Karnataka High Court
The State Of Karnataka vs Srinivas @ Vasu on 6 June, 2022
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.535 OF 2022
BETWEEN
THE STATE OF KARNATAKA
REP. BY THE PSI.,
HANUMANTHANAGAR POLICE STATION,
BANGALORE, REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001. ... APPELLANT
[BY SRI. R.D. RENUKARADHYA, HCGP.]
AND
SRINIVAS @ VASU,
S/O. GULIGOWDA,
AGED ABOUT 31 YEARS,
R/AT NO.504/2, JALAGERAMMA NILAYA,
7TH CROSS, JYOTHI BAKERY ROAD,
PEENYA II STAGE/PHASE,
VISHWANEEDAM POST,
ANDHRAHALLI MAIN ROAD, MARUTHI NAGAR,
BANGALORE - 560 091. ... RESPONDENT
***
THIS CRIMINAL APPEAL IS FILED UNDER SECTIONS 378(1)
& (3) OF CR.P.C., PRAYING TO GRANT LEAVE AGAISNT THE
JUDGMENT AND ORDER OF ACQUITTAL DATED 19.02.2021 PASSED
BY THE LEARNED LIX ADDL. CITY CIVIL & SESSIONS JUDGE,
BANGALORE CITY (CCH-60) IN S.C.NO.385/2018, THEREBY
ACQUITTING THE RESPONDENT FOR THE ALLEGED OFFENCES
PUNISHABLE UNDER SECTIONS 397 AND 411 OF IPC, SET ASIDE
THE AFORESAID JUDGMENT AND ORDER, BY ALLOWING THIS
CRIMINAL APPEAL.
2
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION,
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The State has sought leave to appeal against
impugned judgment dated 19.02.2021 passed by the
Court of the LIX Additional City Civil and Sessions Judge,
Bengaluru City in S.C.No.385/2018, whereby
respondent/accused No.3 is acquitted of an offence
punishable under Section 397 of IPC.
2. Heard the learned High Court Government
Pleader and perused the material on record.
3. S.C.No.385/2018 is a split-up case from the
original S.C.No.525/2016, which was tried against
accused Nos.1, 2 and 4. The said accused were
acquitted by the trial Court after a full-fledged trial vide
judgment dated 11.04.2017. Learned High Court
Government Pleader submits that there is no appeal
preferred against the said judgment and the same has
become final.
4. The case of prosecution is that on 07.03.2014
at about 11.00 p.m. in front of S.N. Enterprises, 4th
Cross, 11th Main, Avalahalli Main Road, Bengaluru,
accused Nos.1 to 4 committed robbery of gold chain
weighing 20 grams from the possession of PW.1 -
Nagadev by showing machete and sold the said gold
chain to accused No.5.
5. Charge sheet was filed against accused Nos.1
to 5 in C.C.No.2804/2016 on the file of the learned XXIV
ACMM, Bengaluru. The case against accused Nos.3 and
5 came to be split-up and a separate case was registered
in C.C.No.9752/2016. Later, after respondent/accused
No.3 was secured, charge was framed against him for an
offence punishable under Section 397 of IPC.
6. Before the trial Court the prosecution has
examined 4 witnesses as PWs.1 to 4 and got marked
documents as Exs.P1 to P8. It appears from the record
that the learned counsel for accused No.3 filed a memo
stating that the evidence in the main case i.e.,
S.C.No.525/2015 may be adopted in this case. Hence,
the learned Sessions Judge has proceeded to appreciate
the entire evidence and passed judgment.
7. According to the victim/PW.1, on 07.03.2014
at 11.00 p.m., while he was returning to his house
situated at Raghavendra Block, along with his brother,
they were stopped by accused persons who came on
motorcycles. From his evidence, it is clear that the rider
of another bike was wearing helmet and there was no
registration number to the vehicle and the accused were
wearing monkey caps. It is stated that in the guise of
asking as to where is Srinagar bus stop, one of the
accused asked PW.1 to handover the gold chain he was
wearing and another accused who was a pillion rider
pointed a machete and threatened him with dire
consequences and then snatched the gold chain weighing
20 grams and ran way. Though PW.1 has stated that he
sustained injuries, the prosecution has not produced any
medical records to substantiate the same. According to
PW.1, three persons came on two motor bikes and
committed robbery.
8. Accused Nos.1 to 4 were arrested on
17.05.2014 and two motorcycles, monkey caps, long,
pistol and a cash of `3,00,000/- were recovered.
Further, at the instance of the said accused, accused
No.5, was taken into custody, to whom the gold chain
was sold. Further, the said accused No.5 is said to have
sold the gold chain to one Gurupriya Jewellers Shop and
the said chain was recovered by drawing a panchnama
as per Ex.P7.
9. The voluntary statement of accused No.1 was
marked as Ex.P14 and it is seen that at his instance the
gold chain was recovered from the shop of PW.3.
However, PW.3 has categorically denied the production
of the golden chain before PW.9 and seizure of gold
chain. After the chain was recovered, the Investigating
Officer has not called upon PW.1 to identify the accused.
Admittedly, there is no test identification parade
conducted in this case. It is also observed by the learned
Sessions Court that Investigation Officer has not even
seized any articles from Gurupriya Jewellery Shop
relating to the sale or purchase of gold chain as shown in
Ex.P7. The learned Sessions Judge has examined the
material on record and by assigning reasons, acquitted
the respondent/accused No.3.
10. As already noted supra, accused Nos.1, 2 and
4 have been acquitted by the trial Court in
S.C.No.525/2016 vide judgment dated 11.04.2017 and
the said judgment has become final. Evidence against all
the accused are one and the same. There is no illegality
committed by the Sessions Court so as to reverse the
findings recorded for acquitting the accused. No grounds
are made out to grant leave to appeal. Hence, the
appeal is dismissed.
Sd/-
JUDGE
HB/-
