Seebaiah N.S., Hc-4859 vs Rathnamala on 20 May, 2026

    0
    36
    ADVERTISEMENT

    Bangalore District Court

    Seebaiah N.S., Hc-4859 vs Rathnamala on 20 May, 2026

    KABC030163032021
    
    
    
    
                            Presented on : 05-03-2021
                            Registered on : 05-03-2021
                            Decided on : 20-05-2026
                            Duration      : 5 years, 2 months, 15 days
               IN THE COURT OF THE 30TH ADDL.CHIEF
                JUDICIAL MAGISTRATE, BENGALURU
              Dated: This the 20th day of May-2026
    
                 :Present: Sri.Thimmaiah.G B.A. LLB.
                             30th ACJM, Bengaluru.
    
                           C.C.No.5096/2021
    
                       Judgment U/sec,.355 of Cr.P.C.
    
       Date of Offence                  25.03.2019
    
       Complainant                 State by Subramanyapura Police
                                               Station,
                                        R/by. Learned Senior APP
                                             V/s.
       Accused Persons           A1. Smt. Rathnamala
                                     W/o. Nandish,
                                     Aged about 28 years,
                                     R/at.No.114/84, 2nd Cross,
                                     Krishnagar, Uttarahalli,
                                     Bengaluru-560061.
    
                                 A2. Smt. Uma
                                     W/o. Shivaram,
                                    Aged about 30 years,
                                    R/at.Abubahakar Building,
                                    Munivenkatappa Layout,
     Judgment                         2           C.C.No.5096/2021
    
                                Uttarahalli, Bengaluru-560061.
    
                             A3. Smt. Lakshmi
                                 W/o. Mahadev,
                                 Aged about 45 years,
                                 R/at.No.114/84, 2nd Cross,
                                 Krishnagar, Uttarahalli,
                                 Bengaluru-560061.
    
                             A4. Smt. Soumya
                                 W/o. Nataraj,
                                 Aged about 28 years,
                                 R/at.No.71, Manjunatha Nagar,
                                 Gownapalya, Uttarahalli,
                                 Bengaluru-560061.
    
                             A5. Smt. Shilpa ( Split up)
                                 W/o. Mahesh,
    
    Offences                  U/sec,. 353, 504 of IPC
    Plea                      Recorded on:06.07.2023 and
                             accused persons are Pleaded not
                             guilty.
    
    Examination U/sec.,                  On 18.05.2026
    313 of Cr.P.C recorded
    on:
    Final Oder                Accused No.1 to 4 are Acquitted.
    
    Date of Order                        20.05.2026
    
    
    
    
                                               Thimmaiah.G
                                             30 ACJM, Bengaluru.
                                                th
        Judgment                          3          C.C.No.5096/2021
    
    
                                JUDGMENT
    

    The PSI of Subramanyapura Police Station has filed
    charge sheet against accused for the offences punishable
    U/sec,.353, 504 of IPC.

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

    SPONSORED

    It is alleged that, 25.03.2019, within the jurisdiction of
    Subramanyaura police station, the Cw.1 was deputed to do
    duty and at about 05.00 PM, the accused persons were
    quarreling with each other and the Cw.1 went and asked the
    accused persons not quarrel at that time, the accused persons
    picked up the quarrel with Cw.1 and abused him in filthy
    language and the accused persons obstructed Cw.1 public
    duty and thereby the accused persons have has committed the
    above said alleged offences which are punishable U/sec,.353,
    504 of IPC.

    3. During the pendency of the trial, the case against the
    accused No.5 is split up as per vide order dated: 21.04.2026.
    After filing the charge sheet, cognizance taken for the offences
    punishable U/sec,.353, 504 of IPC against the accused No.1 to
    4 and accused No.1 to 4 were released on bail. Copy of the
    prosecution papers furnished to the accused No.1 to 4 as
    required U/Sec.207 of Cr.P.C. Heard before charge. Charge has
    Judgment 4 C.C.No.5096/2021

    been framed and read over to the accused No.1 to 4 language
    known to them, wherein they have denied the same and claim
    to be tried.

