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Karnataka High Court
Smt. Prema vs The State Of Karnataka on 2 February, 2026
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2026:KHC:5735-DB
CRL.A No. 141 of 2025
C/W CRL.A No. 1666 of 2023
CRL.A No. 2337 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO.141 OF 2025 (A)
C/W
CRIMINAL APPEAL NO.1666 OF 2023 (C)
CRIMINAL APPEAL NO.2337 OF 2024
IN CRL.A No.141/2025
BETWEEN:
STATE OF KARNATAKA
BY ASSISTANT COMMISSIONER OF POLICE
MANGALURU SOUTH SUB-DIVISION
MANGALURU
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU-560 001.
Digitally signed by ...APPELLANT
MOUNESHWARAPPA
NAGARATHNA
Location: High Court
(BY SMT. RASHMI JADHAV, ADDITIONAL SPP)
of Karnataka
AND:
1. SMT. PREMA
W/O. VASU POOJARY
AGED ABOUT 55 YEARS
RESIDING AT HOUSE NO.1-167
M.C.C QUARTERS
NEAR FISHERIES COLLEGE
GORIGUDDE, KANKANADY POST
JEPPINAMOGARU VILLAGE
MANGALURU - 575 007.
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NC: 2026:KHC:5735-DB
CRL.A No. 141 of 2025
C/W CRL.A No. 1666 of 2023
CRL.A No. 2337 of 2024
HC-KAR
2. SMT. GEETHA S.P.
W/O. S.P. ANAND
AGED ABOUT 39 YEARS
D.NO.161/1 MCC
QUARTERS-KUDPADI ROAD
JEPPU
MANGALURU CITY - 574 142.
...RESPONDENTS
(BY SRI AJAY PRABHU M., ADVOCATE FOR R-1;
SRI POOJAPPA J., ADVOCATE FOR R-2)
***
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1)(3)
OF THE CR.PC PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT
AND ORDER DATED 10-8-2023 PASSED BY THE II ADDITIONAL
DISTRICT AND SESSIONS (SPECIAL) JUDGE AT D.K. MANGALURU IN
SPL.C.NO.190 OF 2019 ACQUITTING THE RESPONDENTS-ACCUSED
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 504, 355 AND
326 OF IPC AND SECTION 3(1)(r)(s) OF SC/ST (POA) ACT 1989 AND
ETC.
IN CRL.A NO.1666/2023
BETWEEN:
SMT. PREMA
W/O. VASUPOOJARY
AGED ABOUT 53 YEARS
RESIDING AT HOUSE NO.1-167
M.C.C. QUARTERS
NEAR FISHERIES COLLEGE
GORIGUDDE, KANKANADY POST
JEPPINAMOGARU VILLAGE
MANGALURU - 575 007.
...APPELLANT
(BY SRI AJAY PRABHU M., ADVOCATE)
AND:
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NC: 2026:KHC:5735-DB
CRL.A No. 141 of 2025
C/W CRL.A No. 1666 of 2023
CRL.A No. 2337 of 2024
HC-KAR
1. THE STATE OF KARNATAKA
THROUGH ASSISTANT COMMISSIONER
OF POLICE
MANGALURU SOUTH SUB-DIVISION
MANGALURU - 575 001.
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560 001.
2. SMT. GEETHA S.P.
W/O. S.P. ANANDA
AGED ABOUT 38 YEARS
RESIDING AT HOUSE NO.161/1
M.C.C. QUARTERS, JEPPU
MANGALURU CITY - 575 002.
...RESPONDENTS
(BY SMT. RASHMI JADHAV, ADDITIONAL SPP FOR R-1;
SRI POOJAPPA J., ADVOCATE FOR R-2)
***
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)
OF THE CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF
CONVICTION DATED 10-8-2023 AND ORDER ON SENTENCE
DATED 11-8-2023 PASSED BY THE II ADDITIONAL DISTRICT
AND SESSIONS (SPECIAL) JUDGE, D.K. MANGALURU IN
SPL.C.NO.190 OF 2019, FOR THE OFFENCES PUNISHABLE
UNDER SECTION 325 OF IPC AND SECTION 3(2)(VA) OF SC/ST
(POA) ACT AND ETC.
IN CRL.A NO.2337/2024
BETWEEN:
THE STATE OF KARNATAKA
BY ASSISTANT COMMISSIONER OF POLICE
MANGALURU SOUTH SUB-DIVISION
MANGALURU-560 001.
