Karnataka High Court
Mrs. Vidhu Jothwani vs The State Of Karnataka on 5 November, 2025
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NC: 2025:KHC:44612
CRL.A No. 794 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 794 OF 2015 (A)
BETWEEN:
MRS. VIDHU JOTHWANI
W/O SUNIL JOTHWANI,
AGED ABOUT 54 YEARS,
RESIDING AT NO.31, 3RD FLOOR,
13TH CROSS, 6TH MAIN,
PEARL PAVAN APARTMENTS,
MALLESHWRAM,
BANGALORE-560003.
...APPELLANT
(BY SRI. MAHESH S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY MALLESHWARAM POLICE STATION,
Digitally signed by BANGALORE - 560 003.
LAKSHMINARAYAN N
Location: HIGH
COURT OF
KARNATAKA 2. SRI. SUNIL JOTHWANI
S/O. L.S. JOTHWANI,
AGED ABOUT 56 YEARS,
RESIDING AT NO.31, 3RD FLOOR,
13TH CROSS, 6TH MAIN,
PEARL PAVAN APARTMENTS,
MALLESHWARAM,
BANGALORE-560 003.
...RESPONDENTS
(BY SRI. B. LAKSHMAN, HCGP FOR R1,
R2 SERVED AND UNREPRESENTED.)
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NC: 2025:KHC:44612
CRL.A No. 794 of 2015
HC-KAR
THIS CRL.A. IS FILED U/S.372 CR.P.C PRAYING TO SET
ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED
17.4.2015 PASSED BY THE HON'BLE PRESIDING OFFICER,
SPECIAL COURT FOR ECONOMIC OFFENCES IN
C.C.NO.149/2004 (OLD C.C.NO.16710/2001) FOR THE
OFFENCES P/U/S 498-A OF IPC AND CONVICT THE 2ND
RESPONDENT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
1. The victim has preferred this appeal under Section 372 of Cr.P.C. against the judgment of Acquittal dated 17.04.2015 in C.C.No.149/2004 (Old C.C.No.16710/2001) passed by the Presiding Officer, Special Court for Economic Offences, Bangalore.
2. For the sake of convenience, the parties herein are referred to as per their rank and status before the trial Court.
3. The brief facts leading to this appeal are that, the Malleshwaram Police have submitted charge sheet against the accused for the commission of offence punishable under Section 498-A of Indian Penal Code.
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NC: 2025:KHC:44612 CRL.A No. 794 of 2015 HC-KAR
4. It is alleged by the prosecution that the marriage of the complainant Vidhu Jothwani with Sunil Jothwani took place on 22.07.1985. After marriage, the accused and the complainant were residing at D.No.98(31), Pavan Apartments, 6th Main Road, 13th Cross, Malleshwaram. The accused was harassing the complainant to give money and thereby committed the offence punishable under Section 498-A of Indian Penal Code.
5. After taking cognizance, case was registered in C.C.No.149/2004. Accused appeared before the Court and enlarged on bail. The charges framed against the accused for the alleged commission of offences. Accused pleaded not guilty and claimed to be tried.
6. To prove the guilt of the accused, the prosecution has examined 6 witnesses as PW-1 to PW-6 and 5 documents were marked as Ex.P.1 to P.5. On closure of prosecution side evidence, statement under Section 313 of Cr.P.C was recorded. Accused has admitted his relationship with PW-1. It is also admitted that accused is having two children by name Kanika- PW2 and Pranav Vidhu-PW3. But he has denied all other -4- NC: 2025:KHC:44612 CRL.A No. 794 of 2015 HC-KAR prosecution witnesses and adduced the evidence of DW1 and marked 6 documents as Ex.D1 to D6.
7. Having heard the arguments on both sides, the trial Court has acquitted the accused for the offence under Section 498-A of Indian Penal Code. State has not preferred appeal against the judgment of acquittal. Being aggrieved by the judgment of Acquittal, the victim has preferred the appeal.
8. Learned counsel for the appellant would submit that, PW1 has supported the case of the prosecution, however the trial Court has failed to appreciate the evidence of prosecution witnesses. PW2 and PW3 being the children have also supported to the case of the prosecution. Hence, he sought to allow this appeal.
