- 1 - HC-KAR NC: 2025:KHC:27966 CRL.A No. 303 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL APPEAL NO.303 OF 2012 (C) BETWEEN: RAGHAVENDRA, S/O. LOKANAIKA, AGED ABOUT 35 YEARS, OCC: COOLIE, R/O HONDALAGADDE, HUMCHA VILLAGE, HOSANAGAR TALUK, SHIMOGA. …APPELLANT (BY SRI. JAVEED .S., ADVOCATE) (APPELLANT AS AMICUS CURIAE V/O DT.2/7/25) AND: STATE OF KARNATAKA BY RIPPANPETE POLICE STATION …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL.SPP) THIS CRL.A IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE ORDER OF SENTENCE AND CONVICTION DATED 16.1.2012/18.1.2012 IN S.C.NO.137/2010 PASSED BY THE PRESIDING OFFICER, FAST TRACK COURT - III, SHIVAMOGGA - CONVICTING THE APPELLANT/ ACCUSED NO.1 FOR THE OFFENCE P/U/S.498(A) OF IPC. AND THE APPELLANT/ACCUSED NO.1 IS SENTENCED TO UNDERGO S.I. FOR A PERIOD OF 1 YEAR AND 6 MONTHS AND HE IS ALSO DIRECTED TO PAY FINE OF RS.5,000/- AND IN DEFAULT OF PAYMENT OF FINE HE SHALL FURTHER Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27966 CRL.A No. 303 of 2012 UNDERGO S.I. FOR FURTHER PERIOD OF 3 MONTHS, FOR THE OFFENCE P/U/S.498(A) OF IPC. THIS CRL.A, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL JUDGMENT The appellant - accused No.1 in S.C.No.137/2010 on the file of the Fast Tract-III Court, Shivamogga, is impugning the Judgment of Conviction and Order of Sentence dated 16.01.2012, convicting him for the offence punishable under Section 498A of IPC, and sentencing to undergo simple imprisonment for a period of 1 year and 6 months, with fine of Rs.5,000/-, with default sentence, while acquitting him for the offence punishable under Section 306 r/w Section 34 of IPC and also acquitting accused Nos.3 and 4 for all the offences. 2. Brief facts of the case as per the prosecution are that, the deceased Gayathri married accused No.1 on 25.06.2007. Since then, she was residing in the matrimonial house. A girl child was born to them. Accused No.1 was the husband of the deceased, accused Nos.2 to 4 are his relatives. All the accused started ill-treating her, both physically and - 3 - HC-KAR NC: 2025:KHC:27966 CRL.A No. 303 of 2012 mentally, demanding money from the deceased. Thereby, they have committed the offence punishable under Section 498A r/w Section 34 of IPC. It is also contended that the accused with the common intention, abetted the deceased to commit suicide. As a result of which, she jumped into the well along with her child and committed suicide. Thereby they have committed the offence punishable under Section 306 r/w 34 of IPC. 3. PW1, the brother of the deceased lodged the first information with the police regarding the incident. The FIR came to be registered against accused Nos.1 to 4 as per Ex.P18, for the offences under Section 498A, 306 r/w Section 34 of IPC. The investigation was completed, and the charge sheet came to be filed. 4. The learned Magistrate took cognizance of offence and committed the matter to the Sessions Court. The Trial Court summoned the accused. The accused has appeared before the Court, pleaded not guilty and claimed to be tried. Prosecution examined PWs.1 to 19, got marked Ex.P1 to 22 in support of its contention. The accused has denied all the incriminating materials available on record in his statement - 4 - HC-KAR NC: 2025:KHC:27966 CRL.A No. 303 of 2012 recorded under Section 313 of Cr.PC. He examined DW1, got marked Exs.D1 and 2. The Trial Court, after taking into consideration all these materials on record came to the conclusion that the prosecution is not successful in proving the guilt of accused Nos. 3 and 4, and accordingly acquitted them, while the case against accused No.2 stands abated, since she died during the pendency of trial. Accused No.1 was acquitted for the offence punishable under Section 306 r/w Section 34 of IPC. However, the Trial Court convicted him for the offence punishable under Section 498A of IPC. Being aggrieved by the same, the accused is before this Court. 5. Heard Sri. Javeed.S learned Amicus Curiae for the appellant and Smt. Rashmi Jadhav, learned ASPP for the respondent. Perused the materials including the Trial Court records. 6. