IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF MARCH, 2021

PRESENT

THE HON'BLE MR. JUSTICE B. VEERAPPA

AND

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

CRIMINAL APPEAL No.990/2014

BETWEEN:

SRI SHANKAR NARAYANA BHAT,

S/O GOVINDA BHAT,

AGED ABOUT 73 YEARS,

R/AT UMILAYA HOUSE,

KUKKADI VILLAGE AND POST,

VENOORU VIA BELTHANGADI TALUK,

DAKSHINA KANNADA DISTRICT-574214.

...APPELLANT

(BY SRI AMAR CORREA, ADVOCATE)

AND:

1 .

SRI VENKATARAMANA BHAT

S/O SHANKAR BHAT,

AGED ABOUT 26 YEARS,

RESIDING AT NO.23,

THIMMA REDDY BUILDING,

CHANNASANDRA, KADUGODI,

BENGALURU-560067.

2 .

SRI SOUMYA SAVITHRI

W/O LATE GOVINDA BHAT,

2

AGED ABOUT 23 YEARS,

R/AT SAGAR ARCADE

BUILDING, NITTE, KARKALA,

UDUPI DISTRICT,

3 .

STATE OF KARNATAKA

BY WHITEFIELD POLICE STATION,

REPRESENTED BY THE

STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BANGALORE-560066.

…RESPONDENTS

(BY SRI S. SHANKARAPPA, ADVOCATE FOR R1;

SRI RAKSHITH, ADVOCATE FOR R2;

SRI S. RACHAIAH, HCGP FOR R3)

*****

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372 OF

THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO SET

ASIDE THE JUDGMENT AND ORDER DATED 28.7.2014 PASSED BY

THE PRIONCIPAL SESSIONS JUDGE, BANGALORE RURAL DISTRICT,

BANGALORE IN S.C.NO.135/2011 ACQUITTING THE RESPONDENT

NO.1 AND 2 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS

302 READ WITH 120-B OF IPC AND UNDER SECTION 201 R/W 34

OF IPC AND TO CONVICT THE RESPONDENT NO.1 AND 2 FOR THE

SAID OFFENCES.

THIS

CRIMINAL

APPEAL

HAVING

BEEN

HEARD

AND

RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT OF

JUDGMENT

THIS

DAY,

B.VEERAPPA

J.,

DELIVERED

THE

FOLLOWING:

3

J U D G M E N T

The present Criminal appeal is filed under Section 372 of the

Code of Criminal Procedure by the appellant – PW.6 (father of the

deceased) against the impugned judgment and order of acquittal

dated 28.7.2014 made in S.C. No.135/2011 on the file of the Prl.

Sessions Judge, Bangalore Rural District, Bangalore acquitting the

present Respondent Nos.1 and 2 – Accused No.1 and 2 for the

offences punishable under Section 302 r/w Section 120B and

Section 201 r/w Section 34 of the Indian Penal Code.

I.

FACTS OF THE CASE

2. It is the case of the prosecution that Accused No.1 and the

deceased Govinda Bhat were friends and they were residing

together in a rented house of one Sri Basavaraju, at Basavaraju

Building near KVSR School, Shyamanna Layout, Vinayaka Nagar,

White Field, Bengaluru. The Accused No.2 was wife of the deceased

Govinda Bhat and she was pursuing her studies in Karkala, Udupi

district and she was occasionally visiting her husband at the above

said place. On such time, Accused No.1 and Accused No.2 got

4

acquainted with each other and later developed extra marital

relationship and were also regularly in contact with each other over

phone and SMS. As Accused Nos.1 and 2 thought that Govinda

Bhat was an obstacle to continue and intensify their relationship,

they thought of eliminating him and therefore, conspired with each

other and ultimately accomplished their goal in the intervening

night of 29/30.4.2010. That on 29/30.4.2010 at 2.30 a.m. the

Accused No.1 informed Accused No.2 and PW.6 (wife and father of

the deceased) over phone that the deceased Govinda Bhat slipped

and fell in the bathroom and suffered bleeding injuries. Later with

the help of others, Accused No.1 shifted the deceased in an

ambulance to Vaidehi hospital, where the doctors on examination

declared Govinda Bhat as ‘dead on arrival’. The same was

informed to the father of the deceased (PW.6) as well as to the wife

of the deceased (Accused No.2) at 3.45 a.m. on 29/30.4.2010.

Accordingly, Accused NO.2 came to Bangalore from her place and

seen the dead body of the deceased in the mortuary of the Vaidehi

hospital. Thereafter, the Accused No.2, the wife of the deceased

lodged the complaint as per Ex.P39. In the said complaint, after

narrating