IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST 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.1975/2019 C/W.

CRIMINAL APPEAL NO.1870/2019 IN CRIMINAL APPEAL NO.1975/2019:

BETWEEN:

1 . VENKATESHA @ VENKATGOWDA S/O RANGEGOWDA AGED ABOUT 30 YEARS R/O K.HOSAHALLI VILLAGE, KUNDRU HOBLI, ALURU TALUK HASSAN DISTRICT-573214. … APPELLANT (BY SRI. GIREESHA J.T., ADVOCATE)

AND:

1 . STATE OF KARNATAKA BY ALURU P.S REPRESENTED BY SPP HIGH COUT BUILDING 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 OF CONVICTION AND ORDER OF SENTENCE DATED 22.08.2019 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN IN S.C.NO.80/2015 - CONVICTING THE APPELLANT/ACCUSED NO.1 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 302 AND 304-B OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT.

IN CRIMINAL APPEAL NO.1870/2019:

BETWEEN:

1 . JAYAMMA W/O. RANGEGOWDA AGED ABOUT 63 YEARS R/O. K. HOSAAHALLI VILLAGE KUNDURU HOBLI, ALURU TALUK HASSAN DISTRICT-573214. … APPELLANT (BY SRI. GIREESHA J.T., ADVOCATE)

AND:

1 . STATE OF KARNATAKA BY ALURU P.S., REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU-560 001. … RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)

OF CR.PC PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 22.08.2019, PASSED BY THE 5^TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN IN S.C.NO.80/2015 (WITH CLUBBED S.C.NO.149/2015) CONVICTING THE APPELLANT/ACCUSED NO.2 FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A R/W SECTION 109 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT.

THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 10.02.2026 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)

1. These two appeals are filed by accused No.1 and

2. Accused No.1 in Crl.A.No.1975/2019 has questioned the conviction and sentence for the offence punishable under Section 498-A, 302, 304-B of Indian Penal Code (hereinafter referred to as ‘IPC’) and Section 3 and 4 of the Dowry Prohibition Act (hereinafter referred to as DP Act). The accused No.2 in Crl.A.No.1870/2019 questioned the conviction and sentence for the offence punishable under Section 498-A r/w Section 109 of IPC and Section 3 and 4 of DP Act.

2. The factual matrix of case of prosecution is that accused No.1 is the husband of the deceased Vani @ Puttalakshmi and accused No.2 is the mother of accused No.1. Marriage of accused No.1 with the deceased took place on 13.12.2009 and at the time of marriage, it was agreed to pay Rs.40,000/- cash and 8 tholas of gold to be given and given Rs.40,000/- cash and 6 tholas of gold at the time of marriage. There was a balance of 2 tholas of gold to be given. After marriage, accused No.1 and the deceased lived happily for about 1 year and thereafter, accused No.1 and 2 have started giving ill-treatment and giving her physical and mental torture. On coming to know about this, father of the deceased spoke to accused No.1 and 2 and also panchayaths were held and inspite of it, continued the harassment. The deceased had gone to her parents house and about one week back, she came back to the house of the accused. The accused No.1 and 2 have committed the offences of taking away the life under Section 302 of IPC and other offences and hence, case was registered by recording dying declaration and Police have investigated the matter and filed the charge sheet. The accused persons were secured and they did not plead guilty and claims trial. Hence, prosecution examined P.W.1 to P.W.35 and also got marked Ex.P.1 to Ex.P.56 and MO.1 to MO.19. The trial judge after closure of the evidence of the prosecution, recorded 313 statement of the accused and denied the incriminating evidence