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The State Of Karnataka vs Manjunatha.B
2026 Latest Caselaw 130 Kant

Citation : 2026 Latest Caselaw 130 Kant
Judgement Date : 9 January, 2026

[Cites 12, Cited by 0]

Karnataka High Court

The State Of Karnataka vs Manjunatha.B on 9 January, 2026

                          -1-
                                   CRL.A No.562 of 2015


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
       DATED THIS THE 09TH DAY OF JANUARY, 2026
                         BEFORE
         THE HON'BLE MR. JUSTICE G BASAVARAJA
           CRIMINAL APPEAL NO.562 OF 2015

BETWEEN:

THE STATE OF KARNATAKA
BY SOLADEVANAHALLI
POLICE STATION.
                                             ...APPELLANT
(BY SRI. B. LAKSHMAN, HCGP)

AND:

MANJUNATHA B.
S/O BASAVARAJU,
AGED 32 YEARS,
R/AT NARASIMHAPPA BUILDING,
3RD CROSS, CHIKKASANDRA,
BENGALURU-560061.
                                         ...RESPONDENT
(VIDE COURT ORDER DT: 17.07.2023
 SMT. ANURADHA S.K., ADV. FOR RESPONDENT.)

     THIS CRL.A. IS FILED U/S.378(1) AND (3) CR.P.C
PRAYING TO GRANT LEAVE TO APPEAL AGAINST THE
JUDGMENT AND ORDER DATED 31.12.14 PASSED BY THE
LEARNED PRESIDING OFFICER, FTC-III BENGALURU RURAL
DIST., BENGALURU IN SESSIONS CASE NO.82 OF 2013 IN
ACQUITTING THE RESPONDENT ACCUSED OF THE OFFENCES
P/U/S 498-A AND 306 OF IPC AND ETC..

     THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT    ON   24.11.2025  AND  COMING   ON   FOR
"PRONOUNCEMENT OF ORDERS" THIS DAY, THE COURT,
DELIVERED THE FOLLOWING:

CORAM:    HON'BLE MR. JUSTICE G BASAVARAJA
                                 -2-
                                             CRL.A No.562 of 2015


                         CAV JUDGMENT

The State has preferred this appeal against the judgment

of Acquittal dated 31st December, 2014 passed in SC.No.82 of

2013 by the Fast Track Court-III, Bengaluru Rural District,

Bengaluru (for short "the trial Court").

2. For the sake of convenience, the parties herein are

referred to as per their rank before the trial Court.

3. Brief facts leading to this appeal are that, Sub-Inspector

of Police, Soladevanahalli, has submitted charge-sheet against

the accused for the offence under sections 498-A and 306 of

Indian Penal Code. It is alleged by the prosecution that, the

deceased Smt. Umadevi @ Uma was married to accused-

respondent herein on 28th October, 2007. After their marriage,

the accused and deceased were living together at

Soladevanahalli in the building of CW11 and for a period of 3

years they were living amicably. In their wedlock they had

begotten a boy baby. Thereafter, the accused was addicted to

bad vices and started harassing the deceased and was also

abusing her in filthy language, thereby subjected her to mental

and physical harassment. Accused had also stopped going to

work. On 02nd April, 2012 at about 10.15 p.m. the accused

picked-up quarrel with the deceased. The deceased being

disgusted with the said harassment and torture meted out by

the accused, on the same night, at 10.30 pm, committed

suicide by hanging herself to the ceiling fan in the Hall with her

mantle. Hence, complaint came to be registered. Based on the

complaint, Soladevanahalli Police registered a Case in Crime

No.55 of 2012 for the offences punishable under sections 498-A

and 306 of Indian Penal Code and took up investigation. After

completion of investigation, the Investigating Officer filed

charge sheet for the offences punishable under sections 498-A

and 306 of Indian Penal Code.

4. After filing the charge-sheet, case was registered in CC

No.4614/2012. Thereafter, case was committed to the Court of

Sessions and it was registered in SC No.82 of 2013. Upon

hearing on charges, the trial Court has framed the charges

against the accused for the commission of alleged offences

punishable under sections 498A and 306 of Indian Penal Code.

Same were read over and explained to the accused. Having

understood the same, the accused pleaded not guilty and

claimed to be tried.

5. To prove the guilt of the accused, prosecution has

examined fourteen witnesses as PWs.1 to 14, ten documents

were marked as Exs.P1 to 10; and five material objects were

marked as MOs.1 to 5. On closure of prosecution side

evidence, statement of the accused under Section 313 of Code

of Criminal Procedure was recorded. Accused has denied the

evidence of prosecution witnesses, but however, did not choose

to lead any defence evidence on his behalf.

6. Having heard the arguments on both sides, the trial Court

acquitted the accused. Being aggrieved by the judgment of

acquittal, the State has preferred this appeal.

