IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO. 708 OF 2018 (A)

BETWEEN:

STATE OF KARNATAKA BY GANGAMMANAGUDI POLICE STATION, BENGALURU.

REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-01.

…APPELLANT (BY SRI. RAHUL RAI K., HCGP (P/H))

AND: Digitally signed by LAKSHMI T 1. MR. ASHOK KUMAR @ ASHOKA Location:

S/O GOPAL, High Court of Karnataka AGED ABOUT 30 YEARS, R/AT NO.9, BEHIND GOVERNMENT SCHOOL, THAMMENAHALLI CROSS, THOTADA GUDDADAHALLI, BENGALURU-560 088. 2. SMT. KANTHAMMA W/O C. GOPAL, AGED ABOUT 56 YEARS, R/AT NO.9, BEHIND GOVERNMENT SCHOOL, THAMMENAHALLI CROSS, THOTADA GUDDADAHALLI, BENGALURU-560 088.

3. KUM. VIJAYALAKSHMI D/O C. GOPAL, AGED ABOUT 24 YEARS, R/AT NO.9, BEHIND GOVERNMENT SCHOOL, THAMMENAHALLI CROSS, THOTADA GUDDADAHALLI, BENGALURU-560 088.

…RESPONDENTS (BY SRI. ARAVIND M. NEGLUR, ADVOCATE FOR R3 (P/H);

V/O. DATED 06.03.2026, APPEAL AGAINST R1 IS DISMISSED;

V/O. DATED 11.03.2026, APPEAL AGAINST R2 STANDS ABATED)

THIS CRL.A. IS FILED U/S.378(1)(3) CR.P.C., PRAYING TO: (A) GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER DATED 28.10.2017 PASSED BY THE LEARNED XLV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-46) IN S.C.NO.664/2011 C/W S.C.NO.644/2012 ACQUITTING THE ACCUSED - RESPONDENTS FOR THE OFFENCES PUNISHABLE UNDER SECTION 498-A, 304-B, 302 R/W SECTION 34 OF IPC AND SECTIONS 3, 4 AND 6 OF DOWRY PROHIBITION ACT; (B) SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 28.10.2017 PASSED BY THE LEARNED XLV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-46) IN S.C.NO.664/2011 C/W S.C.NO.644/2012, BY ALLOWING THIS CRIMINAL APPEAL; AND (C) CONVICT AND SENTENCE THE RESPONDENTS - ACCUSED NOS.1 TO 3 FOR THE OFFENCE WITH WHICH THEY HAD BEEN CHARGED UNDER SECTION 498-A, 304-B, 302 R/W SECTION 34 OF IPC AND SECTIONS 3, 4 AND 6 OF DOWRY PROHIBITION ACT, 1961 IN ACCORDANCE WITH LAW.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

The State has filed this appeal under Section 378(1)

and (3) of Cr.P.C. against the common judgment and order of acquittal dated 28.10.2017 in SC No.664/2011 C/w SC No.644/2012 on the file of the XLV Additional City Civil and Sessions Judge, Bengaluru City (CCH-46), acquitting accused Nos.1 to 3 for the offences punishable under Section 498A, 304-B and 302 r/w Section 34 of IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961 (for short 'DP Act').

2. Heard the learned High Court Government Pleader for the appellant/State and the learned counsel Sri Arvind M.Neglur, for respondent No.3/accused No.3 and perused the material on record.

3. The case of the prosecution is that the victim Sunitha married accused No.1-Ashok Kumar on 6.12.2007 at Gangadhareshwara Kalyana Mantapa, Kereguddadahalli. Accused No.2-Smt.Kanthamma is the mother-in-law and accused No.3-Kum.Vijayalaxmi is the sister-in-law of the victim. After the marriage, the victim was residing with the accused persons in the matrimonial home at No.9, behind school, Thammenahalli Cross, Thotada Guddadahalli, Bengaluru. At the time of marriage, accused No.1 along with accused Nos.2 and 3 received an amount of Rs.50,000/- in cash, one gold chain, one long chain, bracelet and 12 sovereign of gold ornaments and one motorcycle valued at Rs.50,000/- as dowry. After the marriage, the relationship of accused persons with the victim was cordial for a period of four months and thereafter they started harassing her to bring more money and also to get the property of her mother transferred in their name as dowry. She communicated the same to her mother-PW1 over phone frequently. Thus, panchayat was convened and both accused No.1 and the victim were advised to lead their marital life in