Bangalore District Court
Sunil Pc, 12297 vs Mahammed Javeed Pasha on 12 June, 2025
C.C.No.2064/2020
KABC030076992020
IN THE COURT OF THE II ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, BENGALURU CITY
Dated this 12th day of June 2025
PRESENT : SRI.SAHEEL AHMED S. KUNNIBHAVI, B.Com., LL.B.
(Spl.)
II Additional Chief Judicial Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.
Sl. No. of the case C.C.No.2064/2020
Date of commission of the
2. 15.07.2019
offences (As per F.I.R.)
Siddapura Police Station,
3. Name of the complainant
Bengaluru City
Mohammed Javeed Pasha,
S/o Late Pyara Jaan,
Aged about 41 years,
4. Name of the accused R/at No.153, 8th Cross,
Hosa Gurappana Palya,
Bengaluru.
Sections 332, 353 and 504
The offences complained
5. R/w Section 34 of the Indian
of
Penal Code
6. Plea of the accused Pleaded not guilty
7. Final order The accused is acquitted
2 C.C.No.2064/2020
8. Date of order 12.06.2025
The Police Inspector, Siddapura Police Station,
Bengaluru has filed Police Report against the accused
alleging that he has committed the offences punishable under
Sections 332, 353 and 504 R/w Section 34 of the Indian
Penal Code.
2. It is the case of the Prosecution that Sunil R., Police
Constable No.12237 of Wilson Garden Traffic Police Station
has lodged the information that on 15.07.2019 at about
11.30 p.m. when he was on his duty at Someshwara Petrol
Junction at 10th Cross, Siddapura has tried to move the
ambulance with a request to the accused to keep his vehicle
by the side of the road, but, however this accused got angry
and started abusing the informant in a filthy language. The
accused in furtherance of his act wrongfully restrained the
informant while discharging his official duty. The accused in
furtherance of his act assaulted with a helmet on his hands
and caused blood injuries. He pulled his uniform and ran
away. Soon after the incident the informant had been to the
3 C.C.No.2064/2020
Police Station and lodged the information against the
accused.
3. Based on the First Information of CW1, the crime was
registered in Crime No.98/2019 at Siddapura Police Station.
The accused was arrested and produced before this Court on
07.11.2019 and released on bail. On completion of the
investigation, the Police Inspector of Siddapura Police
Station, Bengaluru City filed Police Report against the
accused. After taking cognizance of the said offences, the
process was issued to him. The copies of the Police Report
and other prosecution papers are furnished to the accused
under Section 207 of Cr.P.C. After hearing, since there were
grounds for presuming that the accused has committed the
offences triable by this Court, charges for the offences has
been framed and read over to him in Kannada language. He
has pleaded not guilty and claims to be tried.
4. To prove the charges framed against the accused, the
Prosecution has produced PW1 to PW8 oral evidences and
Ex.P1 to Ex.P7 documentary evidences. After completion of
4 C.C.No.2064/2020
the prosecution evidences, for the purpose of enabling the
accused personally to explain any circumstances appearing
in the evidences of the Prosecution against him, examined the
accused under Section 313 of Cr.P.C. He has has submitted
that he has no defense evidence.
5. Heard the arguments of learned Senior Assistant Public
Prosecutor and the learned counsel for the accused. Perused
the materials available on record.
6. The points for determination are;
1. Whether prosecution has proved beyond all
reasonable doubts that the accused has
committed the offences punishable under
Sections 332, 353 and 504 R/w Section 34 of
the Indian Penal Code?
2. What order or sentence?
7. My answers to the above points are as follows:
Point No.1 : In the Negative,
Point No.2 : As per final order for the following:-
5 C.C.No.2064/2020
REASONS
8. POINT No.1 :- It is the case of the Prosecution that this
accused assaulted CW1 Sunil R., Police Constable of Wilson
Garden Traffic Police and wrongfully restrained him while
discharging his official duty.
9. To prove the guilt of the accused, the Prosecution has
examined CW1/PW1 Sunil R., wherein this witness has
deposed that on 15.07.2019 at about 11.30 p.m. when he
was on his duty at Someshwara Petrol Junction at 10 th Cross,
Siddapura, he has tried to move the ambulance with a
request to the accused to keep his vehicle by the side of the
road, but, however this accused got angry and started
abusing him in a filthy language. The accused in furtherance
of his act wrongfully restrained him while discharging his
official duty. The accused in furtherance of his act assaulted
with a helmet on his hands and caused blood injuries. He
pulled his uniform and ran away. He had been to the Police
Station and lodged the information against the accused.