7. Sri B.Lakshman, Learned High Court Government Pleader

appearing for the appellant-State, would submit that the

judgment of acquittal passed by the Court below with regard to

the respondent is contrary to law and facts of the case. The

accused has not given any proper explanation while recording

the statement under Section 313 of Code of Criminal

Procedure, which clearly indicates that accused is involved in

commission of offence. The trial Court has not properly

appreciated the evidence of PW1-Complainant, mother of the

deceased and PW2 to PW5. The trial Court has given much

weight to the minor omissions and contradictions in the case of

the prosecution. Though there were sufficient materials to

convict the accused, the trial Court has acquitted the accused

without giving proper and sound reasons. On all these

grounds, it is sought for allowing the appeal.

8. On the other hand, learned counsel Smt. Anuradha S.K.,

submits that, as per order dated 17th July, 2023, this Court has

appointed her as counsel for the respondent/accused. She

would submit that the trial Court has properly appreciated the

evidence on record in accordance with law and facts.

Absolutely, there are no materials to interfere with the

impugned judgment of acquittal. Hence, sought for dismissal

of the appeal.

9. Having heard the arguments on both sides and on perusal

of materials placed before me, the points that would arise for

my consideration are:

1) Whether the trial Court has committed an error

in passing the judgment of acquittal?

2) What order?

Regarding Point No.1:

10. Before appreciation of evidence on record, it is necessary

to mention the recent judgment of the Apex Court in the Case

of CONSTABLE 907 SURENDRA SINGH AND ANOTHER v. STATE

OF UTTARAKHAND reported in (2025)5 SCC 433; BABU

SAHEBGOUDA RUDRAGOUDAR AND OTHERS v. STATE OF

KARNATAKA reported in (2024)8 SCC 149; CHANDRAPPA v.

STATE OF KARNATAKA reported in (2007)4 SCC 415; and H.D.

SUNDARA v. STATE OF KARNATAKA reported in (2023)9 SCC

581. In the case of H D SUNDARA (supra), the Apex Court has

summarized the principles governing exercise of appellate

jurisdiction while dealing with an appeal against judgment of

acquittal under section 378 of Code of Criminal Procedure as

under:

"8. ...8.1. The acquittal of the accused further strengthens the presumption of innocence;

8.2. The appellate court, while hearing an appeal against acquittal, is entitled to re-appreciate the oral and documentary evidence;

8.3. The appellate court, while deciding an appeal against acquittal, after re-appreciating the evidence, is required to consider whether the view taken by the trial court is a possible view which could have been taken on the basis of the evidence on record;

8.4. If the view taken is a possible view, the appellate court cannot overturn the order of acquittal on the ground that another view was also possible; and

8.5. The appellate court can interfere with the order of acquittal only if it comes to a finding that the only conclusion which can be recorded on the basis of the evidence on record was that the guilt of the accused was

proved beyond a reasonable doubt and no other conclusion was possible."

In the said judgment, it is further observed that, thus it is

beyond the pale of doubt that the scope of interference by an

appellate court for reversing the judgment of acquittal recorded

by the trial court in favour of the accused has to be exercised

within the four corners of the following principles:

41.1. That the judgment of acquittal suffers from patent perversity;

41.2. That the same is based on a misreading/omission to consider material evidence on record; and

41.3. That no two reasonable views are possible and only the view consistent with the guilt of the accused is possible from the evidence available on record."

11. I have examined the materials placed before the court.

The Sub-Inspector of Police, Soladevanahalli Police Station,

submitted charge-sheet against the accused for offence

punishable and sections 498A and 306 of Indian Penal Code. It

is alleged by the prosecution that deceased-Umadevi was given

in marriage to accused-respondent on 28th October 2007. After

marriage, the accused and deceased were living at

Soladevanahalli in the house of CW11. They were living

amicably for a period of three years. During the subsistence of

marriage, they had begotten a boy baby. Thereafter, accused

got addicted to bad vices and started to harass the deceased

and used to abuse her in filthy language by causing mental and

physical harassment to the deceased. Accused also stopped

going to work. On 2nd April 2012 at about 10:15 PM, accused

picked-up quarrel with the deceased. Deceased being

disgusted with the said harassment and mental torture meted-

out by the accused, committed suicide at 10:30 pm by hanging

herself to the ceiling fan in the hall with the help of mantle.

Thus, the accused committed offence punishable under sections

498A and 306 of Indian Penal Code. To prove the guilt of the

accused, 14 witnesses were examined as PWs1 to 14, 10

documents were marked as Exhibits P1 to P10 and 5 Material

Objects were marked as MOs1 to 5.

12. The case arises out of the complaint filed by complainant

Smt. Gangamma-PW1. In the complaint, it is stated as under:

            " ಷಯ: ನನ ಮಗ ಾದ           ೕಮ ಉ ಾ ೇ , 24 ವಷ ಈ ೆಯು
      ಮೃತಪ ರುವ ಬ ೆ! ದೂರು.

