Bangalore District Court
Basaveshwaranagar Ps vs A1-Sunil Kumar on 20 January, 2025
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SC No.180/2018
KABC010028072018
IN THE COURT OF THE LXI ADDL. CITY CIVIL
AND SESSIONS JUDGE: BENGALURU CITY.
Dated this the 20th day of January, 2025
-: PRESENT :-
Sri Anand T. Chavan, B.com., LL.B (Spl),
LXI Addl. City Civil and Sessions Judge,
Bangalore, (CCH-62)
S.C.No.180/2018
COMPLAINANT: State by Basaveshwaranagar
Police Station, Bengaluru.
(By Learned Public Prosecutor)
V/s.
ACCUSED : 1 Sunil Kumar,
S/o. Manjunatha,
Aged about 23 years,
R/a. No.30/1, 7th Cross,
9th Main, Shivanagar,
Bengaluru.
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2 Shekhar @ Sheki,
S/o. Manjunath,
Aged about 22 years,
R/a. No.30/1, 7th Cross,
9th Main, Shivanagar,
Bengaluru.
3 Arun Kumar,
S/o. Late Gangadhar,
Aged about 21 years,
R/a. No.30/1, 7th Cross,
9th Main, Shivanagar,
Bengaluru.
4 Anil Kumar,
S/o. Late Gangadhar,
Aged about 21 years,
Arun Kumar,
S/o. Late Gangadhar,
Aged about 21 years,
R/a. No.30/1, 7th Cross,
9th Main, Shivanagar,
Bengaluru.
(A1 and 2 Rept. by Sri.M.T.H.,
Advocate)
(A3 and 4 Rept. by Sri. V.J.K.,
Advocate)
1. Date of : 31.07.2016
Commission
of Offence
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2. Date of Report : 31.07.2016
of Offence
3. Status of the : Accused No.1 to 4 are
accused on Bail
4. Name of the : Mallikarjun B
complainant
5. Date of : 12.08.2024
Commencement of
evidence
6. Date of Closing of : 12.12.2024
Evidence
7. Offences : Offence punishable
complained of under Sections
399, 402, 120(B) of
IPC.
8. Opinion of the : Accused No.1 to 4 are
Judge acquitted for the
offence punishable
under section 399,
402, 120(B) of IPC.
JUDGMENT
The Police Sub-Inspector of Basaveshwaranagar Police
Station has filed charge sheet against accused No.1 to 4
above named alleging offences punishable under Sections
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2. The brief facts of the prosecution case is that;
On 31.07.2016 at about 09.15 p.m., while CW.1 was
on patrolling duty, he received credible information that 5
to 6 persons have gathered to commit dacoity near
Basaveshwaranagar, 8th B Main, 4th Cross near Surabi
Motors Road with deadly weapons. As per said credible
information CW.1 immediately secured CW.1 and 2,
panchas and thereafter he rushed to the spot along with his
staff members. On reaching the spot and after confirming
the information, raid was conducted and accused No.1 to 5
were apprehended at the spot. Further a juvenile by name
Bharath Kumar absconded from the spot. On personal
search of accused No.1 to 5, CW.1 recovered wooden clubs
from the possession of accused No.1 and 4, Iron Rods from
the possession of accused No.2 and 3 and a knife from the
possession of accused No.5. The said accused revealed
identity of themselves and juvenile who absconded from the
spot. CW.1 conducted raid mahzar at the spot with regard
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to seizure of aforesaid articles from the possession of
accused persons. Thereafter CW.1 came to Police station
with seized properties and accused No.1 to 5 and lodged
First Information Report. CW.10/I.O. the then PSI of
Basaveshwarnagar PS registered the case in their PS. Crime
No.265/2016 and issued FIR. I.O. recorded voluntary
statements of accused No.1 to 5 and produced them before
Court. After recording statements of material witnesses and
after completion of the investigation, IO filed charge sheet
against accused No.1 to 5 for the offences punishable
u/ss.399, 402, 120(B) of I.P.C.
3. The records depict on receipt of the charge sheet,
the committal Court i.e. learned V ACMM, Bengaluru has
taken cognizance of the offences against accused no.1 to 5,
registered the case in CC.No.23204/2016 and secured
accused No.1 to 4. However records reveal that accused
No.5 has not been secured before committal court and it
has split-up the case against him and registered separate
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CC.No.23275/2017. It further shows that the committal
court has committed the present case against accused No.1
to 4 to Hon’ble Prl. City Civil and Sessions Court and the
case is made over to this Court for trial.
4. The accused No.1 to 4 were arrested during crime
stage and they are enlarged on bail before committal courts
as per order of regular bail granted by Hon’ble Prl. City Civil
and Sessions court, Bengaluru in Crl.Misc.5206/2016.
After registration of this case, accused No.1 to 4 are secured
before this Court. After hearing the learned Public
Prosecutor and so also the counsel for accused under
Section 227 of Cr.P.C., the charge for the offences under
section 399, 402, 120(B) of IPC is framed against them.