6 C.C.No.2064/2020
10. To prove the guilt of the accused, the Prosecution has
examined CW3/PW2 Chandru, ASI wherein this witness has
deposed that on 15.07.2019 he was deputed to control traffic
at 12th Cross, Wilson Garden, Bengaluru. In between 7.00
a.m. to 2 p.m. at about 11.30 p.m. CW1 was informed to free
the traffic to the ambulance which was coming from Lalbagh.
He came to know that this accused has assaulted the
informant. Immediately he had been to the place of incident.
But, however he came to know that the accused was ran
away after assaulting CW1. The SHO has recorded his
statement.
11. To prove the guilt of the accused, the Prosecution has
examined CW2/PW3 J.Krishna, Police Constable, wherein
this witness has deposed that on 15.07.2019 he was deputed
along with CW1 to control the traffic at 10 th Cross, Wilson
Garden. CW1 has made request to the accused to keep his
vehicle by the side of the road to move the ambulance. But,
however this accused got angry and assaulted CW1 with his
7 C.C.No.2064/2020
helmet on his head. He has sustained injuries and
immediately he has taken CW1 to the hospital.
12. To prove the guilt of the accused, the Prosecution has
examined CW6/PW4 Mr.Salim, wherein this witness has
deposed about the spot panchanama conducted in his
presence.
13. To prove the guilt of the accused, the Prosecution has
examined CW9/PW5 Dr.Manjula, wherein this witness has
deposed that on 15.07.2019 at about 2.45 p.m. this
informant had been to them for treatment in the history of
assault. She has examined the informant and found that he
has not sustained any injuries on his body. But, however he
has said that he is feeling pain in his hands and accordingly
she has advised him for some pain killers. She has issued
Wound Certificate as per Ex.P3.
14. To prove the guilt of the accused, the Prosecution has
examined CW7/PW6 Shabaji, who is the witness to the
panchanama. But, he turned hostile.
8 C.C.No.2064/2020
15. To prove the guilt of the accused, the Prosecution has
examined CW10/PW7 Kumara, Head Constable, wherein this
witness has deposed about the spot panchanama conducted
by him.
16. To prove the guilt of the accused, the Prosecution has
examined CW12/PW8 B.Shankarachar has deposed about
the filing of the Final Report against this accused.
17. It is the case of the Prosecution that this accused
wrongfully obstructed CW1 while discharging his official duty
and in furtherance of his act he has assaulted CW1 with a
helmet and caused grievous injuries. During the course of
arguments, the learned Senior APP has argued and relied the
evidence of CW1, CW2, CW9, CW10 and CW12. The learned
Senior APP has also relied the Wound Certificate issued by
CW9 as per Ex.P3. The learned Senior APP has argued that
PW1 has logded the information and deposed as per his
information. The evidence of PW1 is supported and
corroborated with the evidence of PW3 who was a Head
9 C.C.No.2064/2020
Constable has deposed about the injuries sustained by CW1
and also the arrest of the accused. The learned Senior APP
has also argued that at the time of incident CW2 who was a
Constable has deposed that this accused wrongfully
restrained CW1 while discharging his official duty. The
accused assaulted CW1 with a helmet and caused grievous
injuries to his head. The evidence of CW1 to CW3 is
corroborate with the evidence of CW9 Dr.Manjula has
deposed and corroborate their evidence that she had
examined CW1 in the history of assault and issued Wound
Certificate as per Ex.P3. After due investigation, the Final
Report was submitted by CW12. CW12 being the
Investigation Officer has corroborated and consistently
deposed about the investigation conducted by him.