    4. In order to secure the Cw.2 and 8 witnesses, this
    court issued Summons and Proclamation. But even though
    the sufficient time give to the concerned police, the concerned
    police failed to secure these witness. Moreover, this case is 05
    years old. In this regard relied on the following Hon’ble High
    Court, full bench Judgment of the Madras High Court,
    passed in The State ( Tamil Nadu) V/s Veerappan and
    Others, on 24 March 1980, AIR 1980 MAD260-ILR 3 MAD
    245 where in it held as below:

    2. Of the two questions which have been
    referred to this Full Bench, the first one, namely,
    whether under Section 255(1) Cr. P. C., a
    Magistrate can acquit the accused if the
    prosecution fails to apply for the issue of
    summons to any witness and does not produce
    the witness for several hearings and does not
    serve summons on the witnesses despite
    having been granted sufficient opportunity to
    serve the summons or to produce the witnesses,
    is the one that directly arises for determination
    in these appeals. The second question which
    arises for determination by us incidentally is
    whether a Magistrate can acquit the accused
    under Section 248(1) Cr. P. C., if the prosecution
    does not apply for the issue of summons to any
    Judgment 5 C.C.No.5096/2021

    of the witnesses and does not produce the
    witness for several hearings and does not serve
    the summons on the witnesses despite having
    been granted sufficient opportunities to serve
    the summons on the witnesses or to produce
    the witnesses.

    3. In all these appeals, the learned
    Magistrate acquitted the accused under Section
    255(1)
    Cr. P. C., on the ground that even though
    the cases had been posted for hearing on
    various dates and summons had been issued
    to the witnesses for all the hearings, the
    witnesses were not produced on any of the
    hearing dates and in spite of a notice issued
    that the case would be disposed of without
    examining the witnesses if they are not
    produced the prosecution did not choose to let
    in any evidence and as such the Magistrate
    found that the prosecution had no evidence to
    let in.

    15. In State of Madh. Pra. v. Kaluthawar,
    1972 Cri LJ 1639, a Division Bench of the
    Madhya Pradesh High Court observed as
    follows: “It was the duty of the prosecution to
    make necessary arrangements for the
    production of its witnesses…. The Police must
    always remember that it has got a duty to the
    court and they cannot just send a challan and
    think that the rest will be done by the court.

    When nobody appeared in t he court to inform
    what the reason was for non-appearance of the
    witnesses, the court could legitimately come to
    Judgment 6 C.C.No.5096/2021

    the conclusion that the police was not very
    serious in prosecuting the offence which was a
    minor one. Under Section 245, the Magistrate
    can record an order of acquittal if there is no
    evidence to hold the accused guilty. If the
    prosecution did not take proper steps to produce
    the witnesses, or ask the court to give them
    time to do the same, or to issue fresh summons,
    the court was not bound to fix another date.
    The police has a duty towards the citizen.
    When the accused is brought before the court
    and the prosecuting department does not take
    any steps it will be an abuse of the process of
    the court to continue the trial. Bringing a person
    before the court accusing him of some offence is
    a serious matter and however petty the offence
    may be, the prosecuting department, must do
    its duty towards the accused as well as the
    court. When once the accused is challaned
    there is no privilege given to the police to remain
    absent”.

    16. There are quite a number of decisions in
    which it had been held that an acquittal of the
    accused on the failure of the prosecution to
    produce the witnesses is not legal. (Vide State
    v. Kaliram Nandlal, ), the State of Mysore v.
    Ramu
    , 1973 Mad LJ (Crl.)
    116: (1973 Cri LJ
    1257) (Mys); State of Mysore v. Kalilulla Ahmed
    Sheriff
    .
    AIR 1971 Mys 60; Kanduri Misra v.
    Sabadev Kunda, (1962) 2 Cri LJ 295; State of
    Orissa v. Sibcharan Singh, ; State of Mysore v.

