Bangalore District Court
State By Jnanabharathi vs No.3 For The Offences Punishable U/Sec. ... on 8 April, 2022
1 CC No.20422/2021
IN THE COURT OF THE IX ADDL.CHIEF METROPOLITAN
MAGISTRATE, AT BENGALURU.
Dated this the 8th day of April 2022
Present : Sri.Arun Sadashiv Gudigenavar,
B.A., LL.B., (Hon's) L.L.M.,
IX Addl.C.M.M., Bengaluru.
CC NO.20422/2021
1.C.C.No. 20422/2021
2.Date of offence 18/12/2017
3.Complainant State by Jnanabharathi
Police Station.
4.Accused 3. Bharath S/o. Late Pushparaj,
Aged about 20 years,
R/No.550, 17th Cross,
Maruthi Nagar, Sonnehalli,
Bengaluru.
5. Offences U/Sec.143, 147, 148, 341,
complained of 324, 427, 506(b) r/w 149 of
IPC.
6.Plea Accused No.3 pleaded not
guilty.
2 CC No.20422/2021
7.Final Order Accused No.3 is acquitted.
8.Date of Order 08-04-2022.
JUDGMENT
The Police Sub-Inspector of Jnanabharathi Police Station, Bengaluru has filed this split-up charge sheet against the accused No.3 for the offences punishable u/Sec. 143, 147, 148, 324, 341, 427, 506 r/w 149 of IPC from main CC No.16462/2018.
2. The brief facts of the prosecution case are as under:
It is the case of the prosecution that on 18-12-2017 at around 9.30 pm CW.1 was proceeding on his bike bearing registration No.KA-30-H-9831 near Universal Convent Main Road, situated at 4th Block, Maruthi Nagar, within the limits of Jnanabharathi police station, the accused No.1 to 5 stopped him and tried to assault him with deadly weapons and accused No.3 to 5 assaulted him with beer bottle and 3 CC No.20422/2021 also caused damage to the indicator lamp of his bike and to his mobile phone and caused loss to him to the tune of Rs.20,000/-. Thereafter, all the accused gave life threat to CW.1. In this regard, CW.1 lodged first information statement. Based on the same FIR came to be registered in Crime No.301/2017 for the offences punishable u/Sec. 143, 148, 326, 341, 427, 506(b) r/w 149 of IPC. Thereafter, CW.16 conducted investigation and filed charge sheet against the accused No.1 to 5 for the offences punishable u/Sec.
143, 147, 148, 324, 341, 427, 506 r/w 149 of IPC.
3. In main CC NO.16462/2018 accused No.3 has not appeared before this court regularly. Hence, the case against the accused No.3 has been split-up and the present separate criminal case has been registered and issued NBW against him. The accused No.3 has appeared before this court through his counsel and obtained bail. The copy of the 4 CC No.20422/2021 charge sheet has been furnished to the accused No.3 as per Sec.207 of Cr.P.C. After hearing both sides the charge has been framed and read over to accused No.3. But he has pleaded not guilty and claimed to be tried. Hence, the case has been posted for prosecution evidence.
4. The prosecution in order to prove its case has examined in all one witness as PW.1 and got marked two documents as Ex.P.1 and Ex.P.2. PW.1 has turned hostile to the prosecution case and submitted that he has compromised the case with the accused No.3. Hence, issuance of the summons to the other witnesses has been dispensed with as it would not serve any purpose. Further the recording of the statement of the accused No.3 u/Sec.313 of Cr.P.C. has also been dispensed with.
5. I have heard the arguments of both sides. Perused the 5 CC No.20422/2021 entire oral evidence and documents placed on record.
6. The points that arise for my consideration are as under:
(1) Whether the prosecution proves beyond reasonable doubt that on 18/12/2017 at around 9.30 pm near Universal Convent road, Maruthi Nagar, accused No.3 along with accused No. 1, 2, 4 and 5 in furtherance of their common object formed unlawful assembly and thereby committed an offence punishable u/Sec.143 r/w 149 of IPC ?
(2) Whether the prosecution proves beyond reasonable doubt that on the above said date, time and place the accused No. No.3 along with accused No. 1, 2, 4 and 5 in furtherance of their common object formed unlawful assembly in order to commit violence and thereby committed an offence punishable u/Sec.147 r/w 149 of IPC ?
(3) Whether the prosecution proves beyond reasonable doubt that on the above said date, time and place the accused No.No.3 along with accused No. 1, 2, 4 and 5 in furtherance of their common object formed unlawful assembly armed with deadly weapon likely to cause death and thereby committed an offence punishable u/Sec.148 r/w 149 of IPC ?
