Karnataka High Court
Smt Malleshwari W/O Prathap Reddy vs The State Of Karnataka on 16 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.A No. 100537 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100537 OF 2025
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
1. SMT. MALLESHWARI W/O PRATHAP REDDY,
AGE. 58 YEARS, OCC. HOUSEHOLD,
R/O. NEAR SADRUDDIN BABA DARGA,
NEAR AYYAPPA SWAMY TEMPLE,
AYYAPPA LAYOUT, BALLARI-583 101.
2. SRI. PRATHAP REDDY A.V.
S/O LATE BALAVEERA REDDY,
AGE. 65 YEARS, OCC. NIL,
R/O. NEAR SADRUDDIN BABA DARGA,
NEAR AYYAPPA SWAMY TEMPLE,
AYYAPPA LAYOUT, BALLARI-583 101.
Digitally
signed by
RAKESH S
RAKESH HARIHAR
S Location:
HIGH COURT
HARIHAR OF
KARNATAKA
DHARWAD
BENCH
3. SRI. SAMPATH REDDY A.V. S/O PRATHAP REDDY,
AGE. 36 YEARS, OCC. EMPLOYEE,
R/O. NEAR SADRUDDIN BABA DARGA,
NEAR AYYAPPA SWAMY TEMPLE,
AYYAPPA LAYOUT, BALLARI-583 101.
ALL ARE PERMANENT R/O. WARD NO.14,
RUPANAGUDI ROAD, NEAR HULIGEMMA TEMPLE,
BALLARI-583 101.
... APPELLANTS
(BY SRI. SRINAND A. PACHAPURE, ADVOCATE)
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CRL.A No. 100537 of 2025
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AND:
1. THE STATE OF KARNATAKA,
THROUGH BALLARI WOMEN POLICE STATION,
NOW R/BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD-580 011.
2. SMT. NAGAVENI W/O LATE SHIVA,
AGE. 45 YEARS, OCC. HOUSEHOLD WORK,
R/O. 3RD CROSS KUVEMPU NAGAR,
BALLARI-583 101.
... RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
R2-SERVED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2)
OF SC/ST (POA) ACT, 1989, PRAYING TO GRANT ANTICIPATORY
BAIL TO THE PETITIONERS/ACCUSED NO.2, 3 AND 4 IN THE
EVENT OF HIS ARREST IN CRIME NO.91/2025 REGISTERED FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 80, 115(2), 352
R/W SECTION 3(5) OF BNS AND SECTIONS 3(1)(R), 3(1)(S)
AND 3(2)(V-A) OF SC/ST (POA) ACT, 1989, BY BALLARI WOMEN
POLICE STATION, AND SET ASIDE THE ORDER DATED
16.08.2025 IN CRL.MISC. NO.640/2025 BY THE COURT OF I
ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI, IN THE
INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT IS DELIVERED THEREIN AS UNDER:
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CRL.A No. 100537 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
1. Accused Nos.2 to 4 in Crime No.91/2025
registered by Ballari Woman Police Station, Ballari, for
offences punishable under Sections 80, 115(2), 352 r/w
Section 3(5) of BNS and Sections 3(1)(r), 3(1)(s) and
3(2)(v-a) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 2015, are before this Court in
this appeal filed under Section 14(A)(2) of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
2015.
2. Heard the learned counsel for the appellant and
learned HCGP for respondent No.1. Respondent No.2 who is
served in the matter has remained unrepresented before
this Court.
3. FIR in Crime No.91/2025 was registered by
Ballari Woman Police Station, Ballari, for the aforesaid
offences against Anil Kumar Reddy and the appellants
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herein based on the first information dated 21.07.2025 filed
by respondent No.2, who is the mother of deceased
Chandrakala. Apprehending arrest in the case, appellants
had filed Crl.Misc.No.640/2025 before the jurisdictional
Sessions Court, which was rejected on 16.08.2025.
Therefore, they are before this Court.
4. Learned counsel for the appellants submits that
marriage between accused no.1 and the deceased was a
love marriage. Therefore, the allegation of demand for
dowry is totally false. He submits that allegation as against
the appellants are all general and omnibus in nature.
Accused no.1 has been arrested in the present case on
22.07.2025 and he is in custody. Appellant no.4 is working
in a private company at Hubballi and during weekends he
visits his parents at Ballari. Appellants do not have any
criminal antecedent. They are ready and willing to
cooperate with the police for the purpose of investigation.
Accordingly, prays to allow the appeal.
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5. Per contra, learned HCGP has opposed the
appeal. She submits that there are allegations even as
against the appellants about ill-treating and torturing the
deceased in her matrimonial house, in furtherance of
demand for bringing additional dowry. Unable to bear the
torture meted out in the matrimonial house, deceased has
committed suicide in her parents' house. Considering the
nature of the allegations found against the appellants in
view of Section 18 of the SC/ST Act, the prayer made by
them cannot be granted. Accordingly, she prays to dismiss
the appeal.