    Judgment 7 C.C.No.5096/2021

    Somala, 1972 Mad LJ (Cri) 476: (1972 Cri LJ
    1478) (Mys); State of Mysore v. Shanta, 1972
    Mad LJ (Cri) 589 (Mys); State v. Nagappa, 1973
    Cri LJ 548 (Mad); Public Prosecutor v.
    Sambangi Mudaliar, ; State of Kerala v.
    Kunhiaraman
    , 1964 Mad LJ (Cri) 330 (Ker);
    State of Mysore v. Narasimha Gowda, AIR 1965
    Mys 167; State of Gujarat v. Thakorbhai
    Sukhabhai
    , , State of U.P. v. Ramjani, All LJ
    1126; Lakshmiamma Kochukuttiamma v.
    Raman Pillai, AIR 1952 Trav-Co 268; State v.
    Madhavan Nair
    , 1959 Mad LJ (Cri) 633 (Ker);
    Emperor v. Varadarajulu Naidu, AIR 1932 Mad
    25 (2); State of Kerala v. Desan Mary, 1960
    Mad LJ (Cri) 378 (Ker); Kesar Singh v. State of
    Jammu and Kashmir
    , 1963-1 Cri LJ 765: (AIR
    1963 J & K 23); R. K. V. Motors and Timbers
    Ltd. v. Regional Transport Authority,
    Trivandrum
    , ; K. K. Subbier v. K. M. S.
    Lakshmana Iyer
    , 1942 Mad WN (Cri) 64: (AIR
    1942 Mad 452 (1)); State of Tripura v. Niranjan
    Deb Barma
    , 1973 Cri LJ 108 (Tripura); Apren
    Joseph v. State of Kerala
    , 1972 Mad LJ (Cri)
    10: (1972 Cri LJ 1162) (Ker). As against these
    decisions, there are the following decisions in
    which it has been held that acquittal on the
    ground of non-production of witnesses by the
    prosecution was proper.

    23. On the question as to whether the
    Magistrate can acquit an accused at all under
    Section 251A (11), Cr. P. C., if the prosecution
    Judgment 8 C.C.No.5096/2021

    failed to produce their witnesses, a Division
    Bench of the Gujarat High Court observed in
    State of Gujarat v. Bava Bhadya (1962)’2 Cri
    LJ 537 (2), as follows: “Where a charge Is
    framed In a warrant case on police report, if
    owing to the failure of the prosecution to
    produce their witnesses and owing also to the
    failure of the prosecution to make full
    endeavour to serve the summonses according
    to the provisions contained in Sections 69, 70
    and 71, Cr. P. C., 1890, there is no evidence
    before the Magistrate, the Magistrate can acquit
    the accused under Section 251A (11).”

    ” In State of Karnataka v. Subramania Setti
    1980 Mad LJ 138: (1980 CA LJ NOC 129), a
    Division Bench of the Karnataka High Court
    referring to the decisions in State of Mysore v.
    Narasimha Gowda
    (1964) 2 Mys LJ 241: (AIR
    1965 Mys 167) and the State of Mysore v. Abdul
    Hameed Khan (1969) 1 Mys LJ 4: (1970 Cri LJ
    112 (Mys)), observed that the real distinction
    between the two decisions is as to whether
    there was remissness and want of diligence on
    the part of the prosecuting agency in producing
    the witnesses before the Court and therefore the
    principle laid down in Abdul Hameed Khan’s
    case applied to the facts of the case with which
    the Division Bench was concerned.
    We may riots
    here that in Abdul Hameed Khan’s case, it was
    found on the facts that the prosecution was not
    at all diligent as the non-bailable warrants
    Judgment 9 C.C.No.5096/2021

    issued to the witnesses had neither been served
    nor returned to the court by the concerned police
    and it was therefore held that where the
    prosecution was not diligent in producing its
    witnesses and had failed to serve the bailable
    warrants on the witnesses and return the same
    the Magistrate would be justified in refusing to
    grant an adjournment and to proceed to acquit
    the accused on the material on record. We may
    note here that in State of Karnataka v.

