D BHAKTAVATSALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners have approached this Court seeking for setting aside the order passed by the Fast Track Court -IV, Bangalore in Criminal Revision Petition No. 353/2013 dated 27th August 2014 and consequently to set aside the order passed by the learned IX ACMM, Bangalore dated 15th October 2013 in C.C. No. 16993/2012 in refusing to discharge the accused for the offences punishable under Sections 354, 504, 506 r/w 34 of I.P.C.

(2.) THE records disclose that Rajajinagar Police have submitted a charge sheet after due investigation in Crime No. 170/2011 against the petitioners for the offences punishable under Sections 354, 504, 506 r/w 34 of I.P.C. The learned Magistrate i.e. IX Additional Chief Metropolitan Magistrate took cognizance of the matter and issued process against the accused by registering a case in C.C. No. 16993/2012. The petitioners/accused persons appeared before the Cour and got enlarged themselves on bail. Subsequently, it appears the petitioners have sought for discharge under Section 239 of Cr.P.C. on the ground that the 1st petitioner was not at all present on the date of the incident and the allegations made against other accused persons are not sufficient to constitute any offences even the entire materials on record are translated into evidence. The learned Magistrate after hearing in detail the prosecution and the petitioners has rejected the said plea of the accused at that stage and refused to discharge the accused persons.

(3.) THE learned Magistrate has considered the statement of the witnesses i.e. PV/s 1 to 4 and came to the conclusion that they have specifically stated about the presence of the accused persons on that particular day in commission of the offences under the above said provision of law. The learned Magistrate has also considered the statements of witnesses, spot mahazar and also other materials available in the charge sheet filed by the Police under Section 173 of Cr.P.C. came to the conclusion that the entire charge sheet papers reveal that there is a prima facie material to proceed against the accused persons by framing charges for the above said offences. Therefore, their application came to be rejected.