...APPELLANT
(BY SMT. RASHMI JADHAV, ADDITIONAL SPP)
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NC: 2026:KHC:5735-DB
CRL.A No. 141 of 2025
C/W CRL.A No. 1666 of 2023
CRL.A No. 2337 of 2024
HC-KAR
AND:
1. SMT. PREMA
W/O. VASUPOOJARY
AGED ABOUT 55 YEARS
RESIDING AT HOUSE NO.1-167
M.C.C. QUARTERS
NEAR FISHERIES COLLEGE
GORIGUDDE, KANKANADY POST
JEPPINAMOGARU VILLAGE
MANGALURU - 575 007.
2. SMT. GEETHA S.P.
W/O. S.P. ANAND
AGED ABOUT 39 YEARS
RESIDING AT DOOR NO.161/1
M.C.C. QUARTERS
KUDPADI ROAD, JEPPU
MANGALURU CITY - 574 142.
...RESPONDENTS
(BY SRI AJAY PRABHU M., ADVOCATE FOR R-1;
SRI POOJAPPA J., ADVOCATE FOR R-2)
***
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 377 OF
THE CR.PC PRAYING TO ALLOW THIS APPEAL AND MODIFY THE
JUDGMENT OF CONVICTION DATED 10-8-2023 AND ORDER ON
SENTENCE DATED 11-8-2023 PASSED IN SPL.C.NO.190 OF 2019
ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS
(SPECIAL) JUDGE, DAKSHINA KANNADA DISTRICT,
MANGALORE, INSOFAR AS IMPOSING INADEQUATE SENTENCE
PASSED AGAINST ACCUSED FOR THE OFFENCE PUNISHABLE
UNDER SECTION 325 OF IPC AND SECTION 3(2)(VA) OF SC/ST
(POA) ACT, 1989, BY IMPOSING MAXIMUM SENTENCE.
THESE CRIMINAL APPEALS, COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
and
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NC: 2026:KHC:5735-DB
CRL.A No. 141 of 2025
C/W CRL.A No. 1666 of 2023
CRL.A No. 2337 of 2024
HC-KAR
HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
Criminal Appeal No.141/2025 and Criminal Appeal
No.2337/2024 are filed by the appellant-State challenging the
acquittal the accused for the offences punishable under
Sections 504, 355 and 326 of Indian Penal Code, 1860 (for
short, 'IPC') and Section 3 (1)(r)(s) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for
short 'SC/ST(PoA) Act') as well as for inadequate sentence
imposed against accused for the offences punishable under
Sections 325 of IPC and under Section 3(2)(va) of SC/ST(PoA)
Act.
2. Criminal Appeal No.1666/2023 is filed by the
appellant-accused challenging the order of conviction dated
10.08.2023 and sentence dated 11.08.2023 passed in Spl.Case
No.190/2019 by learned II Addl. District & Sessions(Special)
Judge, Dakshina Kannada, Mangaluru for the offences
punishable under Sections 325 of IPC and Section 3 (2)(va) of
SC/ST(PoA) Act.
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3. This Court has already admitted the appeal filed by
the appellant-accused with the consent of both the counsel
appearing for the State as well as the counsel appearing for the
accused, the matters are taken up for final disposal.
4. Having considered the factual aspects of the case,
the incident took place between neighbours. The injured was
undergoing treatment at M.V. Shetty Hospital, Mangaluru, and
CW-15, Hanuma Reddy, Head Constable of Mangaluru South
Police Station, visited the said hospital and recorded the
statement and registered the case after recording the
statement at the first instance in Crime No.169 of 2019 for
offences punishable under Sections 324, 355, and 504 of the
IPC and Sections 3(1)(r)(s), and 3(2)(va) of the SC/ST(PoA)
Act.
5. Subsequently, the case was transferred to
Kankanady Town Police Station, Mangaluru, on 01.08.2019. On
the basis of the same, the case was registered in Crime No. 82
of 2019 for the offences punishable under Sections 324, 355,
and 504 of the IPC and Sections 3(1)(r)(s), and 3(2)(va) of the
Act.
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6. The statements of the victim as well as her husband
were recorded. The police have invoked the provisions of the
special enactment, alleging that the accused abused the victim
by stating that she belongs to lower community, came from
elsewhere, and acted in a high-handed manner.
7. The police investigated the matter and filed the
charge sheet against the accused for the offences punishable
under Sections 504, 355, and 326 of the IPC and Sections
3(1)(r)(s), and 3(2)(va) of the SC/ST(PoA) Act.