Accused No.1 to 4 have not pleaded guilt of alleged offence
and they have claimed to be tried.
5. In order to prove the guilt of the accused, the
prosecution has got examined 3 witnesses as PW.1 to 3, got
marked 4 documents as per Ex.P.1 to 4 and MO.1 to 5 are
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identified. After closure of the prosecution side evidence,
statement of the accused under Section 313 of Cr.P.C. is
recorded and accused No.1 to 4 have denied incriminating
evidence against them.
6. Heard the arguments of both sides and perused
the entire materials placed on record and following points
arise for consideration :-
1. Whether the prosecution proves
beyond reasonable doubts that
31.07.2016 at about 07.40 pm,
accused no.1 to 4 along with accused
no.5 and a juvenile by name
Bharathkumar had prepared to
commit dacoity near Surabhi Motors,
4th Cross, 8th B Main of
Basaveshwarnagar, Bengaluru by
holding deadly weapons i.e. two
wooden clubs, two iron rods and a
knife with an intention to commit
robbery of valuables from General
Public passing by said road and
thereby accused No.1 to 4 have
committed offence punishable under
Section 399 of IPC ?
2. Whether prosecution proves beyond all
reasonable doubts that on date, place
and time mentioned above, accused
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SC No.180/2018No.1 to 4 along with absconding
accused No.5 and juvenile
Bharathkumar had formed an
unlawful assembly by holding deadly
weapons i.e. two wooden clubs, two
iron rods and a knife, by making
preparations to commit Dacoity of
general public passing on said road
and accused No.1 to 4 being the
member of such assembly, have
committed offence punishable under
Section 402 of IPC ?
3. Whether prosecution proves beyond all
reasonable doubts that on date, place
and time mentioned above, accused
No.1 to 4 along with absconding
accused No.5 and juvenile
Bharathkumar had formed an
unlawful assembly by holding deadly
weapons i.e. two wooden clubs, two
iron rods and a knife, by making
necessary preparations had hatched
criminal conspiracy to commit dacoity
of general public passing on said road
and thereby accused No.1 to 4 have
committed offence punishable under
Section 120(B) of IPC ?
4. What order?
7. My answers to the above points are as follows;
Point No.1 to 3 : In the Negative.
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Point No.4 : As per final order
for the following :-
REASONS
8. POINT NOS.1 TO 3:- These points are taken
together for consideration in order to avoid repetition of
facts and evidence of the case and also for the reason that
findings on one point may have bearing on finding of other
points. The police have registered the case against the
accused alleging that the accused have committed the
offence punishable under Section 399, 402, 120(B) of IPC.
In order to prove it’s case prosecution has got examined
three witnesses as per PW.1 to 3 and got marked 4
documents as per Ex.P.1 to 4.
9. CW.6 Manappa Pureppa Bombayara S/o.
Pureppa, the then HC of Basaveshwarnagar PS is examined
as PW.1. This witness has testified with regard to receiving
credible information about gathering of some persons with
preparation of dacoity by CW.1 on 31.07.2016 at 7.00 pm
near aforesaid spot with deadly weapons, rushing to the
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spot along with staff members and panchas and conducting
of raid after confirmation of information. He has further
testified with regard to apprehending of accused No.1 to 5
at the spot and fleeing away of one of accused from said
spot. He has further testified with regard to apprehending
accused No.1 to 5 and seizure of two iron rods, two wooden
clubs and a knife from their possession as per MO.1 to 5.
However he has inconsistently testified with regard to
apprehending accused persons and recovery of MO.1 to 5
from their possession.
10. However this witness has been partly treated as
hostile by prosecution and in cross-examination by Ld. PP
he has correctly testified with regard to apprehending of
accused No.3 by CW.5 and 9 and recovery of Iron rod from
his possession, apprehending of accused No.4 by CW.4 and
recovery of a wooden club from his possession,
apprehending of accused No.5 by CW.8 and recovery of a
MO.5 knife from his possession and seizure of MO.3 rod
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from accused No.3. This witness is subjected to cross-
examination by defence side, wherein he has clearly
admitted that the aforesaid scene of crime is having floating
public and traffic at the time of incident and said place is
also surrounded with houses and shops. The entire
evidence of this witness is denied by defence side in toto
and it is suggested to him that though accused were not
apprehended and though nothing was seized from their
possession, he is deposing falsely as per instance of
superiors.
11. CW.9 Y.V.Siddalinaiah S/o. Venkatappa, the then
ASI of Basaveshwaranagar PS is examined as PW.2. This
witness has testified with regard to receiving credible
information of alleged preparation of dacoity by CW.1 on
31.07.2016 at 7.00 pm near aforesaid spot with deadly
weapons, rushing to the spot along with staff members and
panchas and conducting of raid after confirmation of
information. He has further testified with regard to
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apprehending of accused No.1 to 5 at the spot and fleeing
away of juvenile by name Bharath Kumar from said spot.