9. Notice duly served to respondent No.2. He remained absent and unrepresented.
10. I have examined the materials placed before this Court. -5-
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11. This case arises out of the complaint filed by PW1 as per Ex.P1. It is relevant to mention as to the contents of the complaint. Same read as under:
"Sub: Complaint of harassment, threat to life, assault and dowry demand against My husband Mr.Sunil.L Jotwani With reference to the above I wish to bring the following to your kind consideration and immediate actions.
I'm residing at the above address with my daughter Miss Kanika aged 14yrs, and my son master Pranav aged 09yrs.I was married to Mr. Sunil.L.Jotwani, on 22-07- 1985 at Bombay. Soon after the marriage I was brought to Bangalore and started living in my husband's house at Jayanagar. After 4 years we set up a separate house at sadashivnagar where my husband our daughter Kanika and I lived.
After setting up separate house, my husband demanded money to start a business and my parents gave him nearly Rs.3lakhs in various sums ranging from Rs.30,000/- to Rs. 40,000/- at a time over a period of 3 years. He started doing business in automobile spare parts in J.C. Road, Bangalore He failed in business and since then he is not earning any money or providing for the family expenses. My parents and my brother financially helped me and paid the same to my husband whenever he demanded only with a hope that he will realize his folly and start taking good care of the family.-6-
NC: 2025:KHC:44612 CRL.A No. 794 of 2015 HC-KAR After the birth of our son Pranav I found it very difficult to run the house as my husband never paid any money nor brought the necessary articles of daily needs. My parents and my brother stopped paying him. This carpelled me to under go training in running a beauty parlor and in addition to this I'm giving computer training to earn a livelihood.
When I started earning money my husband started demanding money every day to meet his expenses including liquor. If I refuse to pay him he becomes wild and starts physically hitting me and also the children. He invariably comes home by night drunk and picks up quarrel and creates nuisances for all in the apartment and beat children and me. He even steals money from my handbag, and children pocket money. He is now the /. flat where we are now living, he will kill the children and me.
He deliberately insults my students & me in front and has threatened me that he will harass me till I commit suicide. Many times out of shame and disgust I have contemplated suicide also. His parents who are living in Bangalore only support his daily harassment. My children also feel in secured and are spending their days in constant fear of harass.
To-day He also demanded for money. But, I didn't respond to it. Later, he started hitting my two children and me very badly. Please safe guards my family and me."-7-
NC: 2025:KHC:44612 CRL.A No. 794 of 2015 HC-KAR
12. On the basis of complaint, the concerned Police have registered the case in Crime No.76/2001 on 21.03.2001 for the offence under Section 498-A of Indian Penal Code and submitted First Information Report to the Court on 22.03.2001.
13. PW1 has deposed in her evidence as to the contents of the complaint Ex.P1.
14. PW2 Miss Kanika, the daughter of the accused and PW3 Master Pranav Vidhu the son of the accused, have deposed in their evidence that their mother was working as a Beautician and conducting Computer Classes and their father was having an Automobile Shop. Their mother was also earning, as such, their father always demanding money. Whatever he earns, he does not give to them. Their mother use to work by conducting Computer Classes in the house. Whatever she earns, he would take the same. He threatened their mother with knife in order to take money. He used to insult their mother in front of -8- NC: 2025:KHC:44612 CRL.A No. 794 of 2015 HC-KAR students in computer class. Further, they have deposed that on every night the accused use to come home drunk and unnecessarily beat them. The accused troubled their mother physically and mentally.
