahazar witness. The prosecution has also produced the documentary evidences Ex.P1 and Ex.P2. Among them, Ex.P1 is the First Information and Ex.P2 is the Spot Mahazar.
8. As per the case of the prosecution, based on Ex.P1 given by PW1, the crime has been registered in Crime No.154/2022 and on investigation, since, there are evidences collected by the Investigation Officer to prosecute the accused for the offences punishable under Sections 323, 498A, 504 and 506 of the Indian Penal Code, the Police Report was filed. In the First Information - Ex.P1, there are statements of PW1 with 6 C.C.No.36768/2022 regard to the alleged incident committed by the accused. PW1 during her examination-in-chief has deposed that on 07.03.2010, her marriage was solemnized with the accused; after marriage, the accused looked after her well; since there were some petty differences between her and the accused, she gave First Information as per Ex.P1; she does not know its contents; she does not know the contents of Ex.P2; she signed the said document at Police Station; the Police have not conducted any Mahazar in her presence and she has not taken any treatment at Hospital stating that she has sustained injuries as a result of the assault by the accused. 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; the mahazar conducted at the place of incident as per Ex.P2 in her presence and she has obtained treatment at Victoria Hospital for the injuries sustained by her as a result of the incident in question. Nothing has been elicited in her cross-examination supporting the case of the prosecution. 7 C.C.No.36768/2022
9. On perusal of the above evidences, it appears that the First Informant and the injured witness PW1 has deposed not supporting the case of the prosecution. She has deposed in her examination-in-chief that she and the accused are residing together. She has deposed in her cross-examination that she has compromised the matter with the accused. 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 for the offences punishable under Sections 323, 498A, 504 and 506 of the Indian Penal Code beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
10. POINT No.2 :- For the reasons stated in Point No.1, the prosecution has not proved the guilt of the accused for the offences punishable under Sections 323, 498A, 504 and 506 of the Indian Penal Code beyond all reasonable doubt. Therefore, the accused is not found guilty for the aforesaid 8 C.C.No.36768/2022 offences charged against him. In the result, I proceed to pass the following;
ORDERS
Under Section 248(1) of Cr.P.C, the
accused is hereby acquitted for the
offences punishable under Sections 323, 498A, 504 and 506 of the Indian Penal Code.
His bail bond executed under Section 437 of Cr.P.C. will be in force till appeal period and thereafter, it 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 24.02.2023) (VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Mamatha.
Documents marked on behalf of Prosecution :-
Ex.P1 : First Information,
9 C.C.No.36768/2022
Ex.P1(a) : Signature,
Ex.P2 : Spot Mahazar,
Ex.P2(a) : Signature.
Material objects marked on behalf of Prosecution :-
NIL 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.10 C.C.No.36768/2022
24.02.2023 Judgment pronounced in open Court vide separate order.
ORDERS Under Section 248(1) of Cr.P.C, the accused is hereby acquitted for the offences punishable under Sections 323, 498A, 504 and 506 of the Indian Penal Code.
His bail bond executed under Section 437 of Cr.P.C. will be in force till appeal period and thereafter, it shall be canceled.
(VEDAMOORTHY B.S.) II Addl. Chief Metropolitan Magistrate, Bengaluru City.