Bangalore District Court
Cottonpete P.S vs A5 Rakesh on 25 January, 2025
1 S.C.No.971/2022
KABC010140102022
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-64) AT BENGALURU
Dated this the 25th day of January, 2025
: PRESENT :
Sri. I. P. Naik
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
SESSIONS CASE No.971/2022
Complainant : State by:
Bangalore Cottonpete, Police
Station, Bengaluru.
(By learned Public Prosecutor)
// Vs.//
Accused : 5 Rakesh,
S/o.Ravi,
Aged about 25 years,
Cottonpete,
Bangalore.
-: &&& :-
2 S.C.No.971/2022
1. Date of commission of offence : 16.03.2021
2. Date of filing of the complaint : 16.03.2021
3. Name of the first informant : Kariyanna.K
4. Offences complained of : U/Sec. 399-402 of
IPC & 25-1(B) (b) of
Arms Act.
5. Date of commencement of : 10.07.2024
recording the evidence
6. Date of closing of the : 25.11.2024
evidence
7. Finding of the Court : Accused No.5 is
not found guilty
8. Date of pronouncement of :
Judgment 25/01/2025.
(Sri. I. P. Naik)
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
JUDGMENT
The police sub inspector of Cottonpete, police
station, Bengaluru has filed charge sheet against
accused, alleging that, he was committed an alleged
offence U/Sec. 399-402 of IPC & 25-1(B)(b) of Arms Act.
3 S.C.No.971/2022
2. The factual Matrix of prosecution’s case;
On 16.03.2021, at about 3.45am accused No.1 to 5
have assembled in the compound of the Binni Mill
Situated at the Cottonpete Police Station within the
territorial limits of Cottonpete Police Station. They have
planned to commit dacoity. In this regard, they were in
the possession of the arms and deadly weapons like long
knife, knife and chilli powder. Hence, accused are charge
sheeted.
3. In this regard, CW1 PSI Kariyanna.K received
credible information. Immediately, he has Summoned his
staff CW4 to CW7 and also Summoned the CW2 and
CW3 as panchas. Thereafter, CW1 shared the credible
information to CW2 to CW7 and requested to assist him
in the raid. Thereafter, they went to the spot at 4.00am
4 S.C.No.971/2022
and observed the accused persons in a short distance
and on confirmation of the credible information,
thereafter, they have raided on the accused No.1 to 5. At
that time accused No.5 eloped from the spot. Thereafter,
CW1 sized the deadly weapons from the possession of the
accused No.1 to 4 by drawing mahazar and thereafter, he
has returned back to the police station along with the
accused, mahazar and seized weapons and produced the
same before the CW8-PI Sathish.
4. Based on the report submitted by the CW1, CW.8
has registered the case in Cr.No.46/2021 and arrested
the accused No.1 to 5. Thereafter, he has interrogated
and recorded the statement of CW2 to CW7 and also
recorded voluntary statement of the accused No.1 to 4.
The seized articles reported to the jurisdictional
Magistrate under P.F.No.39/2021. Thereafter, he has
5 S.C.No.971/2022
produced the accused persons before the jurisdictional
Magistrate, after completing other formalities, he has filed
charge sheet against the accused.
5. During investigation, accused No.1 to 5 are enlarged
on bail. On considering charge sheet and material on
record, learned XXXI ACMM took cognizce for alleged
offence and ordered to registered the case against
accused persons at Register-III. Issued summons and
NBW against accused No.1 to 5. The accused No.1 to 4
failed to appear before the committal court. The learned
committal court secured the presence of accused No.5
and complied section 207 of Cr.P.C and committed this
case to the court of Sessions for Trial.
6. The Hon’ble Principal City Civil and Session Judge,
registered the case based on the records received from
6 S.C.No.971/2022
the Trial court and mad over this case to this court for
disposal of this case in accordance with law.
7. On receipt of the Summons, accused No.5 appeared
through his counsel and got enlarged on bail. After
hearing charge has been framed, same has been read
over and explained to him language known to him.
Accused abjured the guilt and claims to be tried.
Hence, case is posted for evidence.