            $ಾನು      %ೕಲ'ಂಡ         ಾಸದ+,   ಮಗ     -ೊ-ೆ.ಂ/ ೆ

0ಾಸ0ಾ1ರು2ೆ3ೕ$ೆ 4ಾಗೂ ಎಂ.ಇ.ಎ7. ರ-ೆ3ಯ+,ರುವ -ಾಗ8 9ಾ7 ಪ:; 4ೋ<ೆ=ನ+, ?,ೕ@ಂA ೆಲಸ ಾB ೊಂBರು2ೆ3ೕ$ೆ. ನಮC ಯಜ ಾನರು Eಾ ಹ 3ರದ ರಂಗ$ಾಥಪ:ರ ಾ ಮದ+, ವHವ-ಾಯ ಾB ೊಂBರು2ಾ3Eೆ. ನನ ೆ ಒಟು 3 4ೆಣುL, ಒಂದು ಗಂಡು ಮಕ'Nರು2ಾ3Eೆ. 1) ಪ:ಷOಲ2ಾ 29 ವಷ

ಈ ೆ ೆ ಮದು0ೆPಾ1ದುQ Rಾವಗಡದ ಬN ಇರುವ °AಗದಹNSಯ+, ಸಂ-ಾರ ಾB ೊಂBರು2ಾ3Eೆ 2) $ಾಗEಾಜ 27 ವಷ , ಇವT ೆ ಮದು0ೆPಾ1ದುQ ನಮC Uೊ2ೆ ಇರು2ಾ3Eೆ. 3) ಶ ಕWಾ 25 ವಷ , ಇವT ೆ ಮದು0ೆPಾ1 Xೈಲ4ೊಂಗಲ 2ಾಲೂ,?ನ, ೆಂಗನೂರುನ+, ಸಂ-ಾರ ಾB ೊಂBರು2ಾ3Eೆ

4) ಉ ಾ ೇ , 24 ವಷ (ಮೃತಳ[) ಈೆ ೆ ಮಂಜು$ಾ\ ಎಂಬುವವEೊಂ/ ೆ ಮದು0ೆPಾ1ದುQ Xೋ] ^= ಬN ಇರುವ _ಕ'ಸಂದ ಬNಯ+, ಸಂ-ಾರ ಾB ೊಂBರು2ಾ3Eೆ.

ನನ ಮೂರ$ೇ ಮಗ ಾದ ಉ ಾ ೇ ` ಈ ೆಯನು ಈ ೆ! ಸು ಾರು 5 ವಷ ಗಳ aಂ ೆ °AಗದಹNS 0ಾb ಮಂಜು$ಾ\ ಎಂಬುವವ@ ೆ ೊಟು ೊರವನಹNSಯ ಲcdೕ ೇ ೇವ-ಾeನದ+, ಮದು0ೆ ಾB ೊ ೆQವ:. ಈ ೆ ೆ ಸು ಾರು 3 ವಷ ದ fೇತ] ಎಂಬ ಗಂಡು ಮಗು ಇರು2ೆ3. ಮದು0ೆPಾದ 3 ವಷ C£ÉÆåãÀåªÁV ಸಂ-ಾರ ಾB ೊಂBದQರು. ನನ ಅNಯ ಮಂಜು$ಾ\ ೇಬ= £ÉmïªÀPïð ೆಲಸ ಾB ೊಂBದQ. ನನ ಮಗಳ[ ಉ ಾ ೇ UÁªÉÄðAmïìªÉÇAzÀgÀ°è ೆಲಸ ªÀiÁrPÉÆArzÀݼÀÄ.

ನನ ಅNಯ ಮಂಜು$ಾ\ ಈ ೆ! 3 ವಷ ಗNಂ/ೕfೆ ೆ ಸTPಾ1 ೆಲಸ ೆ' 4ೋಗ ೆ ಪ /ನ ಕುBದು ಬಂದು ನನ ಮಗN ೆ 4ೊhೆದು aಂ-ೆ ೊಡು 3ದ.Q ನನ ಮಗಳನು ಸTPಾ1 $ೋB ೊಳ[S 3ರ+ಲ,. ಈ ಷಯವನು D ಾ ೆ! ನಮC ಮ$ೆ ೆ ಬಂ ಾಗ 4ಾಗೂ $ಾನು ಅವರ ಮ$ೆ ೆ 4ೋ ಾಗ ಷಯ Nಸು 3ದQಳ[ 4ಾಗೂ ನನ ಮಗಳ[ ಗಂಡ@ಂದ hೈವ7 ೊBಸು ಅವ$ೊಂ/ ೆ ಸಂ-ಾರ ಾಡುವ:ದ ೆ' ಆಗುವ:/ಲ, ಎಂದು 4ೇಳ[ 3ದQಳ[. ನನ ಅNಯನು ಸಹ @ಮC ಮಗN ೆ hೈವ7 ೊಟು XೇEೆ ಮದು0ೆPಾಗು 3ೕ@ ಎಂದು 4ೇಳ[ 3ದ.Q ಆಗ $ಾನು ಆ Tೕ ಾಡXೇಡಮC ಗಂಡ `<ೊ ೕಳ[ ಅಂತ ಊEೊEೆWಾ, ಕEೆಯು2ಾ3Eೆ ಏ$ೇ ಕಷ ಬಂದರು ಅವನ Uೊ2ೆಯWೆ, ಸಂ-ಾರ ಾB ೊಂBರು ಎಂದು ಬು/Q 4ೇಳ[ 3 ೆQ.