    Subramania Setti 1980 MLJ 138 the Division
    Bench was dealing with a24. After carefully
    considering all the aforesaid decisions and the
    views expressed therein, we are of the view that
    if the prosecution had made an application for
    the issue of summons to its witnesses either
    under Section 242(2) or 254(2) of the Criminal
    Procedural Code it is the duty of the court to
    issue summons to the prosecution witnesses
    and to secure the witnesses by exercising all the
    powers given to it under the Criminal Procedure
    Code
    , as already indicated by us and if still the
    presence of the witnesses could not be secured
    and the prosecution also either on account of
    pronounced negligence or recalcitrance does not
    produce the witnesses after the Court had given
    it sufficient time and opportunities to do so, then
    the Court, being left with no other alternative
    would be justified in acquitting the accused for
    want of evidence to prove the prosecution case,
    under Section 248, Cr. P. C., in the case of
    warrant cases instituted on a police report and
    Judgment 10 C.C.No.5096/2021

    under Section 255(1), Cr. P. C. in summons
    cases, and we answer the two questions
    referred to us in the above terms.

    Hence, considering the above case on had, the Cw.2 and
    8 witnesses are dropped after given sufficient time. Further,
    the Cw.6 & 7 are given up as prayed by the Lr.Sr.APP. In order
    to prove the guilt of the accused No.1 to 4, the prosecution has
    examined 03 witnesses as Pw.1 to Pw.3, out of 08 witnesses
    and 02 documents marked as Ex.P1 & 2.

    5. Thereafter examination of the accused No.1 to 4
    under Sec.313 of Cr.P.C. is recorded, then the accused No.1 to
    4 have denied the incriminating evidence in the prosecution
    case and not chosen to lead their side evidence. No documents
    are got marked on their behalf.

    6. Heard both sides and perused the evidence available
    on record.

    7. Upon hearing arguments advanced from both sides
    and on perusal of materials placed on record, following points
    arise for consideration:

    POINTS

    1. Whether the prosecution proves
    beyond all reasonable doubt that,
    25.03.2019, within the jurisdiction of
    Subramanyaura police station, the Cw.1
    was deputed to do duty and at about
    Judgment 11 C.C.No.5096/2021

    05.00 PM, the accused persons were
    quarreling with each other and the Cw.1
    went and asked the accused persons not
    quarrel at that time, the accused persons
    picked up the quarrel with Cw.1 and
    abused him in filthy language and
    thereby committed an offence punishable
    U/sec.,504 of IPC?

    2. Whether the prosecution proves
    beyond all reasonable doubt that,
    25.03.2019, within the jurisdiction of
    Subramanyaura police station, the Cw.1
    was deputed to do duty and at about
    05.00 PM, the accused persons were
    quarreling with each other and the Cw.1
    went and asked the accused persons not
    quarrel at that time, the accused persons
    picked up the quarrel with Cw.1 and
    obstructed his government duty and
    thereby committed an offence punishable
    U/sec.,353 of IPC?

    3. What order.?

    8. My findings to the above points are:

           Point No.1     :    In the Negative
           Point No.2     :    In the Negative
           Point No.3     :    As per final order
                               for the following
        Judgment                       12           C.C.No.5096/2021
    
                            REASONS
    
    

    9. POINTS NO.1 & 2: These points are inter connected
    to each other and have taken for discussion in common to
    avoid repetition of the facts and evidence. Further, I am of the
    opinion that, I need not repeat the entire case of the complaint
    here also, since I have already narrated the same at the
    inception of this judgment.