8. In order to prove the guilt of accused, the
prosecution has examined
9. In order to prove the guilt of accused the
prosecution has examined 5 witnesses as PW.1 to PW.5,
4 materials object got marked as M.O-1 to 4 and 3
documents got marked at Ex.P.1 to Ex.P.3. Thereafter,
7 S.C.No.971/2022
incriminating evidence put forth to accused while
recorded his statement U/Sec.313 of Cr.P.C. Accused
denied incriminating evidence and not chose to lead
evidence. Further, no documents produced on behalf of
accused.
10. Heard.
11. The following points would arise for my consideration;
(1) Whether prosecution proves beyond
reasonable doubt that, On 16.03.2021 at
about 3.45am accused No.1 to 5 have
assembled in the compound of the Binni
Mill Situated at the Cottonpete Police
Station within the territorial limits of
Cottonpete Police Station and they have
planned to commit dacoity and thereby
committed the offence punishable U/s.399
of IPC., within my cognizance.?
8 S.C.No.971/2022
(2) Whether prosecution proves beyond
reasonable doubt that, aforesaid date,
time and place accused persons were in
the possession of the arms and deadly
weapons like long knife, knife and chilli
powder and thereby committed the offence
punishable U/s.400 of IPC., & U/sec. 25-
1(B) (b) of Arms Act. within my cognizance.?
(3) Whether prosecution proves beyond
reasonable doubt that, aforesaid date,
time and place accused persons were in
the possession of banned weapons like
long knife thereby committed the offence
punishable U/sec. 25-1(B) (b) of Arms Act.
within my cognizance.?
(4) What order?
9 S.C.No.971/2022
12. On considering ocular and documentary evidence
placed by the prosecution and hearing of the parties my
answer to above point is as under;
POINT No.1 : In the Negative.
POINT No.2 : In the Negative
POINT No.3 : In the Negative.
POINT No.4 : As per final order.
—————-for following
REASONS
POINT NO. 1 to 3;
13. An alleged crimes are occurred in single incident. In
order to avoid repetition of facts and reasons, these
points taken together for common discussion.
14. The learned PP submitted that, in this case, PW 3
is the team leader who has conducted the raid on the
accused No.1 to 5, seized the M.O-1 to 4 from the
possession of the accused. PW4 has assisted to raid
conducted by the PW3. PW8 is the investigating officer
10 S.C.No.971/2022
i.e., registered the case arrested the accused, recorded
the statement of the witness, after that, he has submitted
charge sheet. These witnesses have supported the
prosecution case. The prosecution successfully proved
the guilt of the accused persons beyond reasonable
doubt. Hence, prays to convict the accused persons.
15. As against this, the learned counsel for the accused
submitted that, according to the prosecution case, PW1
and PW2 are independent and panch witness to the M.O-
1 to 3. These witness have not supported the prosecution
case. The alleged incident has occurred in public place,
independent witness have not supported the prosecution
case. M.O-1 to 3 are available in the open market.
Though the cottonpete police have registered false case
against the accused No.5 for statistical purpose. He was
not at all present in the alleged incident. The prosecution
11 S.C.No.971/2022
has failed to prove the guilt of the accused No.5 beyond
reasonable doubt. Therefore, prays to acquit the accused
person from the alleged offence.
16. PW3 PSI Kariyanna.K and PW4 HC-Kemparamaiah
specifically deposed that on 15.03.2021 they were on
patrolling at Night times, at about 3.30am on 16.03.2021
they have received credible information that the accused
N.1 to 5 have assembled at the Bill Mill with deadly
weapons M.O-1 to 3 and were preparing to commit
dacoity. Immediately, they went to the spot along with the
PW1 and PW2 and other staff assaulted on them. The
accused No.5 ran away from the spot and they they have
recovered M.O-1 to 4 from the possession of the accused
No.1 to 4. These witness have identified M.O’s.
12 S.C.No.971/2022
17. PW3 stated that he has seized the M.O-1 to 3 by
drawing Ex.P.1 mahazar. Thereafter, he has returned
back to the Police Station seized the articles from the
custody of the accused No.1 to 4 by drawing mahazar
and presented them before the PW5 along with the report
Ex.P.2.
18. In the course of cross-examination the learned
counsel for the accused No.1 to 5 simply denied that the
accused has not at all gone to the spot, he is in no way
related this case, by way of putting suggestions. The said
suggestions are denied.
