- 1 - HC-KAR NC: 2025:KHC:36992-DB CRL.A No. 2312/2024 C/W CRL.RC No.1/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 2312/2024 (C) C/W CRIMINAL REFERRED CASE NO.1/2024 CRL.A No.2312/2024 BETWEEN: AMBIKA W/O LATE MARULESHAIAH AGED ABOUT 56 YEARS R/O KUNNAHALLI VILLAGE MUDIGERE TALUK (NOW AT J.C) …APPELLANT (BY SRI SOHANI A HOLLA, ADVOCATE) AND: THE STATE OF KARNATAKA BY CHIKKAMAGALUR P S CHIKKAMAGALUR, REPRESENTED BY SPP, HIGH COUT OF KARNATAKA BANAGALORE …RESPONDENT (BY SRI VIJAYAKUMAR MAJAGE, SPP-II ) THIS CRIMINAL APPEAL IS FILED U/S 374(2) CR.PC (FILED U/S 415(2) BNSS) PRAYING TO SET ASIDE THE ORDER DATED 25.07.2024 PASSED IN S.C.NO.74/2018 WHICH WAS PENDING ON THE FILE OF PRL. DIST. AND SESSIONS JUDGE AT CHIKKAMAGALURU. Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36992-DB CRL.A No. 2312/2024 C/W CRL.RC No.1/2024 IN CRL.RC NO. 1/2024 BETWEEN: CHIKKAMAGALURU PRINCIPAL DISTRICT AND SESSIONS JUDGE CHIKKAMAGALURU PRINCIPAL DISTRICT AND SESSIONS JUDGE AT ...PETITIONER (BY SRI. VIJAY KUMAR MAJAGE, SPP-II) AND: SMT. AMBIKA W/O. LATE MARULESHAIAH AGED ABOUT 50 YEARS LABORER, R/AT KUNNAHALLI VILLAGE MUDIGERE TALUK ...RESPONDENT (BY SRI. SOHANI A HOLLA.,ADVOCATE) THIS CRIMINAL REFERRED CASE IS REGISTERED UNDER SECTION 366(1) OF CR.P.C. REFERRING THE ACCUSED/RESPONDENT HEREIN TO THIS COURT WHO WAS FOUND GUILTY OF THE OFFENCE PUNISHABLE UNDER SECTION 302 & 201 OF IPC BY JUDGMENT DATED 25.07.2024 IN SC NO.74/2018. THIS CRIMINAL APPEAL AND CRIMINAL REFERRED CASE, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL and HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Challenging the judgment and order of conviction passed against him on the file of Principal District & Sessions Judge, - 3 - HC-KAR NC: 2025:KHC:36992-DB CRL.A No. 2312/2024 C/W CRL.RC No.1/2024 Chikkamagaluru, accused in S.C.No.74/2018 has preferred this appeal. 2. Appellant was tried in S.C.No.74/2018 on the charge that on 22.01.2018 at 11.00 p.m. victim with whom the accused was in live-in-relationship had quarreled with her regarding her site and house and assaulted her. Being enraged by that, she in turn had assaulted on his head with club. Victim was drunk and fell down receiving the blow, then she throttled him and killed him. To screen the evidence of offence, she burnt his dead body in the backyard of her house using fire weapon etc. 3. The trial Court in its judgment has indicated that the accused was non-cooperative for recording her examination under Section 313 of Cr.P.C. with the help of interpreter and by providing her hearing aids. This Court considering the trial Court records and the submissions of both side, called for the report of the Jail Authorities, Chikkamagalur to find out whether the accused was interacting with other inmates of the jail/officer/officials. If so, how is her behaviour and her present mental condition. In response to that, the report is submitted by the Jail Authorities. - 4 - HC-KAR NC: 2025:KHC:36992-DB CRL.A No. 2312/2024 C/W CRL.RC No.1/2024 4. In addition to the report of Jail Authorities, the letter dated 09.09.2025 is received from the Principal District and Sessions Judge, Chikkamagaluru along with copy of report of the Member Secretary, District Legal Services Authority, Chikkamagaluru and medical report of accused which shows that appellant/accused has no mental health issue. The reports further show that the appellant submitted a representation to the Member Secretary, DLSA, Chikkamagaluru claiming that her hearing faculty is good and sought for early disposal of the appeal. 5. Since the impugned judgment and order of conviction was passed without recording the statement of appellant/accused under Section 313 of Cr.PC and in view of subsequent developments stated above, it would be just and proper to set aside the order of conviction passed in S.C.No.74/2018 pending on the file of Prl. District and Sessions Judge, Chikkamagaluru and remand the matter to the trial Court for disposal on recording statement of the accused under Section 313 of Cr.PC and on hearing both side. - 5 - HC-KAR NC: 2025:KHC:36992-DB CRL.A No. 2312/2024 C/W CRL.RC No.1/2024 6. Hence, the following; ORDER i) Appeal is allowed. ii) The impugned judgment and order of conviction and sentence in S.C.No.74/2018 passed by Prl. District and Sessions Judge, Chikkamagaluru is hereby set aside. iii) The matter is remanded to the trial Court. iv) The trial Court shall examine the accused under Section 313 of Cr.PC/Section 351 of BNSS, if necessary by providing her hearing aid/service of interpreter. v) After her examination trial Court shall hear both parties and dispose of the matter as expeditiously as possible. vi) Return the TCRs to the trial Court. In view of judgment and order passed in Crl.A.No.2312/2024, reference in Crl.RC No.1/2024 does not survive for consideration and the same is disposed of accordingly. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 5