IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH 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.2199/2018 BETWEEN:

MAHADEVA S/O MARA A, AGED ABOUT 29 YEARS, NO.35, 5^TH CROSS, NEAR BASAVANAGUDI CIRCLE, HEBBAL COLONY, MYSURU CITY-570016, PERMANENT ADDRESS AT NO.5, 2^ND CROSS, NEAR BASAVANAGUDI CIRCLE, HEBBAL COLONY, MYSURU CITY-570016. … APPELLANT (BY SRI. PRASAD B.S., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY METAGALLI POLICE STATION, MYSURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560001. … RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)

OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 11.04.2018 AND 13.04.2018 PASSED BY THE IV ADDITIONAL SESSIONS JUDGE, MYSURU, IN S.C.NO.185/2015 - CONVICTING THE APPELLANT/ACCUSED NO.1 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A AND 302 OF IPC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 05.02.2026 THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE VENKATESH NAIK T

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE H.P.SANDESH)

This appeal is filed challenging the judgment and order of conviction and sentence dated 11.04.2018 and 13.04.2018 passed by the IV Additional Sessions Judge, Mysuru, in S.C.NO.185/2015 convicting the appellant/accused No.1 for the offences punishable under Sections 498A and 302 of IPC.

2. Heard the learned counsel appearing for the respective parties.

3. The factual matrix of case of the prosecution is that marriage of the deceased was performed with the appellant/accused No.1 about 4 years before the incident. After the marriage, they lived together and led happy married life for 3 months. The charges levelled against accused No.2 is that she was instigating her son i.e., accused No.1/appellant to harass his wife physically and mentally. Accordingly, accused No.1 also harassed the deceased both physically and mentally by suspecting her fidelity. On 11.01.2015 at about 04.00 p.m. when deceased Anitha was alone in the house, the appellant picked up quarrel with deceased stating that if she dies, his mother would perform second marriage to him and he poured kerosene on the deceased and lit the fire. When deceased screamed loudly, PW1 and PW2 came to the spot and extinguished the fire. Thereafter, the injured was taken to hospital and ultimately, she succumbed to the injuries on 17.01.2015 at about 04.20 a.m. in the hospital.

4. Based on the statement made by the deceased in the hospital as dying declaration under Section 161 of Cr.P.C., the police have registered the case and law is set in motion. The second dying declaration also recorded by the Taluk Magistrate and also recorded the statement of witnesses and collected the materials and filed the charge sheet. Accused Nos.1 and 2 were secured and they did not plead guilty and claim for trial. Hence, the prosecution examined 16 witnesses as PW1 to 16 and got marked the documents at Ex.P1 to P18 and seized MO1 to MO3. On closure of the prosecution evidence, accused Nos.1 and 2 were subjected to 313 statement and they did not choose to lead any defence evidence, but they denied the incriminating circumstances.

5. The Trial Court having considered both oral and documentary evidence placed on record convicted accused No.1 and acquitted accused No.2 and sentenced accused No.1 for life imprisonment and ordered to pay an amount of Rs.5,000/- as fine for the offence punishable under Section 302 IPC and in default of payment of fine, ordered to undergo simple imprisonment for 6 months and accused No.1 is also convicted for the offence punishable under Section 498A of IPC and sentenced to undergo imprisonment for 3 years along with fine of Rs.3,000/- and in default of payment of fine, shall undergo further simple imprisonment for 3 months.

6. Being aggrieved by the judgment