/$ಾಂಕ 01/04/2012 ರಂದು ಸಂUೆ ಸು ಾರು 05.00 ಗಂ<ೆಯ ಸಮಯದ+, ನನ ªÀÄUÀ¼ÀÄ ಉ ಾ ೇ $ಾನು ೆಲಸ ಾಡುವ 4ೋ<ೆ= ಬN ಬಂ/ದQಳ[. Uೊ2ೆಯ+, ನನ lದಲ$ೆ ಮUÀ¼ÀÄ ಪ:ಷOಲ2ಾ ಸಹ ಬಂ/ದQಳ[. ಈ ಸಮಯದ+, ನನ ಮಗಳ[ ಉ ಾ ೇ ತನ ಗಂಡ

- 10 -

ªÀÄAdÄ£Áxï ೊಡು 3ದQ aಂ-ೆಯ ಬ ೆ! Nbದಳ[ 4ಾಗೂ ಮ$ೆಯ+,ದQ ಸಣLಪ:ಟ _ನ ಮತು3 XೆNSಯ ವಡ0ೆಗಳ[ 1ರ ಅಂಗBಯ+, 1ರ ಇಟು ಕುBಯಲು ಉಪ.ೕ1b ೊಂB ಾQ$ೆ. ಗಂಡ@ಂದ hೈವ7 ೊB¸ÀÄ ಎಂದು ಅಳ[2ಾ3 4ೇNದಳ[. ಆಗ $ಾನು ೊಡmವರ$ೆWಾ, -ೇTb ಪಂfಾn ಾಡು 3ೕ@ DvÀÄgÀ ಪಡXೇಡ ಎಂದು ಬು/Q 4ೇN ಕಳ[ab ೊ<ೆ .

$ೆ$ೆ /ನ /$ಾಂಕ 02/04/2012 ರಂದು Eಾ ಸು ಾರು 10.30 ಗಂ<ೆಯ ಸಮಯದ+, $ಾನು ೆಲಸ ಮು1b ೊಂಡು ಮ$ೆ ೆ ಬಂ ೆ. ಮ$ೆಯ+, ನನ aT ಮಗಳ[ ಪ:ಷOಲ2ಾ ಇದQಳ[. ಇ ೇ ಸಮಯದ+, ನನ ಮಗಳ lXೈ= ೆ ನನ ಅNಯ ^7 ಾ= ೊ ರುವ: ಾ1 ನನ ಮಗಳ[ Nbದಳ[. ಕೂಡWೆ ನನ ಮಗಳ[ ಪ:ಷOಲ2ಾ ಸಹ ನನ ಅNಯ ಮಂಜು$ಾ\ ನ lXೈ= ೆ oೕ] ಾBದಳ[. ಆಗ PಾEೋ XೇEೆಯವರು oೕ] 2ೆ ೆದು ೊಂಡು ಉ ಾ ೇ ಯನು ಅಸO2ೆ ೆ 4ಾ? ಾQEೆಂದು NbದುQ ಈ ಷಯವನು ನನ ಮಗಳ[ ನನ ೆ Nbದಳ[. ನನ ೆ Kನೂ 2ೋಚದಂ2ಾ1 ನನ ಮ$ೆಯ+,ದQ aTಯ ಮಗಳ[ ಪ:ಷOಲ2ಾ 4ಾಗೂ ಮಗ $ಾಗEಾಜು, -ೊ-ೆ /ೕq ಾ ಇವರನು ಅಸO2ೆ ೆ 4ೋ1 $ೋB ೊಂಡು ಬರುವಂ2ೆ ಕಳ[ab ೊ<ೆ . ನಂತರ $ಾನು ಅ+,rೕ ಇದQ ನನ ತಮC ರೂRಾs, ತಮCನ 4ೆಂಡ $ಾಗರತ ಮC, ನನ ತಂ1 ಉ ಾ 4ಾಗೂ ಇತEೆ ಸಂಬಂ/ಕರನು Uೊ2ೆಯ+, ಕEೆದು ೊಂಡು ಸಪ31T ಅಸO2ೆ ೆ 4ೋ ೆ. ಅ+, ಅಸO2ೆ ಯ 4ೊರtಾಗದ+,

-ೆ ಚ8 %ೕWೆ ನನ ಮಗಳನು ಮಲ1ದQರು. ನನ ಮಗಳ[ ಸತು3 4ೋ1ರುವ: ಾ1 Nnತು.

