Bangalore District Court
Kasturi vs Anthony Peter Alias Peter on 26 May, 2025
KABC030915262019
Presented on : 13.12.2019
Registered on : 16.12.2019
Decided on : 26.05.2025
Duration : 05y/05m/10days
IN THE COURT OF XLI ADDL. CHIEF JUDICIAL
MAGISTRATE, AT : BENGALURU
PRESIDED OVER BY : TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B.,
XLI Addl. Chief Judicial Magistrate
Bengaluru
Dated on this 26th day of May 2025
C.C.No.29663/2019
COMPLAINANT : The State
by Amruthahalli Police Station
-V/s-
ACCUSED : 1. Anthony Peter @ Peter
S/o. Ullas, aged 25 years,
R/at No.283, St. Anthony Road,
Near Ambedkar Bhavan,
Mariyannapalya, Bengaluru.
2. U.Joseph
S/o. Ullas, Aged 23 years,
R/at.No.284, St. Anthony Road,
Near Ambedkar Bhavan,
Mariyannapalya, Bengaluru.
2 C.C.No.29663/2019
3. Kiran - Split up in
CC No.25503/2023
Date of Commission of 17.10.2019
offence
Date of report 18.10.2019
Date of arrest On 07.02.2023 the accused No.1
and 2 appeared before the Court
and got enlarged themselves on
bail.
Name of the complainant Smt. Kasthuri
Date of commencement of 17.01.2024
recording Evidence
Date of closing evidence 08.05.2025
Offences complained of U/Sec.448, 341, 323, 324, 504, 506
r/w.Sec.34 of IPC
State Represented by Senior Asst.Public Prosecutor
Accused Represented by Sri.V.G.Ramanji Advocate.
Opinion of the Judge As per final orders
JUDGMENT
[Delivered on 26.05.2025]
The P.S.I of Amruthahalli Police Station has filed charge
sheet against the accused for the offences punishable U/Sec.448,
341, 323, 324, 504, 506 r/w.Sec.34 of IPC.
2. Brief facts of prosecution case is as follows:
On 17.10.2019 at 10 p.m., the accused No.1 to 3 in
furtherance of common intention illegally trespassed into the
3 C.C.No.29663/2019house of CW.1, which is situated at Mariyannanapalya, St.
Anthony road, Amruthahalli, the accused No.1 assaulted CW.3
with a wooden strip caused injury, the accused No.2 and 3 beaten
CW.1, 4 and 5 with hands, kicked them caused hurt and when
CW.8 was proceeding towards the house of CW.6, the accused
wrongfully restrained him, abused him in a filthy language,
assaulted him with a wooden strip caused injury to his legs and
when CW.6, 7 and 9 tried to resolve the fight, the accused
assaulted them with the same wooden strip, caused injuries to
their hands and legs and threatened them with dire consequences.
On the basis of written information given by the CW.1, the
Amruthahalli Police have registered this case in Cr.No.183/2019.
3. After the investigation, the IO filed charge sheet against the
accused No.1 to 3. This Court has taken cognizance of the offences
punishable U/Sec. 448, 341, 323, 324, 504, 506 r/w.Sec.34 of IPC.
4. In response to the service of summons, on 07.02.2023 the
accused No.1 and 2 appeared before the Court and got enlarged
4 C.C.No.29663/2019
themselves on bail. This Court complied with Sec.207 of Cr.P.C.,
and furnished charge sheet copies to the accused.
5. As, the accused No.3 is continuously absent, the case against
him was split up and separate CC No.25503/2023 came to be
registered against him.
6. The Court heard both the parties. As there were no grounds
to discharge accused No.1 and 2, the Court framed charges for the
offences punishable U/Sec.448, 341, 323, 324, 504, 506 r/w.Sec.34
of IPC. The accused No.1 and 2 did not plead guilty. They
claimed to be tried.
7. In order to prove its case, the prosecution got examined 6
witnesses as PW.1 to 6 and got marked Ex.P.1 to 8 documents.
As the complainant, injured and eye witnesses have turned
hostile and they did not support the case of prosecution, there
was no incriminating evidence to record the statements of
accused No.1 and 2. Hence, their statements U/Sec.313 of Cr.P.C.,
were not recorded.
5 C.C.No.29663/2019
8. I have heard the arguments of Senior APP and Sri.VGR
Advocate.
9. On the basis of allegations made against accused No.1 and 2,
the following points arise for my consideration:
1. Whether the prosecution proves beyond all
reasonable doubt that, the accused No.1 and 2
in furtherance of common intention with
accused No.3 illegally trespassed into the house
of CW.1, which is situated at
Mariyannanapalya, St. Antony road,
Amruthahalli and thereby they have committed
the offence punishable U/Sec.448 r/w.34 of
IPC?
2. Whether the prosecution proves beyond all
reasonable doubt that, on the aforesaid date,
time and place the accused No.1 and 2 in
furtherance of common intention with accused
No.3 assaulted CW.3, CW.6 to 10 with wooden
strip, caused injuries to their hands and legs and
thereby they have committed the offence
punishable U/Sec.324 r/w.34 of IPC?