    10. The Cw.1 Seebaiah, who is examined as Pw.1 and
    complainant/material witness in this case, he has deposed in
    his evidence before the court that, On 25-03-2019, he was
    appointed to BBMP South Zone for the Lok Sabha elections,
    and accordingly, he reported for duty at 08-00 AM. Then, as
    per the verbal instructions of Cw-8, he went to the station as
    there was a shortage of staff in the station. Later, on the same
    day, as per the instructions of ASI Krishnappa, he went for
    patrol duty in 1st to 7th blocks. While he was on patrol duty
    near JHP Park between 04-00 and 05-00 PM, 4-5 five women
    were fighting in a group at the said spot. Then, he entered the
    middle of the quarrel and went to resolve the fight, they
    pushed the with their hands and obstructed his public duty
    and abused him in filthy language. Later, also the accused
    persons were shouting at him and then he called the Hoysala
    vehicle and the above-mentioned accused persons were taken
    to the police station in the said Hoysala vehicle, produced
    Judgment 13 C.C.No.5096/2021

    before the police station officer and the complaint was given to
    Cw.8 regarding the alleged incident.

    Further, the learned counsel for the accused No.1 to 4,
    had cross examined the said witness, where in he stated that,
    on the verbal saying of his higher officer he went to the
    petrolling duty on the date of incident, further he did not
    mentioned in Ex.P1 complaint, on what time the incident took
    place, further there was huge ladies crowed and he do not
    know the all the ladies name when the incident took place,
    further the incident place is public place and there was lot of
    public gathered at the time of the incident and he do not know
    with whom the accused persons quarreling and regarding what
    they were quarreling and further denied the rest of the
    suggestions put by the learned counsel for the accused No.1
    to.4.

    11. The Cw.3 Ravikumar, who is examined as Pw.2 and
    mahazar witness in this case, he has deposed in his evidence
    before the court that, about 2-3 years ago in Subramanyapura
    police station he had put his significant on one document, but
    he do not know the contents of the said document. Hence, he
    turned hostile to the prosecution case.

    Judgment 14 C.C.No.5096/2021

    12. The Cw.4 Govind, who is examined as Pw.3 and IO
    witness in this case, he has deposed in his evidence before the
    court that, On 25-03-2019, when he was on duty at the police
    station, Cw-8 called him and Cw-5 to 7 to find the accused
    persons. Accordingly, we went to BHCS Layout and got
    information about the accused persons from the informers.
    The accused persons were standing near the park of the
    layout. When asked about their names and addresses, they
    said Ratnamala Uma Soumya and Shilpa respectively. Later,
    after confirming we took them to the police station and
    produced them before Cw-8. The investigating officers have
    recorded his statement regarding the same.

    Further, the learned counsel for the accused No.1 to 4,
    had cross examined the said witness, where in he stated that,
    the Cw.8 had not given any identification of the accused
    persons to find them and further denied the rest of the
    suggestions put by the learned counsel for the accused No.1 to

    4.

    13. It is the paramount duty of the prosecution to
    establish the guilt of the accused No.1 to 4 beyond all
    reasonable doubt. Unless the guilt is established beyond all
    reasonable doubt, the accused No.1 to 4 can not be held
    guilty of the alleged offenses.

        Judgment                        15               C.C.No.5096/2021
    
         14. On      the     other     hand,      the         Pw.1     the
    complainant/materiel    witness,   has     failed    to    prove       his
    

    complaint as per Ex.P1 where in he do not know why the
    accused persons were quarreling with who and for what
    reasons they were quarreling and further the incident took
    place in the public and there was huge crowd and he do not
    know all the women’s names who were present their and
    further more importantly, he did not mentioned the time when
    the incident took place and whom had obstructed his public
    duty. Further the Pw.2 who is the mahazar witness he has
    turned hostile to the prosecution case. Further, the IO
    witnesses ie.,Pw.3 deposed as per his investigation and
    submitted the final report to the court. Further, the Pw.4 who
    is police official he has deposed that, Cw.8 has not given any
    identification of the accused persons to find them but, the
    Pw.1 who is the material witness, has deposed that, the
    accused persons were their in the public crowed. Hence, there
    is a lot of contradiction in the evidences of Pw.1 & 4. Under
    such circumstances, it is difficult to believe the version of the
    the Pw.1 to 4 regarding the offences committed by the accused
    No.1 to 4 as alleged by the Pw.1 in Ex.P1. As such the case
    against the accused No.4 are certainly would be entitled to
    benefit of the doubt. Regarding this, this court relied on the
    following Judgment.

