IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF NOVEMBER, 2022

PRESENT

THE HON9BLE MR. JUSTICE K.SOMASHEKAR

AND

THE HON9BLE MR. JUSTICE C.M.JOSHI

CRIMINAL APPEAL NO.1091/2016

BETWEEN:

STATE OF KARNATAKA

BY CHIKKAMAGALURU RURAL

POLICE STATION,

REPRESENTED BY SPP

HIGH COURT OF KARNATAKA

BANGALORE.

...APPELLANT

(BY SRI. ABHIJIT K.S., HCGP)

AND:

1.

PRASHANTH

@ PRASHANTHA RAJ URS

S/O JAVARAJA URS

AGED ABOUT 41 YEARS

DRIVER, R/O MIG-1

HOUSE NO.157, 3^RD STAGE

NEAR REMAND HOME

HOUSING BOARD

CHIKKAMAGALUR.

2.

KAMALAMMA

W/O JAVARAJA URS

AGED ABOUT 62 YEARS

R/O MIG-1, HOUSE NO.157

3^RD STAGE, NEAR REMAND HOME

HOUSING BOARD

CHIKKAMAGALUR.

R

2

3.

JAVARAJA URS

S/O THIRUMALA URS

AGED ABOUT 72 YEARS

R/O MIG-1, HOUSE NO.157

3^RD STAGE, NEAR REMAND HOME

HOUSING BOARD

CHIKKAMAGALUR.

4.

KAVYA

D/O VENKATACHALA URS

AGED ABOUT 22 YEARS

STUDENT

R/AT KARTHIKERE VILLAGE

CHIKKAMAGALUR TALUK.

&RESPONDENTS

(BY SRI. P.P. HEGDE, SENIOR COUNSEL FOR

SRI. VENKATESH SOMAREDDI, ADVOCATE FOR

R1, R2 AND R4;

VIDE ORDER DATED 15.07.2021, APPEAL AGAINST R3 ABATED)

---

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1)

& (3) OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO

GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND

ORDER OF ACQUITTAL DATED 13.01.2016 PASSED BY THE

I-ADDL. S.J., CHIKKAMAGALURU IN S.C.NO.19/2014 THEREBY

ACQUITTING

THE

RESPONDENTS/ACCUSED

FOR

THE

OFFENCE P/U/S 498A, 304B, 306 R/W 34 OF IPC AND SEC. 3, 4

OF D.P. ACT AND ETC.,

THIS CRIMINAL APPEAL COMING ON FOR DICTATING

JUDGMENT THIS DAY, K.SOMASHEKAR J., DELIVERED THE

FOLLOWING:-

3

J U D G M E N T

This appeal is directed against the judgment of

acquittal rendered by the Court of the I Additional Sessions

Judge,

Chikkamagaluru,

in

S.C.No.19/2014

dated

13.01.2016

acquitting

the

accused

of

the

offences

punishable under sections 498-A, 306, 304-B read with

section 34 of IPC, 1860 and under sections 3 and 4 of Dowry

Prohibition Act. Whereas in this appeal, the appellant/State

is seeking intervention of this Court to consider the grounds

urged in the appeal and consequently, set aside the acquittal

judgment rendered by the trial Court and convict the

respondents/accused for the offences alleged against them.

2.

Heard learned HCGP Shri Abhijith.K.S. for the

appellant/State and so also learned Senior Counsel Shri

P.P.Hegde for learned counsel Shri Venkatesh Somareddi

who is on record for respondents / accused Nos.1, 2 and 4.

So far as the case against respondent No.3 / accused No.3 is

abated in pursuance of order dated 15.07.2021 in view of the

death of accused No.3 during the course of this appeal.

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Perused the impugned judgment of acquittal rendered by the

trial Court in S.C.No.19/2014 dated 13.01.2016.

3. The factual matrix of this appeal are as under:-

It has transpired in the case of the prosecution that,

accused No.1 is the husband of Smt.Pushpa @ Pushpalatha.

Her marriage was performed with accused No.1 on

12.02.2009 as per the customs prevailing in their society.

Accused Nos.2 to 4 being the mother, father and sister9s

daughter of accused No.1 respectively, in furtherance of their

common intention, since sometime after the marriage, were

subjecting Smt. Pushpa @ Pushpalatha to cruelty by

harassing her and also ill-treating her physically and

mentally, as it likely to drive her to commit suicide. In

furtherance of their common intention and in the course of

the same transaction, received cash of Rs.35,000/- and gold

ornaments weighing 35 grams in all as dowry from the

parents of the deceased. Despite receiving dowry in terms of

cash and gold items from the parents of the deceased, the

accused

had

extended

physical

as

well

as

mental

harassment, driving the deceased to commit suicide.

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4.

It further reveals that accused Nos.1 to 4, in

furtherance of their common intention and in the course of

the sam