6 C.C.No.29663/2019
3. Whether the prosecution proves beyond all
reasonable doubt that, on the aforesaid date,
time and place, the accused the accused No.2
and 3 in furtherance of common intention with
accused No.1 beaten CW.1, 4 and 5 with hands,
kicked them caused hurt and thereby they have
committed the offence punishable U/Sec.323
r/w.34 of IPC?
4. Whether the prosecution proves beyond all
reasonable doubt that, on the aforesaid date,
time and place, the accused No.1 and 2 in
furtherance of common intention with accused
No.3 wrongfully restrained CW.8 when he was
proceeding towards the house of CW.6 and
thereby they have committed the offence
punishable U/Sec. 341 r/w.34 of IPC?
5. Whether the prosecution proves beyond all
reasonable doubt that, on the aforesaid date,
time and place, the accused the accused No.1
and 2 in furtherance of common intention with
accused No.3 abused CW.8 in a filthy language
7 C.C.No.29663/2019and thereby they have committed the offence
punishable U/Sec. 504 r/w.34 of IPC?
6. Whether the prosecution proves beyond all
reasonable doubt that, on the aforesaid date,
time and place the accused the accused No.1
and 2 in furtherance of common intention with
accused No.3 threatened CW.1, 4 to 10 to kill
and thereby they have committed the offence
punishable U/Sec.506 r/w.34 of IPC?
7. What order?
10. My answers to the above points are as under:
Point No.1 : In Negative
Point No.2 : In Negative
Point No.3 : In Negative
Point No.4 : In Negative
Point No.5 : In Negative
Point No.6 : In Negative
Point No.7 : As per final orders for the following:
REASONS
Point No.1 to 6: As all these points are interrelated, I take all thesix points together for common discussion to avoid repetition.
8 C.C.No.29663/2019
11. The burden is casted on the prosecution to prove that, the
accused No.1 and 2 in furtherance of common intention with
accused No.3 illegally trespassed into the house of CW.1, which
is situated at Mariyannanapalya, St. Antony road, Amruthahalli,
they assaulted CW.3, CW.6 to 10 with wooden strip, caused
injuries to their hands and legs, beaten CW.1, 4 and 5 with hands,
kicked them caused hurt, wrongfully restrained CW.8 when he
was proceeding towards the house of CW.6, abused him in a
filthy language and threatened CW.1, 4 to 10 to kill.
12. In order to prove its case, the prosecution got examined the
complainant cum injured/CW.1 as PW.1, injured/ CW.3 as PW.2,
CW.4 as PW.3, CW.5 as PW.4, CW.6 as PW.5 and CW.7 as PW.6
and got marked written information/complaint as Ex.P.1, spot
mahazar as Ex.P.2, portion of the restatement of PW.1 as Ex.P.3,
portion of the statement of PW.2 as Ex.P.4, portion of the
statement of PW.3 as Ex.P.5, portion of the statement of PW.4 as
9 C.C.No.29663/2019
Ex.P.6, portion of the statement of PW.5 as Ex.P.7 and portion of
the statement of PW.6 as Ex.P.8 respectively.
13. CW.1/PW.1 -Kasthuri, in her evidence has stated that, she
is acquainted with the accused, CW.4 and 5 are her children and
CW.6, 7 and 9 are her relatives. The accused neither quarreled
with them nor assaulted them nor illegally trespassed into their
house nor abused them in a filthy language nor threatened them
with dire consequences. Ex.P.1 bears her signature. About 2 years
ago, she signed that document in Amruthahalli police station. She
is not aware of the contents of the same. She has not lodged any
complaint against the accused. Ex.P.2 bears her signature. About 2
years ago, she signed that document at Amruthahalli police
station. She is not aware of the contents of the same. The police
neither drawn any mahazar nor seized any wooden strip in her
presence. She has not given any restatement to the police.
14. CW.3/PW.2-Ravi Kumar, CW.4/PW.3-Chaya Devi,
CW.5/PW.4-Chandrakala, CW.6/PW.5- David and CW.7/PW.6-
10 C.C.No.29663/2019
Akshila Mary in their evidence have stated that, they are
acquainted with the accused. The accused neither quarreled with
them nor assaulted them nor trespassed into their house nor
abused them in a filthy language nor threatened them with dire
consequences nor they have given any statement to the police.
15. On the basis of Ex.P.1 written information given by PW.1,
the Amruthahalli Police have registered this case, investigated
the matter and filed charge sheet against the accused. In Ex.P.1,
the PW.1 has mentioned the names of the accused and described
the manner in which they assaulted her, her children and relatives
with wooden strip. She has narrated the incident in detail as to
how the accused threatened them and named the weapons used
by the accused for the commission of the offence.