ನನ ಮಗಳ -ಾ ನ ಬ ೆ! ನನ ಅNಯ ಮಂಜು$ಾ\ ನ %ೕWೆ ಅನು ಾನ ರು2ೆ3. ಅದQTಂದ ನನ ಮಗಳ -ಾ ನ ಬ ೆ! @ಜ0ಾದ ಾರಣ NಯXೇ ೆಂದು ತಮC+, ಈ ಮೂಲಕ ೇN ೊಳ[S2ೆ3ೕ$ೆ."

13. On the basis of the complaint, the Sub-Inspector of

Police, Soladevanahalli Police Station, registered a case on 3rd

April 2012 in UDR No.11 of 2012, under section 174(c) of CRPC

and produced copy of UDR as Exhibit P9. Complaint-Exhibit P1

- 11 -

was filed on 3rd April 2012 at 10:30 am. On the same day,

PW1-Gangamma lodged another complaint-Exhibit P2 in which

it is stated as under:

"$ಾನು %ೕWೆ Nbದ ಾಸದ+, ಮಗ -ೊ-ೆ.ಂ/ ೆ 0ಾಸ0ಾ1ರು2ೆ3ೕ$ೆ 4ಾಗೂ MES ರ-ೆ3ಯ+,ರುವ -ಾಗ8 4ೋ<ೆ=ನ+, ?,ೕ@ಂA ೆಲಸ ಾB ೊಂBರು2ೆ3ೕ$ೆ. ನನ ಯಜ ಾನರು Eಾ ಹ 3ರದ ರಂಗ$ಾಥಪ:ರ ಾ ಮದ+, ವHವ-ಾಯ ಾB ೊಂBರು2ಾ3Eೆ. ನನ ೆ ಒಟು 3 4ೆಣುL 1 ಗಂಡು ಮಕ'Nರು2ಾ3Eೆ. 1) ಪ:ಷOಲ2ಾ, 29 ವಷ ಈೆ ೆ ಮದು0ೆPಾ1ರು2ೆ3. 2) $ಾಗEಾಜ 27 ವಷ , ಇವ@ ೆ ಮದು0ೆ ಆ1ದುQ, ನಮC Uೊ2ೆ ಇರು2ಾ3$ೆ. 3) ಶ ಕWಾ 25 ವಷ , ಇವT ೆ ಮದು0ೆPಾ1 Xೈಲ4ೊಂಗಲ 2ಾಲೂ,?ನ ೆಂಗನೂTನ+,ರು2ಾ3Eೆ. 4) ಉ ಾ ೇ .` 24 ವಷ (ಮೃತಳ[) ಈ ೆ ೆ ಮಂಜು$ಾಥ ಎಂಬುವEೊಂ/ ೆ ಮದು0ೆPಾ1ದುQ _ಕ'ಸಂದ ದ+,ದQಳ[.

ನನ ಮೂರ$ೇ ಮಗಳ[ ಉ ಾ ೇ ` ಈ ೆಯನು ಈ ೆ! ಸು ಾರು 5 ವಷ ಗಳ aಂ ೆ +ಂಗದಹNS 0ಾb ಮಂಜು$ಾ\ ಎಂಬುವ@ ೆ ೊಟು ೊರವನಹNSಯ ಲcdೕ ೇ ೇವ-ಾeನದ+, ಸಂಪ ಾಯದಂ2ೆ ಮದು0ೆ ಾB ೊ ೆQವ:. ಈ ೆ ೆ ಸು ಾರು 3 ವಷ ದ fೇತ] ಎಂಬ ಗಂಡು ಮಗು ಇರು2ೆ3. ಮದು0ೆPಾದ 3 ವಷ ಅ$ೊ ೕನH0ಾ1 ಸಂ-ಾರ ಾB ೊಂBದQರು. ನನ ಅNಯ ಮಂಜು$ಾ\ ೇಬ= £ÉmïªÀPïð ೆಲಸ ಾB ೊಂBದQ. ನನ ಮಗಳ[ ಉ ಾ ೇ ಾ%ಂ xyzಂದರ+, ೆಲಸ ಾB ೊಂBದQಳ[. ನನ ಅNಯ ಮಂಜು$ಾಥ ಈ ೆ! 3 ವಷ ಗNಂ/ೕfೆ ೆ ಸTPಾ1 ೆಲಸ ೆ' 4ೋಗ ೆ ಪ /ನ ಕುBದು ಬಂದು ನನ ಮಗN ೆ 4ೊhೆದು aಂ-ೆ ೊಡು 3ದQ. ನನ ಮಗಳನು ಸTPಾ1 $ೋB ೊಳ[S 3ರ+ಲ,. ಈ ಷಯವನು ಆ ಾ ೆ! ನಮC ಮ$ೆ ೆ ಬಂ ಾಗ 4ಾಗೂ $ಾನು ಅವರ ಮ$ೆ ೆ 4ೋ ಾಗ Nಸು 3ದQಳ[ 4ಾಗೂ ನನ ಮಗಳ[ ಗಂಡ@ಂದ hೈವ7 ೊBಸು ಅವ$ೊಂ/ ೆ ಸಂ-ಾರ ಾಡುವ:ದ ೆ' ಆಗುವ:/ಲ, ಎಂದು 4ೇಳ[ 3ದQಳ[. ಆಗ $ಾನು ಈ Tೕ ಾಡXೇಡಮC ಗಂಡ `<ೊ ೕಳ[ ಅಂತ ಊEೋEೆWಾ, ಕTೕ2ಾEೆ. ಏ$ೇ ಕಷ ಬಂದರು ಅವನ Uೊ2ೆಯWೆ, ಸಂ-ಾರ ಾB ೊಂBರು ಎಂದು ಬು/Q 4ೇಳ[ 3 ೆQ.