(4) Whether the prosecution proves beyond reasonable doubt that on the above said date, 6 CC No.20422/2021 time and place the accused No. No.3 along with accused No. 1, 2, 4 and 5 in furtherance of their common object wrongfully restrained CW.1 in a such manner as to prevent him from proceedings beyond certain circumscribing limits and thereby committed an offence punishable u/Sec.341 r/w 149 of IPC ?
(5) Whether the prosecution proves beyond reasonable doubt that on the above said date, time and place the accused No. No.3 along with accused No. 1, 2, 4 and 5 in furtherance of their common object assaulted CW.1 with beer bottles and deadly weapons and caused bleeding injuries to him and thereby committed an offence punishable u/Sec.324 r/w 149 of IPC ?
(6) Whether the prosecution proves beyond reasonable doubt that on the above said date, time and place the accused No.No.3 along with accused No. 1, 2, 4 and 5 in furtherance of their common object gave life threat to CW.1 and thereby committed an offence punishable u/Sec. 506 r/w 149 of IPC ?
(7) Whether the prosecution proves beyond reasonable doubt that on the above said date, time and place the accused No.No.3 along with accused No. 1, 2, 4 and 5 in furtherance of their common object caused loss to CW.1 to the tune of Rs.20,000/- and thereby committed an offence punishable u/Sec.427 r/w 149 of IPC ?
(8) What order ?7 CC No.20422/2021
7. My findings to the above points are as under:
Point No.1 to 7 : In the Negative, Point No.8 : As per final order, for the following :
REASONS
8. Point No.1 to 7 : These seven points are taken together for common discussion as they are arising out of same incident and interlinked with each other and also to avoid repetition of evidence.
9. The prosecution in order to prove its case has examined in all one witness as PW.1 and got marked two documents as Ex.P.1 and Ex.P.2. PW.1 is the injured witness. He has turned hostile to the prosecution case by deposing that no incident was taken place between him and the accused No.3. Further he has deposed that he did not know the contents of Ex.P.1 and Ex.P.2. The learned Sr.APP has treated PW.1 as a hostile witness and cross-examined him. But nothing 8 CC No.20422/2021 worth has been elicited from him in support of the prosecution case. However, it appears from the cross- examination of PW.1 that he has compromised the case with accused No.3. Hence, the other witnesses are not examined as it would not serve any purpose. Therefore, I am of the opinion that the prosecution has failed to prove the guilt of the accused No. 3 beyond reasonable doubt. Accordingly, I answer Point No.1 to 7 in the negative.
10. Point No.8: For the aforesaid reasons, I proceed to pass the following:
ORDER Acting under Section 248(1) of Cr.P.C., accused No. 3 is hereby acquitted of the offences punishable u/Sec. 143, 147, 148, 324, 341, 427, 506(b) r/w 149 of IPC.9 CC No.20422/2021
The bail bond and surety bond of accused No.3 stands cancelled.
(Dictated to the stenographer directly on computer, corrected directly on computer and then pronounced by me in open court on this the 8 th day of April 2022).
(Arun Sadashiv Gudigenavar) IX Addl.Chief Metropolitan Magistrate, Bengaluru.
ANNEXURE List of witnesses examined on behalf of the prosecution:
PW.1: Muniraju.
List of documents marked on behalf of the prosecution:
Ex.P.1 : Complaint Ex.P.1(a): Signature of PW.1 Ex.P.2: Panchanama Ex.P.2(a): Signature of PW.1.
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 -
IX ADDL.C.M.M. Bengaluru.10 CC No.20422/2021
Judgment pronounced in the Open Court (Vide separate order) ORDER Acting under Section 248(1) of Cr.P.C., accused No. 3 is hereby acquitted of the offences punishable u/Sec. 143, 147, 148, 324, 341, 427, 506(b) r/w 149 of IPC.
The bail bond and surety bond of accused No.3 stands cancelled.
IX ACMM, Bengaluru.
11 CC No.20422/2021Judgment pronounced in the Open Court (Vide separate order) ORDER Acting under Section 248(1) of Cr.P.C., accused No.1 to 3 are hereby acquitted of the offences punishable u/Sec.447, 427, 324, 504, 506 r/w 34 of IPC.
The bail bonds of accused No.1 to 3 stands cancelled.
12 CC No.20422/2021
IX ACMM, Bengaluru.