    Judgment 16 C.C.No.5096/2021

    On this point held in, (2016) 10 SCC 519 – AIR 2016 SC
    4581 in para 56, Hon’ble Apex held thus hereunder:

    ”56. It is a trite proposition of law, that suspicion
    however grave, it cannot take the place of proof and that
    the prosecution in order to succeed on a criminal charge
    cannot afford to lodge its case in the realm of ”may be
    true”’ but has to essentially elevate it to the grade of
    ”must be true”. In a criminal prosecution, the court has
    a duty to ensure that mere conjectures or suspicion do
    not take the place of legal proof and in a situation
    where a reasonable doubt is entertained in the
    backdrop of the evidence available, to prevent
    miscarriage of justice, benefit of doubt is to be extended
    to the accused. Such a doubt essentially has to be
    reasonable and not imaginary, fanciful, intangible or
    non-existent but as entertainable by an impartial,
    prudent and analytical mind, judged on the touchstone
    of reason and common sense. It is also a primary
    postulation in criminal jurisprudence that if two views
    are possible on the evidence available one pointing to
    the guilt of the accused and the other to his innocence,
    the one favourable to the accused ought to be adopted.”

    15. Thus, the above Hon’ble Apex Court decision has
    opt to the present case on hand and on careful appreciation of
    the oral and documentary evidence placed on record, in the
    present case, the complainant is the material witness and
    admittedly a Government Official. His evidence discloses that,
    on the alleged date of incident, he proceeded for patrolling duty
    Judgment 17 C.C.No.5096/2021

    only on the basis of oral instructions said to have been issued
    by his higher officer. However, no documentary material is
    produced before the Court to substantiate such instructions or
    deployment for patrolling duty. Further, on careful perusal of
    the complaint marked at Ex.P1, it is evident that, the
    complainant has not mentioned the exact time of the alleged
    incident. The omission to mention such a material fact creates
    serious doubt regarding the genesis and authenticity of the
    prosecution case.

    16. It is also elicited in the evidence that, the alleged
    incident had taken place in a public place where a huge crowd
    had gathered. Despite the same, the Investigating Agency has
    not examined any independent public witness to corroborate
    the version of the complainant/Pw.1. The complainant/Pw.1
    himself admits that, he did not know the names of the persons
    present at the spot and further admits that, he did not know
    with whom and for what reason the alleged quarrel was taking
    place. Such admissions materially weaken the prosecution
    case and create doubt regarding the actual involvement of the
    accused No.1 to 4. Further, there are material contradictions
    between the evidence of the complainant and the evidence of
    Pw.4, in his cross-examination, categorically admits that,
    Cw.8, who is stated to be the superior officer, had not
    furnished any specific identification or description of the
    Judgment 18 C.C.No.5096/2021

    accused persons for the purpose of tracing or apprehending
    them. This aspect assumes significance because, in the
    absence of prior identification particulars, the subsequent
    implication of the accused becomes doubtful.

    17. The evidence placed before the Court suffers from
    inconsistencies, omissions, and contradictions touching the
    very root of the prosecution case. The prosecution has failed to
    establish a consistent and trustworthy chain of circumstances
    connecting the accused No.1 to 4 with the alleged offences. It
    is a settled principle of criminal jurisprudence that, when two
    views are possible, the one favourable to the accused No.1 to 4
    must be adopted.

    18. Further, in the present case, Pw.2, who is cited as a
    mahazar witness to the alleged incident, has completely
    turned hostile to the case of the prosecution. His evidence
    does not corroborate either the complaint allegations or the
    version of the other prosecution witnesses.

    19. It is well settled principle of law that, though the
    evidence of a hostile witness is not to be rejected in to, the
    portion of evidence which supports the prosecution must
    inspire confidence and must be corroborated by other
    independent evidence. However, in the present case, the
    evidence of Pw.2 does not support the prosecution on any
    material particulars. On the contrary, his testimony creates
    Judgment 19 C.C.No.5096/2021

    serious doubt regarding the truthfulness of the prosecution
    story. Further, the evidence of the Investigating Officer is also
    carefully considered. The Investigating Officer has deposed
    only with regard to the procedural aspects of investigation,
    namely, how the complainant/Pw.1 brought the accused
    persons to the police station, how he recorded the statements
    of witnesses, and how he conducted the investigation. His
    evidence is purely formal in nature and does not constitute
    substantive evidence with regard to the occurrence of the
    alleged incident.

