- 1 - HC-KAR NC: 2025:KHC-K:5709 CRL.RP No. 200077 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL REVISION PETITION NO.200077 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: SRI VIDYASAGAR @ VIDYA SAGAR GADHAR S/O LATE SRINIVAS, AGED ABOUT 38 YEARS, OCC: DRIVER, R/O KODATIGERE, SARJAPUR ROAD, BANGALORE, NOW AT H.NO.11-12-2, BRESTHWAR PET, RAICHUR, TQ. & DIST. RAICHUR-584 103. …PETITIONER (BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE S.H.O., SHAKTINAGAR P.S., RAICHUR, REPRESENTED BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 102. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5709 CRL.RP No. 200077 of 2023 THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CR.P.C. (OLD), SECTION 438 OF BNSS (NEW), PRAYING TO ALLOW THE REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 06.02.2023 PASSED BY THE II ADDL. DIST. AND SESSIONS JUDGE, RAICHUR IN CRIMINAL APPEAL NO.48/2018, WHEREBY CONFIRMED THE JUDGMENT AND ORDER OF CONVICTION DATED 05.10.2018 PASSED BY THE CHIEF JUDICIAL MAGISTRATE AT RAICHUR IN C.C.NO.491/2014 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 323 R/W 34 OF IPC AND TO PASS ANY OTHER APPROPRIATE ORDERS, AS THIS COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER (PER: HON'BLE MRS JUSTICE M G UMA) The revision petitioner being accused No.1 in C.C.No.491/2014 on the file of the learned Chief Judicial Magistrate at Raichur (hereinafter referred to as ‘the Trial Court’) is impugning the judgment of conviction and order of sentence dated 05.10.2018, convicting him for the offences punishable under Sections 498(A) and 323 R/w Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’) and sentencing to undergo simple imprisonment for a period of one year and to pay a fine of Rs.5,000/- for the - 3 - HC-KAR NC: 2025:KHC-K:5709 CRL.RP No. 200077 of 2023 offence punishable under Section 498A R/w Section 34 of IPC; to pay a fine of Rs.2,500/- for the offence punishable under Section 323 R/w Section 34 of IPC, with default sentences. while acquitting accused Nos.2 and 3, which was confirmed in Criminal Appeal No.48/2018 by the learned II Additional District and Sessions Judge, Raichur (hereinafter referred to as ‘the First Appellate Court’) by dismissing the appeal vide judgment dated 06.02.2023. 2. The facts of the case in brief are that, the informant being the wife of accused No.1 lodged the first information against him and accused Nos.2 and 3 alleging commission of the offences punishable under Sections 498A, 323, 504 and 506 R/w Section 34 of IPC. It is stated that, she married accused No.1 on 03.12.2012 and started residing in the matrimonial house. Accused No.1 being the husband, accused No.2 and 3 being the mother-in-law and brother-in-law were treating her with cruelty by picking up quarrel with her for silly reasons. When the informant was with accused No.1 in Bengaluru in a rented house, she was - 4 - HC-KAR NC: 2025:KHC-K:5709 CRL.RP No. 200077 of 2023 assaulted by him on 29.03.2014. There was a panchayat in this regard and, she was forced to stay in the house of accused No.3. On 16.08.2014, accused Nos.1 to 3 have assaulted her with hands, treated her with cruelty, criminally intimidated and humiliated her and thereby committed the offences punishable under Sections 498A, 323, 504 and 506 R/w Section 34 of IPC. 3. The Trial Court took cognizance of the offence and registered the criminal case. The accused appeared before the Trial Court, pleaded not guilty and claimed to be tried. The informant examined herself as PW.1, and examined PWs.2 to 12, and got marked Exs.P1 to P7 in support of her contention. The accused has denied all the incriminating materials available on record, examined himself as DW.1 and got marked Ex.D1 in support of his defence. 4. The Trial Court, after taking into consideration all the materials on record, came to the conclusion that, the complainant is successful in proving the guilt of the - 5 - HC-KAR NC: 2025:KHC-K:5709 CRL.RP No. 200077 of 2023 accused beyond reasonable doubt for the offences punishable under Sections 498A and 323 R/w Section 34 of IPC. Accordingly, passed the impugned judgment of conviction and order of sentence, convicting and sentencing accused No.1 as stated above, while acquitting him for the offences punishable under Sections 504 and 506 R/w Section 34 of IPC and accused Nos.2 and 3 for all the offences. Being aggrieved by the same, accused No.1 has preferred Criminal Appeal No.48/2018. 5. The First Appellate Court, on re-appreciation of the materials on record, dismissed the appeal by confirming the judgment of conviction and order of sentence passed by the Trial Court. Being aggrieved by the same, accused No.1 has preferred this revision petition. 6. Heard Sri Arunkumar Amargundappa, learned counsel for the revision petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent-State. Perused the materials on record. - 6 - HC-KAR NC: 2025:KHC-K:5709 CRL.RP No. 200077 of 2023 7. