Bangalore District Court
State By Kalasipalya Ps vs Pleaded Not Guilty on 15 February, 2023
IN THE COURT OF THE IX ADDL.CHIEF METROPOLITAN
MAGISTRATE, AT BENGALURU.
Dated this the 15th day of February 2023
Present : R.Mahesha,
B.A.L., LLB.,
IX Addl.C.M.M. Bengaluru.
JUDGMENT U/SEC.355 OF CR.P.C.
1.C.C.No. 22697/2017
2.Date of Offence 16/06/2016
3.Complainant State by Kalasipalya PS
4.Accused Vinay Singh
S/o . Late Kapil Dev Singh
aged about 44 years,
R/No.69, Puttanna Road,
Basavanagudi, Bengaluru.
5.Offences complained of U/Sec.51(B)51(1) & 63 of
Copyright Act and Sec.420
of IPC.
Accused pleaded not guilty.
6.Plea
2
7.Final Order Accused is acquitted
8.Date of Order 15.02.2023.
JUDGMENT
The Sub-Inspector of Police, Kalasipalya Police Station has filed this charge against the accused for the offences punishable U/Sec. 51(B), 51(1), 63 of Copyright Act and Sec.420 of IPC.
2. The brief facts of the prosecution case are that, on 16/06/2016 at about 6.00 p.m. within the limits of Kalasipalay Police Station, situated at No.20 M/s.Gen Power Systems, J C Road, Bengaluru, accused person was selling the duplicate filters of Ms/.Kirloskar Company generator spare parts to the public, without obtaining the valid permission/license from the copyright owner and infringed the right of the copyright of the said company and also cheated to the public and also CW.1. Hence, CW.1 - 3 Satish Kumar lodged first information. The Station House Officer registered a case in Cr.No.96/2016 for the offences punishable u/Sec.51(B), 51(1), 63 of Copyright Act and Sec.420 of IPC, and submitted First Information Report to this Court. After investigation, Sub-Inspector of Kalasipalya Police Station filed charge sheet for the said offences punishable u/Sec.51(B), 51(1), 63 of Copyright Act and Sec.420 of IPC against the accused person. Hence, he has committed the alleged offences.
3. The accused is 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 person. After hearing on charge, this Court has framed charge against accused person for the offences punishable U/Sec.51(B), 51(1), 63 of Copyright Act and Sec.420 of IPC, for which accused pleaded not guilty and claims to be tried. 4
4. The prosecution in order to prove its case, has not examined any of the witnesses. In spite of repeated issuance of NBW and proclamation against CWs.1 to 7 the concerned agency failed to execute the same to the said witnesses and brought them before this court, hence prayer of learned Sr.APP is rejected and dropped CWs.1 to 7 and closed the side of the prosecution evidence. As there is no incriminating circumstances against the accused, accused statements U/Sec.313 of Cr.P.C. is dispensed with and posted for judgment.
5. I have heard the arguments on both sides.
6. In order to prove the guilt of the offences as alleged against the accused persons by the prosecution, the prosecution has not at all examined any one of the witnesses. The I.O. has filed this charge sheet against the 5 accused by citing 10 witnesses as CWs.1 to 7. In spite of repeated issuance of NBW and proclamation, the concerned agency, more particularly, Investigating Officer himself has not turned up and also failed to brought the said witnesses before this Court for evidence. Hence, prosecution has utterly failed to prove the guilt of the accused as alleged against the accused beyond reasonable doubt. Therefore, accused is entitled for acquittal. Hence, I proceed to pass following:
ORDER Acting under Section 248(1) of Cr.P.C., accused is hereby acquitted for the offences punishable u/Sec.51(B), 51(1), 63 of Copyright Act and Sec.420 of IPC.
The bail bond and surety bond executed by accused shall continue for a period of two months from the date of this order and thereafter same shall stands cancelled automatically.6
Item No.1 to 5 shown in PF No.53/2016 shall be destroyed as worthless after the appeal period is over. (Dictated to the Stenographer directly on computer and print out taken by her is verified and then pronounced by me in the open court on this the 15th day of February 2023) (R.Mahesha) IX Addl.Chief Metropolitan Magistrate, Bengaluru.
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
-NIL-
LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:
-NIL-
LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF THE PROSECUTION:
-NIL-
LIST OF WITNESSES EXAMINED, DOCUMENTS AND MATERIALS MARKED ON BEHALF OF THE DEFENCE:
-NIL-
IX ACMM, Bengaluru.7
15/02/2023 Judgment pronounced in the Open Court (Vide separate order) ORDER Acting under Section 248(1) of Cr.P.C., accused is hereby acquitted for the offences punishable u/Sec.51(B), 51(1), 63 of Copyright Act and Sec.420 of IPC.
The bail bond and surety bond executed by accused shall continue for a period of two months from the date of this order and thereafter same shall stands cancelled automatically.
Item No.1 to 5 shown in PF No.53/2016 shall be destroyed as worthless after the appeal period is over.
IX ACMM, Bengaluru.
8