    20. It is pertinent to note that the Investigating Officer is
    not an eyewitness to the alleged incident. His testimony cannot
    by itself prove the guilt of the accused No.1 to 4 unless the
    substantive evidence of the material witnesses inspires
    confidence. In the present case, when the complainant’s
    evidence itself suffers from material contradictions and
    omissions, and when Pw.2 has completely turned hostile, the
    formal evidence of the Investigating Officer cannot improve or
    cure the serious defects in the prosecution case. Further, the
    prosecution has failed to secure any independent
    corroboration to support the investigation conducted by the
    Investigating Officer. No independent eye witnesses from the
    public place have been examined, though admittedly the
    alleged incident had taken place in a crowded locality. Such
    Judgment 20 C.C.No.5096/2021

    non-examination of independent witnesses creates an adverse
    inference against the prosecution.

    21. Therefore, the evidence of Pw.2 and the Investigating
    Officer Pw.3 is not helpful to the prosecution in establishing
    the guilt of the accused No.1 to 4 beyond reasonable doubt.

    Their evidence, taken either individually or collectively, does
    not advance the prosecution case and fails to establish the
    essential ingredients of the alleged offences. It is a settled
    principle of criminal jurisprudence that the prosecution must
    prove the guilt of the accused No.1 to 4 beyond all reasonable
    doubt. In the present case, in the absence of supporting
    independent witnesses and contradiction evidence of the
    witnesses create serious doubts in the prosecution story. The
    benefit of such doubt must necessarily go in favour of the
    accused No.1 to 4. Therefore, the accused No.1 to 4 are
    entitled to the benefit of doubt. Hence, with the above
    observations, I Answer to the Points No.1 & 2 in the
    Negative.

    22. POINT NO.3: In view of the above findings on Point
    No.1 & 2, I proceed to pass the following:

         Judgment                              21              C.C.No.5096/2021
    
                                       : ORDER :
    
    

    In the exercise of powers Confirmed U/Sec,.
    248(1) of Cr.P.C., The Accused No.1 to 4 are hereby
    Acquitted for the alleged offences punishable
    U/sec.,353, 504 of IPC.

    The bail bond of Accused No.1 to 4 and surety
    extended for further 6 months in order to comply
    Sec.437A of Cr.P.C. Thereafter, this bail bond
    automatically stands cancelled.

    (Dictated to the Stenographer directly on computer and after corrections
    made by me and then pronounced by me in the Open Court on this the 20 th day of
    May-2026).

    (Thimmaiah.G)
    30 ACJM, Bengaluru.

    th

    ANNEXURE

    1. LIST OF THE WITNESS EXAMINED FOR THE
    PROSECUTION:

          P.W. 1       :         Sri. Seebhaiah
          P.W. 2       :         Sri. Ravi Kumar
          P.W. 3       :         Sri. Govind
    
    
    

    2. LIST OF THE DOCUMENTS MARKED FOR THE
    PROSECUTION:

       Judgment                      22             C.C.No.5096/2021
    
    
        Ex.P1      :   Complaint
        Ex.P1(a)   :   Signature of Pw.1
        Ex.P2      :   Spot Mahazar
        Ex.P2(a)   :   Signature of Pw.1
    
    

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

    NIL

    4. LIST OF THE MATERIAL OBJECTS MARKED FOR THE
    PROSECUTION Digitally signed
    by THIMMAIAH
    THIMMAIAH G
    NIL G Date:

    2026.05.21
    16:56:08 +0530

    (Thimmaiah G)
    30 ACJM, Bengaluru.

    th
    Judgment 23 C.C.No.5096/2021



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here