He has further testified with regard to apprehending
accused No.1 to 5 and seizure of two iron rods, two wooden
clubs and a knife from their possession as per MO.1 to 5. In
cross-examination by defence side PW.2 has also admitted
that the above spot is having floating public and it is
surrounded with houses and shops. Hence it is suggested
to him that there is no chance of committing dacoity at said
place. The entire evidence of this witnesses is also denied in
toto and it is suggested to him that though accused persons
are innocent, a false case is registered against them by
creating MO.1 to 5 and panchanama at Police station.
12. Finally prosecution has got examined CW.10
Govindaraju S/o. Late Beeraiah, who is the then PSI of
Basaveshwaranagar PS and IO of this case as PW.3. This
witness has testified with regard to lodging of First
Information Report by CW.1 on 31.07.2016 at 09.15 pm
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with accused and seized properties, registration of case by
him in their PS.Crime No.265/2016 as per Ex.P.1 First
Information Report lodged by CW.1, issuance of FIR as per
Ex.P.2 and receiving of raid mahazar as per Ex.P.3. He has
further identified PF.No.109/2016 issued by him in respect
of MO.1 to 5 articles as per Ex.P.4 and he has also
identified said MO.1 to 5 before court. He has further
testified with regard to recording of voluntary statements of
accused No.1 to 5, statements of witnesses and filing of
charge sheet against accused No.1 to 5. Further he has
identified said accused No.1 to 4 before court. In relevant
portion of cross-examination by defence side PW.3 has
denied that Ex.P.1 to 4 documents are created for the
purpose of this case. He has further denied that though
accused persons are innocent, he has registered false case
and filed false charge sheet against them for statistical
purpose by creating MO.1 to 5 and statements of witnesses
as per his own convenience.
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13. Further CW.1 raiding officer cum First Informant,
CW.2 Mahazar witness could not be secured despite
coercive steps and CW 3 Mahazar witness is reported as
dead. Hence said witnesses are dropped. Further CW.4, 5,
7 and 8 officials are given up by prosecution. Thus on
perusal of oral and documentary evidence adduced by
prosecution it shows that, except evidence of PW.1 and 2
raiding officials and PW.3 IO absolutely there is nothing on
record to prove that accused persons were indulged in
committing dacoity at aforesaid spot and date. Further
PW1 and 2 have categorically admitted in their cross
examination that there will be floating public at scene of
alleged crime at the time of alleged incident and hence it is
difficult to believe that accused had hatched conspiracy and
prepared to commit dacoity in such public area. Further
absolutely no independent witnesses are cited in charge
sheet to prove the alleged incident to bring home the guilt of
accused. Hence oral and documentary evidence adduced by
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prosecution does not inspire confidence of the court to hold
that accused No.1 to 3 along with other accused persons
had made preparation to commit dacoity with deadly
weapons on aforesaid date, place and time and thereby they
have committed alleged offences. Hence prosecution has
failed to prove beyond reasonable doubts that accused No.1
to 4 have committed offences punishable under Section
399, 402, 120(B) of IPC. Hence Point No.1 to 3 are answered
in the Negative.
14. POINT NO.4:- For reasons stated and findings
given on Point No.1 to 3, following is :-
ORDER
Acting under Section 235(1) of the
Cr.P.C., the accused No.1 to 4 are hereby
acquitted of the offence punishable under
Section 399, 402, 120(B) of IPC.
Seized MO.1 to 5 articles shall be
retained and produced in split-up case/
charge sheet filed against accused No.5.
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Accused No.1 to 4 shall execute
personal bond for Rs.50,000/- each in
compliance of Section 437(A) of Cr.P.C.
which shall be in force till six months
from the date of this order.
(Dictated to the Stenographer Gr.III directly on computer and typed by her,
corrected, signed and then pronounced by me in the open court on this the
20th day of January, 2025).
(ANAND T. CHAVAN)
LXI Addl. C.C. and Sessions Judge,
BENGALURU CITY.
ANNEXURE
LIST OF WITNESSES EXAMINED FOR PROSECUTION:
PW.1 Manappa Pureppa Bombayara PW.2 Y.V.Siddalingaiah PW.3 Govindarajau
LIST OF DOCUMENTS MARKED FOR PROSECUTION:
Ex.P.1 Complaint
Ex.P.1(a) Signature of PW.3
Ex.P.2 FIR
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Ex.P.2(a) Signature of PW.3
Ex.P.3 Seizure Mahazar
Ex.P.4 PF.No.109/2016
Ex.P.4(a) Signature of PW.3
LIST OF WITNESSES EXAMINED FOR DEFENCE: –
NIL
LIST OF DOCUMENTS MARKED FOR DEFENCE:-
NIL
MATERIAL OBJECTS MARKED ON BEHALF OF THE
PROSECUTION :-
MO-1 & 2 Wooden Clubs
MO-3 & 4 Iron Rods
MO-5 Knife
(ANAND T. CHAVAN)
LXI Addl. City Civil and Sessions Judge,
BENGALURU CITY.