8. The Trial Court, having considered the material on
record, noted that although the doctor issued Wound Certificate
stating that there was a fracture, no X-ray was produced to
substantiate the same. Considering the nature of the injury, the
Court invoked Section 325 of the IPC instead of Section 326.
9. The allegation of PW-1 is that the accused assaulted
her with a wooden reaper piece and also with an umbrella, as a
result of which she sustained injuries. The Wound Certificate
discloses that there were simple injuries, and though it
mentions fracture, the same is not supported by any X-ray
evidence. However, taking note of the nature of the injuries,
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the trial Court convicted the accused for the offence punishable
under Section 325 of the IPC and also invoked the provisions of
the Special Enactment.
10. Upon consideration of the evidence of PW-1, she
admits that she belongs to lower Caste; however, she has
nowhere stated that the accused uttered her specific caste
name or abused her with the intention to humiliate her in public
view. When such being the case, the Trial Court committed an
error in invoking the provisions of the Special Enactment.
Similarly, the evidence of PW-2, who is the husband of PW-1,
does not disclose that the accused referred to the specific caste
name of PW-1 or insulted her with the intention to humiliate
her in the presence of the general public. Therefore, the trial
Court erred in invoking the provisions of the Special Enactment.
11. Further, though the Wound Certificate mentions
fracture, no X-ray or supporting medical record has been
produced to substantiate the same. In the absence of X-ray
evidence, the opinion remains only on clinical assessment. Had
the fracture been supported by X-ray evidence, there would
have been merit in the contention of the learned counsel for the
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State that Section 326 of the IPC ought to have been invoked.
However, in the absence of such material, the contention
regarding inadequate sentence and acquittal for the graver
offence under Section 326 of the IPC is not supported by
evidence.
12. In the above circumstances, this is a fit case for
modification of the conviction for the offence under Section 324
of the IPC and not under Section 325 of the IPC. The question
of invoking the provisions of Section 3(2)(va) of the
SC/ST(PoA) Act also does not arise, as the essential ingredients
of the offence have not been established in evidence. Hence, it
is appropriate to modify the judgment and sentence passed by
the trial Court.
13. Having regard to the gravity of the offence and the
manner in which the incident took place, it is evident that the
quarrel arose suddenly between two women with respect to the
drying of clothes, which was trivial issue. In such
circumstances, this Court is of the opinion that this is not a
case for imposing the sentence as there is not motive and
premeditation.
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14. The Court also takes note of the fact that the
dispute is between neighbours. In matters of this nature,
Courts generally lean towards imposing fine and awarding
compensation rather than sentencing the accused to
imprisonment, particularly in cases involving minor offences
and first-time offenders, so as to avoid further disruption of
relations between the parties. However, the adequacy of fine
depends on the gravity of the offence. In furtherance of the
principles of restorative justice, the fine imposed in such cases
can be directed to be paid to the victim as compensation for the
loss or injury suffered, which may serve the ends of justice
more effectively than a term of imprisonment.
15. Taking note of the said fact into consideration also,
it is appropriate to modify the sentence for an offence under
Section 324 of IPC without any punishment and having
considered the nature of injury, it is appropriate to impose only
a fine of Rs.50,000/- as sentence instead of imprisonment.
16. In view of the discussions made above, we pass the
following:
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HC-KAR
ORDER
i) Crl.A.No.414/2025 and Crl.A.No.2337/2024
filed by the appellant/State are dismissed.
ii) Crl.A.No.1666/2023 filed by the accused is
allowed-in-part.
iii) The judgment of conviction dated 10.08.2023
and sentence dated 11.08.2023 passed in
Spl.Case No.190/2019 against the accused by
learned II Addl. District & Sessions (Special)
Judge, Dakshina Kannada, Mangaluru is
modified. Accused is acquitted of the offences
punishable under Section 325 of IPC and
Section 3(2)(va) of SC/ST (PoA) Act, 1989.
However, the sentence imposed under Section
325 IPC is modified to section 324 IPC and
accused is imposed only with a fine of
Rs.50,000/-. On deposit of Rs.50,000/- by
accused before the trial Court, the same shall
be payable to PW.1/victim on proper
identification.
iv) Bail bonds, if any, executed by accused stand
cancelled.
v) If the appellant-accused has already deposited
Rs.20,000/- as ordered by the trial Court, she
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shall deposit the balance amount within three
weeks.
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
AM
List No.: 1 Sl No.: 5