- 12 -

/$ಾಂಕ 01.04.2012 ರಂದು ಸಂUೆ ಸು ಾರು 05.00 ಗಂ<ೆಯ ಸಮಯದ+, ನನ ಮಗಳ[ $ಾನು ೆಲಸ ಾಡುವ 4ೋ<ೆ= ಬN ಬಂದು ತನ ಗಂಡ ೊಡು 3ದQ aಂ-ೆ ಬ ೆ! 4ಾಗೂ ಮ$ೆಯ+,ದQ ಸಣL-ಪ:ಟ _ನ ಮತು3 XೆNSಯ ವಡ0ೆಗಳನು 1ರ ಇಟು ಕುBಯಲು ಉಪ.ೕ1b ೊಂB ಾQ$ೆ ಎಂದಳ[. ಆಗ $ಾನು ೊಡmವರ$ೆ Wಾ, -ೇTb ಪಂfಾn ಾಡು 3ೕ@ ಆತುರ ಪಡXೇಡ ಎಂದು ಬು/Q 4ೇN ೆ.

$ೆ$ೆ /ನ /: 02.04.2012 ರಂದು Eಾ ಸು ಾರು 10.30 ಗಂ<ೆಯ ಸಮಯದ+, $ಾನು ೆಲಸ ಮು1b ಮ$ೆ ೆ ಬಂ/ ೆQ. ಆಗ ನನ ಅNಯ ಮಂಜು$ಾಥ ನನ ಮ$ೆಯ+,ದQ ನನ aTಯ ಮಗಳ[ ಪ:ಷOಲ2ಾಳ lXೈ= ೆ ^7 ಾ= ೊಟ . ಕೂಡWೇ ನನ ಮಗಳ[ ಪ:ಷOಲ2ಾ aಂ ರು1 ನನ ಅNಯ ಮಂಜು$ಾಥನ lXೈ= ೆ ಕEೆ ಾBದಳ[. ಆಗ PಾEೋ XೇEೆಯವರು oೕ] 2ೆ ೆದು ೊಂಡು ಉ ಾ ೇ ಯನು ಆಸO2ೆ ೆ 4ಾ? ಾQEೆಂದು NbದುQ ಈ ಷಯವನು ನನ ಮಗಳ[ ನನ ೆ Nbದಳ[. ನನ ೆ ಏ$ೋ 2ೋ_ದಂ2ಾ1 ನನ ಮ$ೆಯ+,ದQ aTಯ ಮಗಳ[ ಪ:ಷOಲ2ಾ 4ಾಗೂ ಮಗ $ಾಗEಾಜು, -ೊ-ೆ /ೕq ಾ ರವEೊಂ/ ೆ ಆಸO2ೆ ೆ 4ೋ1 $ೋB ೊಂಡು ಬರುವಂ2ೆ ಕಳ[ab ೊ<ೆ . ನಂತರ $ಾನು ನನ ತಮC ರೂRಾs, ತಮCನ 4ೆಂಡ $ಾಗರತ ಮC, ನನ ತಂ1 ಉ ಾ 4ಾಗೂ ಇತರEೊಂ/ ೆ ಸಪ31T ಆಸO2ೆ ೆ 4ೋ ೆ. ಅ+, ಆಸO2ೆ ಯ 4ೊರtಾಗದ+, ¸ÀÖPÀÑgï %ೕWೆ ನನ ಮಗಳನು ಮಲ1bದQರು. ನನ ಮಗಳ[ ಉ ಾ ೇ ಸತು3 4ೋ1ರುವ: ಾ1 Nnತು. C¯Éè EzÀÝ ನನ ಅNಯ ಮಂಜು$ಾಥನನು fಾರ ಾಡWಾ1 ಮಗುವನು ಆಸO2ೆ ೆ ಕEೆದು ೊಂಡು 4ೋಗುವ ಷಯದ+, ಉ ಾ ೇ ಗು, ನನಗೂ ಾ ನ+, ಜಗಳ0ಾnತು. $ಾನು ಮಗುವನು ಹು{ಾTಲ,ದ ಾರಣ ಆಸO2ೆ ೆ 2ೋTಸಲು ೆಳಗhೆ ಮ$ೆಯ+, ಹಣವನು ಪhೆದು ಬರಲು 4ೋ1 ಬರುವಷ ರ+, ಉ ಾ ೇ ಮ$ೆಯ bೕ+ಂA 9ಾH@ ೆ 0ೇ=@ಂದ $ೇಣು 4ಾ? ೊಂಡು $ೇ2ಾಡು 3ದQಳ[. ಕೂಡWೇ £Á£ÀÄ |ೕವ ರಬಹು ೆಂದು $ೇ}@ಂದ ಇNb ಆ<ೋದ+, ಸಪ31T ಆಸO2ೆ ೆ ಕEೆದು ೊಂಡು ಬಂ ೆ. 0ೈದHರು ಪTೕcb ಮೃತ4ೊಂ/ರುವ: ಾ1 Nbದರು ಎಂದು Nbದನು.

