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Bangalore District Court

State By K.S.Layout vs Mahesha on 19 July, 2021

                 IN THE COURT OF THE 30TH ADDL.CHIEF
                METROPOLITAN MAGISTRATE, BENGALURU

                Dated: This the 19th day of July, 2021

                :Present: Sri. I.P.Naik, B.A., LL.B.,(Spl)
                          30th ACMM, Bengaluru

                       Judgment U/s.355 of Cr.P.C.

C.C.No.                                          4975/2018
Date of Offence                            24.03.2017
Complainant                         State by K.S.Layout, Police Station
                                                V/s.
Accused                                    1. Mahesha,
                                            S/o.Madhu,
                                            Aged about 37 years,
                                            R/at.No.216, 5th Main,
                                            Near 15F Bus stop
                                            K.S.layout,
                                            Bengaluru City,
                                            Karnataka.
Offences                              U/s.229(A) of IPC.
Plea                                Recorded on: 16.07.2018 and accused
                                    Pleaded not guilty.

313 Statement recorded on:                       On 17.07.2021
Final Oder                                Accused is Convicted
Date of Order                                    19­07­2021


                                  *****
                                      2                           C.C.No.4975/2018

                                  JUDGMENT

The PSI of K.S.Layout, Police Station has filed charge sheet against accused persons for the offences punishable U/s.229(A) of IPC.

2. The brief facts of the prosecution case are as follows:

It is alleged that, the present accused is also accused in case registered against him in Cr.No.111/2012 for the alleged offence punishable U/s.299­A of IPC. Based on the charge sheet against accused in Cr.No.111/2012 of K.S.Layout Police Station, Criminal case bg.C.C.No.21721/2012 has been registered against him. He was absconding in the said case. Inspite of that, he undertaken to appear before this court in 2 nd scheduled Apex Court of Cr.P.C.

Hence, accused is charge sheet.

3. The Police Inspect of CCB (OCF) filed complaint. Based on the complaint ASI 2171 by name Puttaswamy Gowda registered the case in Cr.No.128/2017 and forwarded FIR to this court. On 25.09.2017, CW5 PSI Smt.Prema Kumari interrogated CW2 and CW3 recorded their statement U/s.313 of Cr.P.C. against the accused.

Accused was in JC in another case, his presence is secured by issuing body warrant. As per the order dated 20.06.2017, accused is enlarged on bail. 3 C.C.No.4975/2018

4. As per dated 16.07.2018, charge has been framed and readover to accused. Accused pleaded not guilty, claims to be tried.

5. In order to prove the guilt of the accused person, prosecution has examined one witnesses as PW1 and no documents marked. In order secure CW1 to CW4 this court issued Summons, NBW, Proclamation, the concerned police failed to secure this witness finally this court opined that there is no meaning in reissuing Summons, NBW, Proclamation. Therefore, prayer of the learned APP is rejected and PW1 to PW4 dropped. Accused examined U/s.313 of Cr.P.C, accused denied incriminating evidence and he has not chosen to lead defence evidence. No documents are marked on his behalf.

6. Heard both the side and perused the material evidence on record.

7. The following points would arise for my consideration:

1. Whether the prosecution proves beyond reasonable doubt that, accused willfully jumped bail conditions imposed while granting bail in C.C.No.21721/2012 and thereby committed offence punishable U/s.229(A) of IPC., within my cognizance?

2. What Order?

8. My findings on the above points are as follows:

            Point No.1 :      IN THE NEGATIVE

            Point No.2 :     As per final order

......................... for the following.., REASONS

9. Point No.1 :­ He has examined and submitted charge sheet. No documents are got marked on behalf of the prosecution. The documents produced along with charge sheet are belonged to this court only. It clearly shows that, accused not appeared before this court. Accordingly, this court issued NBW. The accused not denied the oral evidence of PW1 the entire charge sheet disclosing that, investigation officer filed this charge sheet. Based on the proceedings held against accused In C.C.No.21271/2012. By considering the entire oral evidence and charge sheet, I am of the opinion that, accused failed appeared before court in C.c.No.21721/2012. Hence, it is held that, accused committed the offfence punishable U/s.229­A of IPC.

10. Point No.2:­ By considering nature of the offence age of the accused and its impact on the society, I am of the opinion that, it is fit case to take lenient awarding sentence. Therefore, proceed to pass the following 5 C.C.No.4975/2018 ORDER The Powers confirmed upon me U/s.255(2) of Cr.P.C. accused is convicted of the alleged offences punishable U/s.229(A) of IPC and sentenced for till raising of the court.

(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 19th day of July, 2021).

(I.P Naik.) 30 th A.C.M.M., B'lore.

ANNEXURE

1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION:

P.W. 1 : Prema Kumari

2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION NIL

3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL

4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (I.P.Naik) 30th Addl.C.M.M., B'lore.

Judgment pronounced in Open Court vide separate:-

ORDER The Powers confirmed upon me U/s.255(2) of Cr.P.C. accused is convicted of the alleged offences punishable U/s.229(A) of IPC and sentenced for till raising of the court.

(I.P.Naik) 30 th Addl.C.M.M., B'lore.