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is: “Whether the appellant-accused No.1 has made out a case to interfere with the - 5 - HC-KAR NC: 2025:KHC:27966 CRL.A No. 303 of 2012 impugned judgment of conviction and order of sentence passed by the Trial Court? My answer to the above point is in 'Partly Affirmative' for the following: REASONS 7. It is the contention of the prosecution that, the deceased had married the accused on 25.06.2007 and since then, she was residing in her matrimonial house. In the marriage, they have begotten a girl child. The appellant being her husband, subjected the deceased to cruelty, both mentally and physically, as a result of which, she committed suicide by jumping into the well along with her child. 8. The relationship between the deceased and the appellant is not in dispute. It is also not in dispute that, she had committed suicide by jumping into the well along with her child. The appellant is disputing the fact that he ill-treated his wife i.e., deceased. 9. Prosecution examined PW1- the informant being the brother of the deceased. PWs.3 to 5 and 7 are the sisters of the deceased. PW8 is the sister-in-law of the deceased. PW13 is an independent witness, who deposed in support of the case of the - 6 - HC-KAR NC: 2025:KHC:27966 CRL.A No. 303 of 2012 prosecution. They have consistently stated regarding the cruelty meted to the deceased by accused No.1. The other witnesses examined by the prosecution have not supported the case of the prosecution. PWs.3 to 5 are the siblings, have also supported the case of the prosecution. From the materials on record, it cannot be said that the appellant being accused No.1 was innocent. Admittedly, the marriage between the deceased and the appellant had taken place on 25.06.2007. She died within 3 years of her marriage, as the date of death is 22.06.2010. Except denying the contention taken by the prosecution regarding treating the deceased with cruelty, nothing has been elicited from the material witnesses. Under such circumstances, I am of the opinion that the prosecution is successful in proving the guilt of the accused beyond reasons doubt and appellant is liable for conviction under Section 498A of the IPC. 10. At this stage, learned Amicus Curiae prays for showing leniency in favour of the appellant, on the ground that the incident had occurred on 22.06.2010. - 7 - HC-KAR NC: 2025:KHC:27966 CRL.A No. 303 of 2012 11. On perusal of the materials on record, it is clear that, accused No.1 was aged 33 years at the time of incident, which took place on 22.06.2010. The impugned judgment came to be passed on 16.01.2012. Now already 13 years have elapsed from the date of impugned judgment. It is stated that the appellant was in custody for about 6 months. 12. It is to be noticed that, accused Nos. 1 to 4 were tried by the Trial Court for the offences under Sections 498A, 306 of IPC, r/w Section 34 of IPC. The Trial Court acquitted accused Nos. 3 and 4 for all the offences. It has also acquitted accused No.1 for the offence under Section 306 r/w Section 34 of IPC. The State has not challenged such acquittals. Considering all these facts and circumstances, I am of the opinion that leniency may be shown in favour of the appellant in sentencing him. Accordingly, I proceed to pass the following: ORDER (i) Criminal Appeal is allowed in part. (ii) The Judgment of Conviction dated 16.01.2012 passed in S.C.No.137/2010 on the file of the Fast Tract-III Court, Shivamogga, is hereby confirmed. - 8 - HC-KAR NC: 2025:KHC:27966 CRL.A No. 303 of 2012 (iii) The order of sentence passed by the Trial Court is modified as under: (a) The appellant - accused No.1 is sentenced to undergo simple imprisonment for a period of six months for the offence punishable under Section 498A of IPC with fine of Rs.25,000/-, and in default to pay fine, to undergo simple imprisonment for a period of 2 months. (b) The appellant is entitled for set off as provided under Section 428 of Cr.PC for the period of sentence he has already undergone. (iv) The concerned Jail Authorities are directed to verify as to whether the appellant has already undergone the sentence imposed by this Court. If so, to release him immediately, if he is not required in any other cases, and if the fine amount is deposited. Registry to send back the TCR along with copy of this judgment for information and for needful action. The fee of Amicus Curiae is fixed at Rs.10,000/-. The Secretary, HCLSC is directed to pay fee to the Amicus Curiae. Sd/- (M G UMA) JUDGE SPV CT:VS/ List No.: 1 Sl No.: 15