ನನ ಅNಯ ಮಂಜು$ಾಥ ಪ @ತH ಕುBದು ಬಂದು ನನ ಮಗಳನು 4ೊhೆಯುವ:ದು, _ತ aಂ-ೆ ¤ÃqÀĪÀÅzÀÄ ಮತು3 hೈವ7 2ೆ ೆ/ ೋ ಎಂದು

- 13 -

4ೇಳ[ವ:ದು ಾಡು 3ದ.Q ನನ ಮಗಳ[ ಉ ಾ ೇ ಈ Tೕ ಾB ೊಂಡು

-ಾಯಲು ನನ ಅNಯ ಮಂಜು$ಾಥ$ೇ ಾರಣ. ಆತನ %ೕWೆ ಾನೂನು ಕ ಮ ಜರು1ಸXೇ ೆಂದು ೇN ೊಳ[S2ೆ3ೕ$ೆ."

14. On the basis of the complaint, Police registered case in

Crime No.55 of 12 under section 306 of Indian Penal Code and

submitted First Information Report to the Court on 4th April

2012 at 1.00 pm as per Exhibit P10. Before submitting the first

information report to the court, the Police have conducted

panchanama as per Exhibit P3 in the presence of panchas.

Police have also conducted inquest panchanama as per Exhibit

P4 in UDR No.11 of 2012 on 3rd April 2012. After investigation,

the investigating officer submitted charge-sheet against the

accused for the commission of offence punishable under

sections 498A and 306 of Indian Penal Code.

15. Before appreciation of evidence on record, it is necessary

to mention here as to the essential ingredients to prove the

offence under sections 498, 306 and 107 of Indian Penal Code.

To prove offence punishable under Section 498A IPC,

prosecution has to prove the essential ingredients which are as

under:

"An offence under Section 498A has following essential ingredients:

- 14 -

(a) that the victim was a married lady (she may also be a widow);

(b) that she has been subjected to cruelty by her husband or the relative of her husband;

(c) that such cruelty consisted of either (1) harassment of the woman with a view to coerce meeting a demand for dowry, or (2) a willful conduct by the husband or the relative of her husband of such a nature as is likely to lead the lady to commit suicide or to cause grave injury to her life, limb or health;

(d) that such injury aforesaid may be physical or mental. When the husband or the relative of a husband of a woman subjects such woman to cruelty, he or they shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine."

16. To prove offence punishable under Section 306 IPC,

prosecution has to prove the essential ingredients, which are as

under:

(a) Essential Ingredients.--

An offence under Section 306 has following essential ingredients:

      i)     That any person committed suicide;
      ii)    That   such     a    commission         of    suicide   by   the
             consequence of an abetment;

iii) That the abetment was made by the accused."

- 15 -

17. To prove offence punishable under Section 107 IPC, the

essential ingredients are:

i) instigating a person to commit an offence; or

ii) engaging in a conspiracy to commit it; or

iii) intentionally aiding a person to commit it."

18. In the case on hand, complainant-PW1 has deposed in

her evidence as to the contents of exhibit P1 and P2.

19. PW2-Nagaraja, the elder brother and Pushpalata, elder

sister of the deceased-Umadevi have deposed in their evidence

that after three years from the date of marriage, the accused

started ill-treating their younger sister, and the accused started

consuming alcohol and pestered her to give divorce as he

intended to marry another girl. He was also demanding money

for consuming alcohol. Further, they have deposed as to the

death of the deceased.

20. PW4-Virupakshappa has deposed in his evidence that he

has put his signature on inquest Panchanama Exhibit P4. But

this witness has not supported the case of the prosecution and

he was treated as hostile witness with the permission of the

Court.

- 16 -

21. PW5-Nagarathnamma, who is the elder sister of the

husband of PW1, has not supported the case of the

prosecution.

