Bangalore District Court
State By vs Maheshwaraiah S/O.Gangaiah on 21 October, 2015
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 21st day of October 2015
PRESENT: Sri.ARJUN.S.MALLUR,
B.A.L., LL.B.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.22761/2012
Complainant - State by, Police Sub Inspector
Indiranagar Police Station
/vs/
Accused 1. Maheshwaraiah s/o.Gangaiah, 50 yrs.
2. Manjaiah S/o.Maheshwaraiah, 21 yrs.
Both r/o.No.358, Tigalarapalya, Hoodi,
Bengaluru.
JUDGMENT
1. The PSI of M.D.Pura police station have filed this chargesheet against the accused Nos.1 and 2 for the offences punishable u/S.448, 323, 354 r/w.34 of IPC.
2. It is alleged by the prosecution that on 14/3/2012 around 11.00 AM at Hoodi Garden, the accused Nos.1 and 2 having common intention trespassed to the property of CW.1 and assaulted CWs.1 and 2 with hands causing simple hurt to them and outraged the modesty of 2 CC No.22761/2012 CW.2 by dragging her holding her hand and thereby committed the alleged offences.
3. On the basis of the complaint filed by complainant, a case was registered in M.D.Pura P.S., Cr.No.153/2012 and FIR was submitted to the court. Panchanama of scene of offence was conducted in presence of panchas and statement of witnesses were recorded. On completion of investigation chargesheet has been filed against the accused for the alleged offences.
4. Cognizance of offences was taken and summons was issued to the accused persons. Accused have appeared before the court through their counsel and have been released on bail. Copies of chargesheet were furnished to accused u/S.207 of Cr.P.C. After hearing, charge were framed against the accused for the alleged offences and accused have pleaded not guilty and claimed to be tried.
5. The prosecution in support of its case has examined 2 witnesses as PWs.1 and 2 and got marked 3 documents as Exs.P1 to P3. As no incriminating evidence found against the accused their statement u/S.313 of Cr.P.C. was dispensed with.
6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records. 3 CC No.22761/2012
7. The points for consideration is:
1. Whether the prosecution proves beyond doubt that on 14/3/2012 around 11.00 AM at Hoodi Garden, the accused Nos.1 and 2 having common intention trespassed to the property of CW.1 and assaulted CWs.1 and 2 with hands causing simple hurt to them and outraged the modesty of CW.2 by dragging her holding her hand and thereby committed the alleged offences?
2. What order?
8. My answer on the above points:
Point No.1 - Negative, Point No.2 - As per final order, for the following;
REASONS
9. POINT NO.1:
The prosecution in support of its case has examined two witnesses. PW.1 Joy and PW.2 Kunjumol are the complainant and his wife and also injured. Both of them turned hostile to the prosecution denying any assault upon them by accused and also denied any outrage of modesty on PW.2. PWs.1 and 2 have also denied having made statements before the police under Exs.P1 and P3. PW.1 has also denied any mahazar drawn in his presence under Ex.P2. PWs.1 and 2 in their evidence have deposed having compromised the dispute 4 CC No.22761/2012 with the accused. PWs.1 and 2 being the material witnesses having turned hostile and compromise being reported between the parties, the prayer of Sr.APP to summons and examine other chargesheet witnesses was refused. In view of the material witnesses turning hostile and compromise being reported between parties, it cannot be said that prosecution has been able to prove the alleged offences beyond reasonable doubt and accordingly, I answer Point No.1 in the Negative.
10. POINT NO.2:
For the afore said reasons, I pass the following;
ORDER U/s 248(1) of Cr.P.C. the accused Nos. 1 and 2 are acquitted of the alleged offences punishable u/s 448, 323, 354 r/w.34 of IPC. Bail bonds of accused stand cancelled and they are set at liberty.
(Dictated to the Steno, transcribed by him, same was corrected by me and then pronounced in open court on this the 21st day of October 2015).
(ARJUN.S.MALLUR) X A.C.M.M., BENGALURU 5 CC No.22761/2012 ANNEXURE LIST OF WITNESSES EXAMINED Prosecution Defence PW.1 Joy. Nil PW.2 Smt.Kunjumol.
Exhibits Marked Ex.P1 Complaint.
Ex.P1(a)Signature of PW.1.
Ex.P2 Mahazar.
Ex.P2(a)Signature of PW.1.
Ex.P3 Statement of PW.2.
Material Objects got marked
-Nil-
X A.C.M.M., Bengaluru.