15. PW4 is the Police Officer has deposed regarding arrest of the accused.
16. PW5 Technician has deposed regarding mahazar conducted by the Police as per Ex.P2.
17. PW6 Rangaiah has deposed regarding investigation conducted by him.
18. DW1 Sunil Jothwani-the accused, has deposed that the PW1 after marriage was not in good terms with him. She used to fight with his parents and his brother. She demanded a separate house from her parents-in-law. Father of the accused purchased a flat in Nandagokula apartments in Sadashivanagara. He also invested to his shop in J.C.Road which was purchased in the year 1983 -9- NC: 2025:KHC:44612 CRL.A No. 794 of 2015 HC-KAR and thereafter shifted to Nandagokula apartments in the year 1999 along with his family i.e. himself, PW1 and their daughter. They stayed there for 4 years. She was not satisfied with the flat in Nandagokula as it was single bed room house. So, he sold it to PW1's brother Gulab-Hirani for Rs.8,50,000/- which is very meager, out of which only Rs.4,50,000/- was given through account payee cheque to his name remaining Rs.4,00,000/- is still due. He has not yet executed sale deed in favour of Gulab-Hirani due to balance is not paid. Rs.4,50,000/- which was received was deposited in the name of accused in Canara Bank. Later he invested this to purchase a flat in Pearl Valley Apaprtment in Malleshwaram. The accused had also availed loan from CANFIN Homes, Jayanagar. The Pearl Valley apartment is in the joint name of PW1 and him. PW1 has not invested any amount to purchase flat in Pearl Valley Apartment. Her name is inserted in the sale deed as her brothers pressurized to include her name. He shifted with his family to Pearl Valley apartment in year 1995. He used to pay
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NC: 2025:KHC:44612 CRL.A No. 794 of 2015 HC-KAR Rs.3,500/- EMI towards Home loan. Till 18-07-2001 he paid EMI, thereafter he did not pay since he was not allowed to go to house.
19. After shifting to Pearl Valley apartment, the accused spent Rs.4,00,000/- to furnish beauty parlour to PW-1 she was not earning even 20-30 rupees a day. So she closed parlour in the year 1999. Thereafter, she started computer classes in the flat itself with one Mr. Mahesh Prasad who was coming to teach his daughter Kanika. He do not know the income of the computer class since PW1 never used to share the details with accused. There were 4-5 students every day. Time was not fixed for tuitions. Mahesh Prasad used to come and go 4 to 5 times everyday. In the first week of March 2001, at 11.00 am the accused had left the house, as he had forgotten Bank documents, he came back at about 12.00 noon and opened the door, went to bed room to pickup Bank documents. There the accused saw, PW1 and Mr. Mahesh Prasad in their bed room in compromising position. When the accused questioned
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NC: 2025:KHC:44612 CRL.A No. 794 of 2015 HC-KAR them, they threatened him. Thereafter the accused left the house. When he came in the night PW1 did not open the door and he spent whole night on staircase. Thereafter she demanded for mutual divorce for which the accused did not agree. Thereafter, she filed a case against him.
20. The trial Court has observed in the judgment that, in Ex.P1 the complainant has not stated about how the accused used to burn her hands with cigarette butts and he used to splash water which he was drinking, and also he was saying that she should commit suicide so that he can marry again. She has further not stated about the incident dated 21.03.2001 which is said to have happened by 3.00 pm. She did not even stated about when her children came to her rescue, accused also hit them and told them that she was not bringing money from her parents house, she was not giving the money which she was earning. Therefore, accused was forcing PW1 to kill herself. These allegations are improved version only in the chief examination.
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21. The trial Court has also observed that the case of complainant is that, her brother met demands of accused by paying upto Rs.3,00,000/- at Rs.30,000/- to Rs.40,000/- often to establish his business, which also is not supported by oral evidence of her brother or by any documentary evidence. She says during her cross- examination the documentary evidence is destroyed. However, she is silent about how, under what circumstances and who destroyed the said document.
22. The trial Court has pointed out the material omissions and contradictions in the evidence of prosecution witnesses and also the contents of the complaint. Accordingly, the trial Court has properly appreciated the evidence on record in accordance with law and facts.
23. On re-appreciation of the evidence on record, I do not find any error / illegality in the impugned judgment of Acquittal. Hence, I proceed to pass the following:
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NC: 2025:KHC:44612
CRL.A No. 794 of 2015
HC-KAR
ORDER
(i) The Appeal is dismissed.
(ii) Registry is directed to send a copy of this order along with Trial Court records to the concerned Court.
Sd/-
(G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 64