Bangalore District Court
State By Basavanagudi Women Ps vs Had Naked Photos And Vulgar Messages In ... on 22 April, 2022
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C.C.No.21859/2019
IN THE COURT OF THE XXXVII ADDL.CHIEF METROPOLITAN
MAGISTRATE, BANGALORE CITY.
Dated this the 22nd day of April, 2022.
Present:Sri B.MOHAN BABU, B.A., L.L.B.,
XXXVII Addl. C.M.M., Bangalore.
C.C. No.21859/2019
JUDGMENT UNDER SEC.355 OF CR.P.C.,
1. Complainant: State by Basavanagudi Women PS.
2. Accused: A1 SUJAY V.S.
S/o Santhuram Rao,
Aged 34 years,
R/at No.45, 2nd Cross,
Nanjappa Layout,
Jaraganahalli, J.P.Nagar,
6th Phase,
Bangalore city.
3.Date of offence: 02042019.
4. Offences complained of: U/s. 506, 498A r/w/s 34 of IPC
& Sec.4 & 6 of Dowry Prohibition Act.
5. Plea: Accused No.1 Pleaded not guilty.
6. Final Order: Accused No.1 is Acquitted.
7. Date of Order: 22042022.
*****
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The PoliceInspector, Basavanagudi Women Police Station,
Bangalore has filed this charge sheet against the accused for the
offences punishable U/s. 506, 498(A) r/w/s 34 of IPC & Sec.4 & 6 of
Dowry Prohibition Act.
2. The brief facts of the prosecution case are that:
That CW1 got married with accused No.1 on 22012015 as per
Hindu customs at Sri Mahayagakshetra Gayatri temple,
Yashwanthpur. At the time of marriage, CW1's parents have given
gold ornaments to CW1. After the marriage, CW1 started residing
with the A1 at No.45, 2nd cross, Nanjappa layout, Jaraganahalli, J.P.
nagar 7th stage, Bangalore while staying the accused persons with
common intention picking up quarrel with CW1 for silly matter,
abusing CW1 tortured her in demand additional dowry and if he
would have married to another girl, they would have given him car,
bungalow. The accused No.1 pledged jewels of CW1 and could not
take back her, when CW1 questioned, accused dragged her tuft and
pushed towards wall. The accused had extra marital affairs and
accused had naked photos and vulgar messages in his mobile phone.
When CW1 became pregnant, accused did not take care of her and on
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762017 CW1 delivered a baby, and accused did not take her back to
the matrimonial home. CW1 lodged complaint with Vanitha
sahayavani and accused put a demand of site to take back CW1 and
the child thereby harassed her both by physically and mentally in
demand of additional dowry and thereby committed the offences
punishable under Sec. 506, 498(A) r/w/s 34 of I.P.C. & Sec.4 & 6 of
Dowry Prohibition Act.
3. The accused No.1 is enlarged on bail. On receipt of charge
sheet, this court took the cognizance of the alleged offences and
furnished copy of the prosecution papers to the accused persons.
Charge for the offences P/U/S. 506, 498(A) r/w/s 34 of IPC & Sec.4
& 6 of Dowry Prohibition Act, were framed, read over and explained
to the accused person. The accused person pleaded not guilty and
claimed to be tried.
4. The prosecution, in order to prove its case, has examined one
witness as PW1 and got marked two documents at Ex.P1 and P2. As
there were no any incriminating circumstances appeared against the
accused persons, the recording of Statement of Accused persons as
required U/s. 313 of Cr.P.C., is dispensed with.
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5. I have heard the arguments of learned Sr.APP., for the
prosecution and learned counsel for the accused. Perused the
materials available on record.
6. In order to prove the guilty against the accused, out of 07
witnesses, the prosecution has examined only one witness as PW1.
The CW1/PW1 Smt.Shanti is the complainant. In her examination
inchief, she deposed that accused is her husband and that her
marriage with accused was performed on 22012015. She further
deposed that accused not subjected her to any physical and mental
cruelty. That there was only petty quarrel between them with respect
to family issues, for which she went to the police station, there the
police have took some signature on document. She identified the first
information statement as per Ex.P1 and identified her signature
therein as per Ex.P1(a) and identified the spot Panchanama as per
Ex.P2 and identified her signature therein as per Ex.P2(a), but she
pleaded her ignorance about the contents of Ex.P1 and P2. At this
stage, the learned Sr.APP sought permission to treat this witness as
hostile, permission was accorded to treat this witness as hostile.
Though this PW1 was cross examined by the learned Sr.APP., with
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regard to the case of prosecution, for which, she denied the same and
nothing worth has been elicited.
7. On going through the materials on records, it goes to show
that the PW1 has completely turned hostile to the prosecution case
and she has not supported the case. During the course of cross
examination, she denied the suggestion made to her and she admitted
that herself and accused No.1 have obtained divorce and hence, she
withdrawn the allegation made against the accused as the matter is
compromised between her and accused. The learned Sr.APP sought to
issue process against all the remaining witnesses, and hence, CW2 to
7 are dropped. But after going through testimony of PW1, I do not
find any incriminating evidence against the accused with regard to
allegations made against him. When the victim already turned hostile,
no purpose would be served even if the remaining witnesses are
examined, as such the prayer was rejected. Since there is no
incriminating evidence against the accused, hence the statement of
accused persons U/s.313 of Cr.P.C., is also dispensed with. As said
above the victim herself has not supported the prosecution case so as
to prove the allegations against the accused, though the accused are
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charged with heinous offence punishable under section 506, 498(A)
r/w/s 34 of IPC & Sec.4 & 6 of Dowry Prohibition Act. For want of
evidence the accused are entitled for acquittal. For the foregoing
discussion, I am of the opinion that, the prosecution has failed to
prove the allegations against the accused persons for the alleged
offences beyond reasonable doubts. Consequently, I proceed to pass
the following:
ORDER
Acting Under Section 248(1) of Cr.P.C., accused No.1 is hereby acquitted for the offences punishable U/s.506, 498(A) r/w/s 34 of IPC & Sec.4 & 6 of Dowry Prohibition Act The bail bond and surety bond of accused shall stands cancelled.
(Dictated to the Stenographer directly on the computer and print out taken by her is verified, corrected & then pronounced by me in the Open Court dated this the 22nd April, 2022).
(B.MOHAN BABU) XXXVII ADDL.C.M.M., BANGALORE.
7C.C.No.21859/2019 ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
PW1 : Smt.Shanthi LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:
Ex.P.1 : Complaint Ex.P.1(a) : Signature of PW1 Ex.P.2 : Spot mahzar Ex.P.2(a) : Signature of PW1
LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF THE PROSECUTION:
NIL LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENCE:
NIL LIST OF DOCUMENTS AND MATERIALS MARKED ON BEHALF OF THE DEFENCE .
NIL XXXVII ACMM., BANGALORE. 8 C.C.No.21859/2019 9 C.C.No.21859/2019 22042022 Judgment. Judgment pronounced in open court (vide separately) ORDER Acting Under Section 248(1) of Cr.P.C., accused No.1 is hereby acquitted for the offences punishable U/s.506, 498(A) r/w/s 34 of IPC & Sec.4 & 6 of Dowry Prohibition Act.
The bail bond and surety bond of accused shall stands cancelled.
XXXVII ACMM., B'lore. 10 C.C.No.21859/2019 11 C.C.No.21859/2019