18. On the other hand, the learned Counsel for the accused
has argued that a false case was registered against this
accused. He has further argued that as per the Wound
Certificate CW1 has sustained pain in his hands. But
however CW1 has lodged the information by contending that
10 C.C.No.2064/2020
this accused has assaulted with a helmet on his head and
caused injuries. This accused pushed him to the ground as a
result his right finger was fractured. Whereas, CW2 who is an
eyewitness has deposed that CW1 has assaulted to the head
of the informant with a helmet and caused injuries. CW9
Dr.Manjula has deposed that she has not found any injuries
on the body of the informant. CW1 has deposed that he was
having pain on his both hands and accordingly CW1 was
advised to take pain killers. There are many discrepancies
and improvements made by these witnesses. CW1 has
deposed that this accused pushed him to the ground as a
result he has sustained injuries to his right finger. CW2 who
is an eye witness has deposed that the accused has assaulted
with the helment on the head of the informant and caused
grievous injuries. CW9 who is a Doctor has deposed that she
has not found any injuries on the body of the informant. It
looks that a story created by the informant CW1 to file this
false case against this accused. further, CW1 in his
information has deposed that this accused called his friends
and all together assaulted him. But however the Final Report
11 C.C.No.2064/2020
was submitted against this accused No.1 only. The case was
registered against 5 accused. the IO at the time of filing his
final report has contended that there no evidences available
against 4 accused which means that CW1 has created a false
story to file this information as this accused. Further, the
independent witness CW6 and CW7 have turned hostile.
19. The learned Counsel for the accused further has argued
that CW1, CW2, CW7 and CW10 are the official witnesses
and deposed in line with each other. But, to corroborate these
evidences there is no evidence available before this Court to
show that this accused obstructed CW1 while discharging his
official duty. Though there are no reasons to deny the
contention of the Official Witnesses, but, however the learned
counsel for these accused has argued that false case was
registered against these accused. The independent witnesses
would mean that they do not have any interest in the result
of the case and is not even closely related to the party in trial
and he is not concerned with the failure or success of the
case. All the independent witnesses examined by the
12 C.C.No.2064/2020
Prosecution have also turned hostile. Further, the matter is
pending since 2019 and the prosecution is able to examine
only five witnesses out of twelve witnesses to prove the guilt
of these accused. My Predecessor has dropped all these
witnesses after issuing NBW and proclamation. As said
supra, to corroborate these official witnesses, no other
witnesses are available before this Court to prove the guilt of
the accused beyond all reasonable doubts for the offences
punishable under Sections 332, 353, 504 and 506 of the
Indian Penal Code beyond all reasonable doubt. Hence, I
answer Point No.1 in the Negative.
20. POINT No.2 :- For the reasons stated in Point No.1, the
prosecution has not proved the guilt of the accused for the
said offences beyond all reasonable doubts. Therefore, the
accused is not found guilty for the offences punishable under
Sections 332, 353 and 504 R/w Section 34 of the Indian
Penal Code. In the result, I proceed to pass the following:-
ORDERS
Under Section 248(1) of Cr.P.C, the
13 C.C.No.2064/2020accused is hereby acquitted for the
offences punishable under Sections 332,
353 and 504 R/w Section 34 of the Indian
Penal Code.
His bail bond and surety bond will be
canceled after appeal period.
The material Object MO1 is ordered
to destroy after the appeal period.
(Typed by the Stenographer in the Court Computer on my
direct dictation, printout taken, corrected and then
pronounced by me in the open court on 12.06.2025)
(SAHEEL AHMED.S.KUNNIBHAVI)
II Addl. Chief Judicial Magistrate,
Bengaluru City.
ANNEXURE
Witnesses Examined on behalf of Prosecution :-
PW1 : Sunil,
PW2 : Chandru,
PW3 : J.Krishna,
PW4 : Saleem,
PW5 : Dr.Manjula,
PW6 : Shabaji,
14 C.C.No.2064/2020
PW7 : Kumar C.,
PW8 : B.Shankarachar.
Documents marked on behalf of Prosecution :-
Ex.P1 : First Information, Ex.P1(a) : Signature, Ex.P2 : Mahazar, Ex.P2(a) to (c) : Signatures, Ex.P3 : Wound Certificate, Ex.P3(a) : Signature, Ex.P4 : Notice, Ex.P5 : First Information Report, Ex.P5(a) : Signature, Ex.P6 : Police Report, Ex.P7 : Seizure Mahazar.
Material objects marked on behalf of Prosecution :-
MO.1 : Torn Traffic Police Shirt.
Witnesses Examined on behalf of the accused :-
NIL
Documents marked on behalf of the accused :-
NIL
II ACJM, Bengaluru City.