- 1 - HC-KAR NC: 2026:KHC:7883 CRL.A No. 1484 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1484 OF 2023 (A-) BETWEEN: THE STATE OF KARNATAKA BY HOSAMANE POLICE STATION, BHADRAVATHI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001 …APPELLANT (BY SRI.B.LAKSHMAN, HCGP) AND: SRI.CHINNASWAMY S/O CHALUVAIAH, AGED ABOUT 54 YEARS, R/O. MANJUNATH NILAYA, HOSAMANE, RIGHT SIDE, 4TH CROSS, BHADRAVATHI-577245 …RESPONDENT (BY SRI. ARUN B.K., ADVOCATE) THIS CRL.A. IS FILED UNDER SECTION 378(1) AND (3) OF THE CODE OF CRIMINAL PROCEDURE, 1973 BY THE STATE P.P. FOR THE STATE PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO GRANT LEAVE TO FILE AN APPEAL AGAINST THE IMPUGNED JUDGMENT AND ORDER OF ACQUITTAL DATED Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7883 CRL.A No. 1484 of 2023 01.03.2023 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C., BHADRAVATHI IN C.C.NO.3001/2015, ACQUITTING THE RESPONDENT - ACCUSED FOR THE OFFENCE P/U/S 341, 504, 323 AND 506 R/W 34 OF IPC AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The State has preferred this appeal against the judgment and order of acquittal passed by the III Additional Civil Judge and J.M.F.C, Bhadravathi, in C.C.No.3001/2015 dated 01.03.2023. 2. Parties are referred to by the same ranking as they were referred before the trial Court. 3. It is alleged by the prosecution that on 24.12.2014 at about 11.00 a.m., within the jurisdiction of Hosmane Police Station, Bhadravathi C.W.1 and 2 were proceeding on NMC main road by walk, at that time, accused persons all of a sudden came and restrained C.W.1 from moving further and started abusing C.W.1 in filthy language and assaulted her - 3 - HC-KAR NC: 2026:KHC:7883 CRL.A No. 1484 of 2023 with hands. Further accused persons gave life threat to C.W.1. Thereby, the accused has committed offences punishable under Section 341, 504, 323 and 506 read with 34 of the Indian Penal Code (henceforth referred to as 'IPC'). 4. The accused appeared before this Court and on hearing the charges, the charges framed against the accused for the alleged commission of offences were read over and explained to him. Having understood the same, the accused pleaded not guilty and claimed to be tried. 5. To prove the guilt of the accused, the prosecution examined 7 witnesses as PW-1 to PW-7 and 9 documents were marked as Exs.P.1 to P.9. The statement of the accused under Section 313 of the Code of Criminal Procedure (henceforth referred to as 'Cr.P.C.') was also recorded. The accused has totally denied the evidence of the prosecution witnesses. 6. The trial Court has observed that PW-1 gave the first information on 24.12.2014 at Government Hospital, - 4 - HC-KAR NC: 2026:KHC:7883 CRL.A No. 1484 of 2023 Bhadravathi, which was received at 5.00 p.m. to 5.30 p.m. It is an admitted fact that the accused is the husband of PW-1 and there is a divorce petition pending before the Family Court. There are total four cases filed between the accused and PW-1. PW-1 deposed that she was going towards the house of Shankaranna situated in Hosamane, Bhadravathi. In Ex.P.1/complaint does not disclose the said fact. Accordingly, PW-1 and PW-2 also accompanying her on the date of incident. However, PW-2 is the eye witness not supported to the case of the prosecution, but he deposed that he has not seen any quarrel between PW-1 and accused and he has not given any statement before the Police. 7. The PW-3 another eyewitness, has supported the case of the prosecution. During the course of cross- examination, he deposed that when the accused assaulted PW-1, there was bleeding from her head. PW- 1/Smt.N.Manjula, in her oral evidence, PW-1 says something else. The evidence of PW-2 is totally contradictory to the evidence of PW-1 and Ex.P.1. According to PW-1, there was - 5 - HC-KAR NC: 2026:KHC:7883 CRL.A No. 1484 of 2023 only abrasion on her head. PW-2 has stated that there was bleeding from the head. Exs.P.5 and P.6 do not disclose the bleeding from head of PW-1 and any of swelling over her head. Ex.P.5/Wound certificate merely reveals that pain and tenderness over all parts of the body. 8. PW-4/doctor has not mentioned the date of the incident in Ex.P.5. The trial Court has properly assessed the evidence of the all the witnesses. On examination of the entire materials on record, I do not find any legal or factual error in the impugned judgment of acquittal. 9. Hence, I proceed to pass the following order: ORDER i. The appeal is dismissed as the same is devoid of merits. Sd/- (G BASAVARAJA) JUDGE BKN/List No.: 1 Sl No.: 6