22. PW6-Deepika, the daughter-in-law of PW1, has deposed

in her evidence as to the ill-treatment given by the accused to

the deceased.

23. PW7-Pavithra Manjunath and PW8-Rajamma, have

deposed in their evidence that they know deceased-Umadevi

and the accused. They were residing on the first floor of their

building. Umadevi used to go to Garments factory for the past

one year and the accused used to work in Cigarette and

Chocolate factory and the accused and his wife were in cordial

terms. They have deposed that they do not know about the

cause of death of the deceased. These witnesses were treated

as hostile witnesses.

24. PW9-Dr. S.Praveen has deposed about conducting of

post-mortem of the body of deceased and also issuance of PM

report as per Exhibit P8.

25. PW10-Rangadhamegowda has deposed in his evidence

that on 20th April 2012, as per the order of Inspector of Police,

he went to M.S. Ramaiah Hospital and took the clothes of the

- 17 -

deceased and collected Post-mortem report from the hospital

and handed over the same to the Special Tahsildar, Bangalore

North Taluk. Thereafter, he has produced the same before the

Sub-Inspector of Police, Soladevanahalli Police Station.

26. PW11-Chandrashekar is the attester to inquest

panchanama Exhibit P4. He has not supported the case of the

prosecution.

27. PW12-Shivappa H. Lamani, has deposed as to the

investigation conducted by him as per exhibit P4. He has not

deposed anything against this accused.

28. PW14-L.Krishnappa, Police Sub-Inspector has deposed as

to the investigation conducted by him.

29. A careful examination of the entire evidence on record

makes it crystal clear that, at the first instance, PW1 has not

lodged complaint against the accused. In the complaint-exhibit

P1, it is stated that only she had suspected her son-in-law-

Manjunath as to the death of her daughter. Even the

concerned Police have not registered the case against the

accused on the basis of complaint-Exhibit P1. On the basis of

the complaint-Exhibit P1, police have registered case in UDR

No.11 of 2012. Even The panchanama Exhibit P4 reveals that

- 18 -

the special Tahasildar has conducted the inquest panchanama

as per Exhibit P4 in UDR No.11 of 2012.

30. PW1-Gangamma, who is the mother of the deceased, has

deposed in her evidence that the accused used to assault her

daughter and has also sold the gold ornaments of her daughter

for his bad vices and the accused used to say that he will give

divorce to her daughter, and in this regard, the elders had

advised the accused, but he did not heed to the advice of the

elders and continued to ill-treat her daughter. If really, the

accused had ill-treated the deceased mentally and physically

prior to this alleged incident, the deceased or her parents would

have lodged complaint to the police. If the panchayat was held

to advise accused, the investigating officer ought to have

examine who have advised the deceased. The investigating

officer has not examined any of the villagers who are said to

have advised the deceased. If really, the accused used to

assault the deceased and ill-treat her as alleged in complaint-

Exhibit P2, in examination-in-chief PW1, being the mother of

the deceased, who has got much knowledge and acquaintance

about the conduct of the accused prior to the alleged incident,

would have filed complaint against this accused at the first

instance while she lodged the complaint-Exhibit P1. But at the

- 19 -

time of filing complaint-Exhibit P1, the complainant has not

whispered anything as to the alleged mental or physical ill-

treatment said to have been meted-out by the accused. Only

as an afterthought, she has lodged another complaint after

registration of the case as UDR and after conducting inquest

panchanama, stating that the accused has ill-treated the

deceased mentally and physically. PW1 has not explained

anything as to why she has not lodged complaint at the first

instance. This conduct of PW1 will create a reasonable doubt

as to the alleged act of the accused. The material witnesses

have not supported the case of the prosecution. PW6-Deepika

is an interested witness. The other material witnesses PW4-

Virupakshappa, who is the relative of deceased Umadevi, PW5-

Nagarathnamma is also close relative of the deceased; PW7-

Pavithra Manjunath and PW8-Rajamma, who are all

independent witnesses, have not supported the case of the

prosecution.

31. Viewed from any angle, I do not find any cogent,

convincing, clinching, or trustworthy evidence before this court

to prove the essential ingredients of offence under Sections

498A and 306 of Indian Penal Code. The trial court has

properly appreciated evidence on record in its proper

- 20 -

perspective. Accordingly, the trial court is justified in passing

the impugned judgement of acquittal. Considering the facts

and circumstances of the case and keeping in mind the

decisions of the Hon'ble Supreme Court as to the scope of the

Appellate Court in acquittal cases, I answer the point that arose

for consideration in the affirmative.

Regarding Point No.2:

32. For the foregoing reasons and discussion, I proceed to

pass the following:

ORDER

i) Appeal is dismissed;

ii) Registry is directed to pay an amount of

Rs.5,000/- to Smt. Anuradha S.K., learned

counsel for the respondent/accused.

Sd/-

(G BASAVARAJA) JUDGE

lnn,DHA

 
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