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: "Whether the impugned judgment of conviction and order of sentence passed by the Trial Court, which was confirmed by the First Appellate Court suffers from infirmities and calls for interference by this Court?"" My answer to the above point is 'Partly in the Affirmative’ for the following: R E A S O N S 8. The relationship between the parties is not in dispute. PW.1 is the informant-the wife of the petitioner. She deposed regarding the incident dated 29.03.2014, where accused No.1 said to have assaulted her and treated with cruelty. PWs.4 and 5 being the neighbours have also supported the case of the prosecution. Even though it is the contention of the informant that, she was assaulted by accused No.1, the specific contention is that, - 7 - HC-KAR NC: 2025:KHC-K:5709 CRL.RP No. 200077 of 2023 he assaulted her with hands. Admittedly, she has not suffered any injuries. The Trial Court has acquitted accused No.1 for the offences punishable under Sections 506 and 506 R/w Section 34 of IPC. Under these circumstances, learned counsel for the petitioner contends that, none of the offences alleged against the petitioner are proved. 9. Per contra, it is the contention of the learned High Court Government Pleader that, the prosecution is successful in proving the guilt of the accused for the offences punishable under Sections 498A and 323 of IPC and prays for dismissal of the petition. 10. It is the specific contention of PW.1 that, she was treated with cruelty by the petitioner being her husband, when they resided together in a rented house at Bengaluru on 29.03.2014. PW.1 has specifically spoken about this incident and her version was supported by independent witnesses, PW.4 and 5, who are the neighbours even though all these witness were cross - 8 - HC-KAR NC: 2025:KHC-K:5709 CRL.RP No. 200077 of 2023 examined at length, nothing has been elicited to disbelieve them. Therefore, I am of the opinion that, the prosecution is successful in proving the guilt of accused No.1 for the offence punishable under Section 498A of IPC. However, the contention of the prosecution that, the informant was assaulted by accused No.1 and thereby he committed the offence punishable under Section 323 of IPC cannot be held to be proved beyond reasonable doubt. Regarding the incident dated 16.08.2014, which is said to have occurred in the house of accused No.3, I do not find any satisfactory materials to support the same to convict the accused. Under such circumstances, I am of the opinion that, the petitioner-accused No.1 is liable for conviction and sentence for the offence punishable under Section 498-A of IPC, while he is entitled for acquittal for the offence punishable under Section 323 of IPC. 11. I have gone through the impugned judgment of conviction and order of sentence passed by the Trial Court, which was confirmed by the First Appellate Court. - 9 - HC-KAR NC: 2025:KHC-K:5709 CRL.RP No. 200077 of 2023 12. In view of the discussions held above, the judgment of conviction passed by the Trial Court and confirmed by the First Appellate Court for the offence punishable under Section 498A of IPC is liable to be confirmed. The judgment of conviction and order of sentence passed by the Trial Court for the offence punishable under Section 323 of IPC is liable to be set aside. However, since it is contended that, now the petitioner is doing coolie work at Hyderabad, instead of imposing substantive sentence for the offence punishable under Section 498A of IPC, I deem it appropriate to impose fine on the petitioner. Accordingly, the order of sentence for the offence punishable under Section 498-A of IPC is to be modified. 13. In view of the above, I answer the point for consideration partly in the affirmative and proceed to pass the following: ORDER i) Criminal Revision Petition is allowed in part. - 10 - HC-KAR NC: 2025:KHC-K:5709 CRL.RP No. 200077 of 2023 ii) The judgment of conviction dated 05.10.2018 passed in C.C.No.491/20104 by the Trial Court, convicting accused No.1 for the offence punishable under Section 498A R/w Section 34 of IPC, which is confirmed by the First Appellate Court are hereby confirmed. iii) The judgment of conviction and order of sentence passed by the Trial Court for the offence punishable under Section 323 R/w Section 34 of IPC is hereby set aside. Fine amount deposited, if any, for this offence is ordered to be refunded to the petitioner on due identification. iv) The order of sentence passed by the Trial Court for the offence punishable under Section 498A R/w Section 34 of IPC is modified as under: a) Petitioner-accused No.1 shall pay fine of Rs.10,000/- for the offence punishable under Section 498A R/w Section 34 of IPC. In default to pay fine, he shall undergo simple imprisonment for a period of two months. - 11 - HC-KAR NC: 2025:KHC-K:5709 CRL.RP No. 200077 of 2023 Registry is directed to send back the Trial Court records along with the copy of this judgment for information and needful action. Sd/- (M G UMA) JUDGE LG List No.: 1 Sl No.: 25