19. PW5 and PW6 investigating officer of this case, they
have specifically deposed that on 16.03.2022 at about
7.00pm he has received the seized articles from the
accused No.1 by drawing mahazar along with report
13 S.C.No.971/2022
Ex.P.1 and P.2. Based on Ex.P.1 he has registered the
case against the accused No.1 to 5 in Cr.No.46/2021.
Thereafter, he has interrogated and recorded the
voluntary statement of the PW1 to PW4. He has
interrogated the PW4, CW4, CW5 and CW7and recorded
their statement, after completing other formalities he has
submitted the charge sheet against the accused persons.
20. In the cross-examination, PW5 denied that during
the raid accused No.5 was not at all in the said place.
The learned counsel for the accused specifically
suggested that he was not involved in the alleged crime
and false allegations made against him in the charge
sheet, by way of suggestions. These suggestions are
categorically denied.
14 S.C.No.971/2022
21. I have carefully gone through the materials on
record. According to the prosecution case, PW1 and PW2
are independent witness and pancha witness for
recovery of M.O1- as per Ex.P.1 the alleged incident was
occurred in the public place, during night hours, M.O-1
to 3 are available in the open market. When there is no
evidence to show that the accused No.5 was present at
the time of the raid, simply stated that he has ran away
from the spot. Further no weapons are seized from the
custody of the accused No.5. By considering all these
aspects, it creates serious doubt in the mind of the court
regarding involvement of the accused No.5 in the alleged
crime. By considering all these aspects, I am of the
opinion that the prosecution has not proved the guilt of
the accused No.5 beyond reasonable doubt. Accordingly,
Point No.1 to 3 are answered in the Negative.
15 S.C.No.971/2022
22. Point No.4:- In view of my above findings on point
No.1 to 3, I pass the following;
ORDER
The powers confirmed upon me
u/s 255 of BNS Sanhita-2023 the accused
No.5 is hereby acquitted for the offences
punishable U/Sec. 399-402 of IPC & 25-1(B)
(b) of Arms Act.
Bail bond executed by accused No.5 and
his surety is shall stands cancelled and surety
is hereby discharged.
Office is hereby directed to keep the MO.1
to 3 in the original case file registered in
S.C.No.55/2022.
(Dictated to Stenographer, transcribed by her, taken print out, corrected
by me and then pronounced in the open Court on 25th day of January,
2025) irappanna Pavadi Naik
Digitally signed by irappanna Pavadi Naik
Date: 2025.01.25 16:33:35 +0530
Digitally signed
irappanna by irappanna
(I.P.Naik)
Pavadi Pavadi Naik
LXIII Addl. City Civil and Sessions
Judge (CCH-64),Date: 2025.01.25
Bengaluru City.
Naik 16:35:32 +0530
16 S.C.No.971/2022
-: ANNEXURE :-
Witnesses examined by the prosecution:-
PW1 Manikanta PW2 Murugesh PW3 Kariyanna.K PW4 Kemparamaiah PW5 Santhosh
Documents marked by the prosecution:-
Ex.P.1 Spot Mahazar Ex.P.2 Complaint Ex.P.3 FIR
Material objects marked by the prosecution:-
M.O-1 Chilli Powder M.O-2 Long M.O-3 & 4 2 knives
Witnesses examined by the accused:-
…Nil …
17 S.C.No.971/2022
Documents marked by the accused:-
… Nil …
Material objects marked by the accused:-
… Nil …
(Sri. I. P. Naik)
LXIII Addl. City Civil and Sessions
Judge (CCH-64), Bengaluru City.
18 S.C.No.971/2022
(Order typed vide separate sheet)
ORDER
The powers confirmed upon me
u/s 255 of BNS Sanhita-2023 the
accused No.5 is hereby acquitted for
the offences punishable U/Sec. 399-
402 of IPC & 25-1(B) (b) of Arms Act.
Bail bond executed by accused
No.5 and his surety is shall stands
cancelled and surety is hereby
discharged.
Office is hereby directed to
keep the MO.1 to 3 in the original
case file registered in
S.C.No.55/2022.
(I.P.Naik)
LXIII ACC & SJ
(CCH-64), Bengaluru
City.
19 S.C.No.971/2022
`
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