Bangalore District Court
N.Manjunatha vs Munikrishna @ Mavalli Munikrishna on 8 January, 2025
C.C.No.16127/2015
KABC030464292015
Presented on : 07-07-2015
Registered on : 07-07-2015
Decided on : 08-01-2025
Duration : 9 years, 6 months, 1 days
IN THE COURT OF THE II ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, BENGALURU CITY
Dated this 8th day of January 2025
PRESENT : SRI.SAHEEL AHMED S. KUNNIBHAVI, B.Com., LL.B.
(Spl.)
II Additional Chief Judicial Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.16127/2015 Date of commission of the
2. 17.03.2014 offences (As per F.I.R.) Siddapura Police Station,
3. Name of the complainant Bengaluru City
4. Name of the accused 1. Munikrishna @ Mavalli Munikrishna, S/o Late Shyamanna, Aged about 51 years, R/at No.150, 9th Cross, Lalbagh Kote Road, Mavalli, Bengaluru-04.
2. Mohan Kumar @ Kulla Mohan, S/o Late Yallappa, 2 C.C.No.16127/2015 Aged about 23 years, R/at No.121, Lalbagh Siddapura, 1st Block Jayanagar, Bengaluru-04.
3. A.Ganesh, S/o Late Ashwath, Aged about 29 years, R/at No.17, Pattabhi Ramaiah Road, Upparhalli, Bengaluru.
Sections 324, 341, 504 and The offences complained
5. 506 R/w Section 34 of the of Indian Penal Code
6. Plea of the accused Pleaded not guilty The accused persons are
7. Final order acquitted
8. Date of order 08.01.2025 The Police Inspector of Siddapura Police Station, Bengaluru has filed Police Report against accused No.1 to 3 alleging that they have committed the offences punishable under Sections 324, 341, 504 and 506 R/w Section 34 of the Indian Penal Code.
2. It is the case of the Prosecution that the informant is the Watchman and Security Guard of Horticulture of Lalbagh 3 C.C.No.16127/2015 and he was deputed and directed to control the hawkers. Accordingly when CW1 was controlling the hawkers on 17.03.2014 at about 5.45 p.m. these accused were came with a club and stone and started shouting him that he was illegally controlling the hawkers in and around the Lalbagh. They have wrongfully restrained him and assaulted with a club and stone and caused grievous injuries. They have even snatched the golden chain of 10 grams worth of Rs.50,000/-. Soon after the incident, the informant had been to the Police Station and lodged the information against the accused.
3. Based on the First Information of CW1, the crime was registered in Crime No.51/2014 at Siddapura Police Station. Accused No.1 to 3 were arrested and produced before this Court and released on bail. On completion of the investigation, the Police Inspector of Siddapura Police Station, Bengaluru City filed Police Report against the accused persons alleging that they have committed the offences punishable under Sections 324, 341, 504 and 506 R/w Section 34 of the Indian Penal Code. After taking 4 C.C.No.16127/2015 cognizance of the said offences, the process was issued to the accused persons. The copies of the Police Report and other prosecution papers are furnished to the accused persons under Section 207 of Cr.P.C. After hearing, since there were grounds for presuming that the accused persons have committed the offences triable by this Court, charges for the offences has been framed and read over to them in Kannada language. They have pleaded not guilty and claims to be tried.
4. To prove the charges framed against accused No.1, the Prosecution has produced the evidence of only PW1 and documentary evidence at Ex.P1 to Ex.P4 and Material Objects at M.O.1. After completion of the prosecution evidences, for the purpose of enabling the accused persons personally to explain any circumstances appearing in the evidences of the Prosecution against them, examined the accused persons under Section 313 of Cr.P.C. They have submitted that they have no defense evidence.
5. Heard the arguments of learned Senior Assistant Public 5 C.C.No.16127/2015 Prosecutor and the learned counsel for the accused persons. Perused the materials available on record.
6. The points for determination are;
1. Whether prosecution has proved beyond all reasonable doubts that the accused persons have committed the offences punishable under Sections 324, 341, 504 and 506 R/w Section 34 of the Indian Penal Code?
2. What order or sentence?
7. My answers to the above points are as follows:
Point No.1 : In the Negative, Point No.2 : As per final order for the following:-
REASONS
8. POINT No.1 :- It is the case of the Prosecution that this informant is the Watchman and Security Guard of Horticulture of Lalbagh and he was deputed and directed to control the hawkers. These accused being the hawkers assaulted CW1 with a club and stone when he was trying to control them. The case was registered during the year 2014 6 C.C.No.16127/2015 and after due investigation the Final Report was submitted against them.
9. To prove the guilt of the accused, the Prosecution has examined CW9/PW1 Mohan D.Patel who is an Investigation Officer has deposed that on 07.03.2014 at about 9.45 p.m. he has registered the FIR on the information of CW1. He has conducted panchanama in the presence of CW3 and CW4 on 18.03.2014 he has recorded the statements of the witnesses and after due investigation he has filed the Final Report against these accused.
10. On perusal, the information was lodged on 07.03.2014 and since then the accused is regular to the Court for the offences punishable under Sections 324, 504, 506 of the Indian Penal Code. My Predecessor has issued summons, warrant and proclamation to secure the witnesses. But, in spite of even proclamation, the prosecution failed to secure the witnesses. The Prosecution even unable to examine the informant before this Court to prove the guilt of the accused. My Predecessor has dropped all the Prosecution witnesses 7 C.C.No.16127/2015 after giving sufficient opportunity to secure the witnesses. The evidence available before this Court is the only evidence of CW9 who is an Investigation Officer. But, to corroborate the evidence of CW9, there is no evidence avail before this Court to prove the guilt of the accused beyond all reasonable doubt. Hence, I answer Point No.1 in the Negative.
11. POINT No.2 :- For the reasons stated in Point No.1, the Prosecution has not proved the guilt of the accused persons for the said offences beyond all reasonable doubts. Therefore, the accused persons are not found guilty for the offences punishable under Sections 324, 341, 504 and 506 R/w Section 34 of the Indian Penal Code. In the result, I proceed to pass the following:-
ORDERS Under Section 248(1) of Cr.P.C, accused No.1 to 3 are hereby acquitted for the offences punishable under Sections 324, 341, 504 and 506 R/w Section 34 of the Indian Penal Code.8 C.C.No.16127/2015
Their bail bonds and surety bonds will be canceled after the appeal period.
The material Object MO1 is ordered to destroy after the appeal period. (Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the open court on 08.01.2025) (SAHEEL AHMED.S.KUNNIBHAVI) II Addl. Chief Judicial Magistrate, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
PW1 : Mohan D.Patel.
Documents marked on behalf of Prosecution :-
Ex.P1 : First Information,
Ex.P1(a) : Signature,
Ex.P2 : First Information Report
Ex.P2(a) : Signature,
Ex.P3 : Mahazar,
Ex.P4 : Wound Certificate.
9 C.C.No.16127/2015
Material objects marked on behalf of Prosecution :-
M.O.1 : Sticks and stones.
Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL II ACJM, Bengaluru City.