Bangalore District Court
Is Hereby Made Absolute vs No.1 If Not Required In Any Other Case on 7 April, 2021
1 CC No.26240/2018
IN THE COURT OF THE IX ADDL.CHIEF METROPOLITAN
MAGISTRATE, AT BANGALORE.
Dated this the 7th day of April 2021
Present : Sri.Arun Sadashiv Gudigenavar,
B.A., LL.B., (Hon's) L.L.M.,
IX Addl.C.M.M., Bengaluru.
CC NO.26240/2018
JUDGMENT
1.C.C.No. 26240/2018
2.Date of offence 03/12/2017
3.Complainant State by Jnanabharathi Police
Station.
4.Accused 1. Arun @ Tyape
S/o.Late Rame Gowda,
Aged about 37 years,
R/o.Niluvagilu village,
Besagarahalli Hobli,
Maddur Taluk,
Mandya District.
2. H.Srinivas @ Seena
S/o.Late Hanumanthappa,
Aged about 33 years,
R/No.303, Chikkabasti,
Ramasandra Main Road,
Bengaluru.
2 CC No.26240/2018
3. Jayaram H.S.
@ Handi Jayaram
S/o.Shivalinge Gowda,
Aged about 28 years,
R/No.7, 2nd Cross,
Vinayaka Layout,
Nayandahalli, Bengaluru.
5. Offences U/Sec. 504, 506, 507 r/w 34 of IPC.
complained of
6.Plea Accused Nos.1 to 3 pleaded not guilty.
7.Final Order Accused 1 to 3 are acquitted.
8.Date of Order 07-04-2021.
The Police Sub-Inspector of Jnanabharathi Police Station, Bengaluru has filed this charge sheet against the accused No.1 to 3 for the offences punishable U/Sec. 504, 506, 507 r/w 34 of IPC.
2. The brief facts of the prosecution case are as under:
It is the case of the prosecution that the Rajarejeshwari 3 CC No.26240/2018 Nagar Police Station, Bengaluru had registered FIR in Crime No.224/2015 for the offences punishable u/Sec.143, 144, 147, 148, 341, 302 of IPC and u/Sec.3(2)(5) of SC/ST Prevention of Atrocities Act against the accused No.1 and 3 herein. Further it is the case of the prosecution that the said case was pending before Hon'ble CCH-71, Bengaluru for trial. CW.1 herein, was one of the witnesses in the said case. Further it is the case of the prosecution that during trial of the said case accused No.3 went to CW.1 at his work place and threatened him that if he gives evidence against them then they would kill him and also abused him in filthy language. Further it is the case of the prosecution that accused No.2 went to him at his work place and took him to Visweswaraiah Layout and threatened him not to give evidence against them. The accused No.1 had called him over phone and threatened him that if he gives evidence against them he would kill him. In this regard, CW.1 lodged first information statement on 6-2-2017. Based on the same FIR came to be registered in Crime 4 CC No.26240/2018 No.289/2017. Thereafter, CW.16 Smt.Vanajakshi.S PSI conducted investigation and filed charge sheet for the above said offences against the accused No.1 to 3.
3. After filing of the charge sheet this Court has taken the cognizance of the offences punishable u/Sec. 504, 506, 507 r/w 34 of IPC against the accused No.1 to 3 and issued summons. Thereafter, the police have taken body warrant against the accused NO.1. The accused No.2 and 3 have appeared before this Court through their counsel and obtained bail. The copy of the charge sheet has been furnished to them as per Sec.207 of Cr.P.C. After hearing both sides the charge has been framed and read over to them. But they have 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 3 documents as Ex.P.1 to Ex.P.3. PW.1 has turned hostile to the prosecution case and submitted that he has compromised the case with the accused 5 CC No.26240/2018 No.1 to 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.1 to 3 u/Sec.313 of Cr.P.C. has also been dispensed with.
5. I have heard the arguments of both sides. Perused the 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 3-12-2017 to 5-12-2017 the accused No.1 to 3 with common intention insulted CW.1 and gave provocation to him intending or knowing it to be likely that such provocation will cause him to break the public peace or to commit any other offence and thereby committed an offence punishable u/Sec. 504 r/w 34 of IPC ?
(2)Whether the prosecution proves beyond reasonable doubt that on the above said date, time and place the accused No.1 to 3 with common intention gave life threat to CW.1 and thereby committed an offence punishable u/Sec. 506 r/w 34 of IPC ?
(3)Whether the prosecution proves beyond reasonable doubt that on the above said date, time and place the accused No.1 to 3 with common intention criminal 6 CC No.26240/2018 intimidation by an anonymous communication and thereby committed an offence punishable u/Sec. 507 r/w 34 of IPC ?
(4)What order ?
7. My findings to the above points are as under:
Point No.1 to 3 : In the Negative, Point No.4: As per final order, for the following :
REASONS
8. Point No.1 to 3 : The prosecution in order to prove its case has examined in all one witness as PW.1 and got marked 3 documents as Ex.P.1 to Ex.P.3. PW.1 is the first informant. He has turned hostile to the prosecution case by deposing that he did not know the accused No.1 to 3. Further he has deposed that accused did not abuse him in filthy language and did not give life threat to him. 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 worth has been elicited from him in support of the prosecution 7 CC No.26240/2018 case. However, it appears that PW.1 has compromised the case with accused No.1 to 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.1 to 3 beyond reasonable doubt. Accordingly, I answer Point No.1 to 3 in the negative.
9. Point No.4: For the aforesaid reasons, I proceed to pass the following:
ORDER Acting under Section 248(1) of Cr.P.C., accused No.1 to 3 is hereby acquitted of the offences punishable u/Sec. 504, 506, 507 r/w 34 of IPC.
The body warrant of accused No.1 is hereby cancelled.
Issue release intimation to jail authorities to release the accused No.1 if not required in any other case. 8 CC No.26240/2018
The bail bonds of accused No.2 and 3 stands cancelled.
The order dated 24-01-2018 releasing the vehicle reported in PF No.144/17 item No.1 in favour of petitioner/Jayamma is hereby made absolute.
Item No.2 shown in PF No.144/17 shall be destroyed as worthless after the appeal period is over. (Dictated to the stenographer directly on computer, corrected directly on computer and then pronounced by me in open court on this the 7th day of April 2021).
(Arun Sadashiv Gudigenavar) IX Addl.Chief Metropolitan Magistrate, Bengaluru.
ANNEXURE List of witnesses examined on behalf of the prosecution:
PW.1: Shivamurthy.
List of documents marked on behalf of the prosecution:
Ex.P.1 : Complaint
Ex.P.1(a): Signature of PW.1
9 CC No.26240/2018
Ex.P.2: Panchanama
Ex.P.2(a): Signature of PW.1
Ex.P.3 : Statement 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.26240/2018
Judgment pronounced in the Open Court (Vide separate order) ORDER Acting under Section 248(1) of Cr.P.C., accused No.1 to 3 is hereby acquitted of the offences punishable u/Sec. 504, 506, 507 r/w 34 of IPC.
The body warrant of accused No.1 is hereby cancelled. Issue release intimation to jail authorities to release the accused No.1 if not required in any other case. The bail bonds of accused No.2 and 3 stands cancelled. The order dated 24-01-2018 releasing the vehicle reported in PF No.144/17 item No.1 in favour of petitioner/Jayamma is hereby made absolute. Item No.2 shown in PF No.144/17 shall be destroyed as worthless after the appeal period is over.
IX ACMM, Bengaluru.11 CC No.26240/2018