16. In the Court, the PW.1 being the complainant did not
depose in corroboration with the contents of Ex.P.1. The PW.1
deposed contrary to the contents of Ex.P.1 and her statement
given before the IO. Though, the PW.1 admitted her signature
11 C.C.No.29663/2019
found on Ex.P.1, she denied that she had given complaint against
accused persons. On the other hand, she stated that, she has
signed Ex.P.1 in Amruthahalli police station and she is not aware
of the contents of the same. She too admits that her signature
found on Ex.P.2 mahazar. But she denied that, the police have
drawn mahazar in her presence and seized wooden strip, said to
be used by the accused for the commission of the offence.
17. The charge sheet is accompanied by wound certificates
issued by General hospital, Yelahanka. As per those certificates,
the PW.1, 2, 5, 6, CW.8 and CW.10 had taken treatment from the
hospital on 18.10.2019 at 12.10a.m. onwards with the history of
assault made by accused No.1, 2 and others. In the present case,
the PW.1, 2, 5, 6 denied the assault made by the accused. The
PW.3 and 4 also denied the assault made by the accused. Hence,
the wound certificates do not bear any importance and they will
not come to the aid of the prosecution to hold the accused guilty
of the offences.
12 C.C.No.29663/2019
18. In order to ascertain the correctness of the allegations made in
Ex.P.1, this court had issued repeated summons, non-bailable
warrants and proclamations against CW.2, 8 and 9. Inspite of it,
they did not appear before the court. By noting their absence of
the witnesses and age of the case, this court dropped them from
examination.
19. During the course of cross examination, the PW.1 to 6
admitted that, the accused are their relatives and they have
compromised the matter with them . Therefore, this court is of the
opinion that, the PW.1 to 6 did not support the case of the
prosecution as they have already compromised the matter with
the accused. Hence, this court rejected the prayer of Sr.APP in
summoning other witnesses as the prime witnesses, injured and
complainant have turned hostile and no purpose would be served
by examining other witnesses. Therefore, this Court dropped
other witnesses from examination.
13 C.C.No.29663/2019
20. Hence, there is no convincing evidence on record to connect
the accused with the alleged crime. The evidence led by PW.1 to 6
is no way helpful to the case of the prosecution to hold the
accused No.1 and 2 guilty of the offences. From their evidence,
the charges levelled against the accused are not proved. In such
circumstances, the prosecution has failed to prove that, the
accused No.1 and 2 in furtherance of common intention with
accused No.3 illegally trespassed into the house of PW.1, which is
situated at Mariyannanapalya, St. Antony road, Amruthahalli,
they assaulted CW.3, CW.6 to 10 with wooden strip, caused
injuries to their hands and legs, beaten CW.1, 4 and 5 with hands,
kicked them caused hurt, wrongfully restrained CW.8 when he
was proceeding towards the house of CW.6, abused him in a
filthy language and threatened PW.1, 3 to 6, 8 to 10 to kill.
Accordingly, I answer point No.1 to 6 in Negative.
Point No.7: For the aforesaid reasons, I proceed to pass the
following:
14 C.C.No.29663/2019
ORDER
By exercising the powers conferred
U/Sec.248[1] of Cr.P.C., the accused No.1
and 2 are acquitted from the charges of
Sec.448, 341, 323, 324, 504, 506 r/w.Sec.34 of
IPC.
The bail bonds executed by accused
No.1 and 2 stands cancelled.
The property seized under P.F.
No.86/2019 i.e., wooden strip is ordered to
be kept intact till the disposal of split up case
i.e., CC No.25503/2023, which is registered
against accused No.3.
Digitally signed by
TATTANDA TATTANDA
DAMAYANTI DAMAYANTI SOMAIAH
Date: 2025.05.26
SOMAIAH 17:43:58 +0530
26.05.2025 [TATTANDA DAMAYANTI SOMAYYA]
XLI A.C.J.M., BENGALURU
15 C.C.No.29663/2019
ANNEXURE
LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
PW.1 : Kasthuri PW.2 : Ravi Kumar PW.3 : Chaya Devi PW.4 : Chandrakala PW.5 : David PW.6 : Akshal Mary
LIST OF DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Written information/Complaint
Ex.P.1[a] : Signature of PW.1
Ex.P.2 : Spot cum seizure mahazer
Ex.P.2[a] : Signature of PW.1
Ex.P.3 : Portion of restatement of PW.1
Ex.P.4 : Portion of statement of PW.2
Ex.P.5 : Portion of statement of PW.3
Ex.P.6 : Portion of statement of PW.4
Ex.P.7 : Portion of statement of PW.5
Ex.P.8 : Portion of tatement of PW.6
LIST OF M.O’s MARKED FOR THE PROSECUTION :
NIL
LIST OF WITNESSES EXAMINED FOR THE ACCUSED :
NIL
16 C.C.No.29663/2019LIST OF DOCUMENTS MARKED FOR THE ACCUSED :
NIL
…………………………………………………………………………
Dictated on : 26.05.2025
Transcribed on : 26.05.2025
checked on : 26.05.2025
Signed on : 26.05.2025
[TATTANDA DAMAYANTI SOMAYYA]
XLI A.C.J.M, BENGALURU
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