6. Perusal of the averments found in the first
information dated 21.07.2025 submitted by the mother of
deceased Chandrakala would go to show that accused no.1
and Chandrakala were in love. The parents and elders of
both the parties had performed their marriage on
13.12.2020. Thereafter, the couple lived together happily
for a period of 2 years. In the first information, it is alleged
that subsequently, accused no.1, his parents and younger
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brother were abusing the deceased for the reason that she
belonged to scheduled caste. It is further alleged that
accused no.1 was in the habit of consuming alcohol and
physically abusing his wife. It is alleged that Chandrakala
had returned to her parents house after quarrelling with her
husband and subsequently, she was advised and sent back
to her matrimonial house. It is further alleged that
Chandrakala was being harassed for the reason that she
had not conceived even after lapse of more than 5 years
from the date of her marriage.
7. On 19.07.2025 Chandrakala had called her
mother and informed her that her husband after consuming
alcohol was regularly abusing her physically and her in-laws
were abusing her mentally. Thereafter, at about 1.00 pm on
19.07.2025 appellant No.4 had dropped Chandrakala in her
parents' house and had returned. Subsequently the first
informant found that Chandrakala had consumed poison
and therefore she and her sister shifted Chandrakala to a
hospital, but while undertaking treatment in the hospital
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Chandrakala died on 20.07.2025 at 5.50 p.m. It is under
these circumstances FIR was registered against accused
No.1 who is the husband of Chadrakala, his parents and his
brother.
8. The marriage between the accused No.1 and
Chandrakala was a love marriage, which was performed by
the elders and parents of both the parties. There is no
allegation in the first information that at the time of
marriage, there was a demand for payment of dowry either
by accused or by his parents. Therefore the allegation now
found in the first information that the deceased was being
tortured in her matrimonial house in furtherance of demand
for additional dowry becomes difficult to be believed.
9. From a reading of the first information it appears
that accused No.1 was in the habit of consuming alcohol
and therefore abusing and assaulting his wife. Even on
19.07.2025, deceased allegedly had informed her mother
that accused No.1 was in the habit of consuming alcohol
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regularly and was physically assaulting her. So far as other
accused are concerned, the allegation is that they were
mentally abusing her, but particulars of such alleged abuse
is not found in the first information.
10. The material made available by the learned HCGP
to this Court would go to show that accused No.4 had left
the deceased in her parents house on 19.07.2025 at about
1.00 p.m. and had returned. Subsequently at 2.30 p.m., the
first informant found that her daughter Chandrakala who
was lying in a bed had consumed some poisonous
substance. It is under these circumstances, the first
informant and her sister had shifted Chandrakala to the
hospital on 19.07.2025 at about 3.00 p.m. Chandrakala
who was admitted in the hospital died on 20.07.2025 at
about 5.50 p.m. The first information in the present case is
belatedly submitted on 21.07.2025 at about 1.00 p.m.
Appellant Nos.1 and 2 herein are aged parents of accused
No.1 and appellant No.4 is the younger brother of accused
No.1.
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11. Learned counsel for the appellants has produced
material before this Court which prima facie shows that
appellant No.1 is working in Hubballi in a private company.
Undisputedly, appellants herein do not have any criminal
antecedents. Accused No.1 who is arrested in the present
case on 22.07.2025 is in custody. Appellants have
undertaken to cooperate with the investigation officer for
the purpose of investigation. Considering the nature of
allegations as against the appellants which are general and
omnibus and also the relationship between the parties, I am
of the opinion that bar under Section 18 of the Act cannot
be very strictly made applicable as against them. Under the
circumstances, the following:
ORDER
a. Criminal Appeal is allowed.
b. The order dated 16.08.2025 passed by the I
Additional District and Sessions Judge, Ballari in
Crl.Misc.No.640/2025 is hereby set aside.
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The respondent - Police or any other Police in the
State of Karnataka are directed to release the appellant
in the event of his arrest in Crime No.91/2025
registered by Ballari Woman Police Station, Ballari,
for offences punishable under Sections 80, 115(2),
352 r/w Section 3(5) of BNS and Sections 3(1)(r),
3(1)(s) and 3(2)(v-a) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act,
2015, subject to the following conditions:
i. The appellants shall appear before the
Investigating Officer within 15 days from the date
of receipt of the copy of this order and shall
execute a personal bond for a sum of
Rs.1,00,000/- each with two sureties for the like
sum to the satisfaction of the investigating officer;
ii. The appellants shall regularly appear before the
Trial Court without fail unless exempted by the
Trial Court for valid reasons;
iii. The appellants shall not tamper with the
prosecution witness and they shall co-operate
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with the police for investigation and appear before
them whenever called upon.
iv. The appellants shall not involve in similar offences
in future.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
VMB, KGK
CT:BCK
