THE HIGH COURT OF KARNATAKA
G BASAVARAJA
RAMESHA – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.A 464/2015
HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 907 OF 2015 (A)
C/W CRIMINAL APPEAL NO. 464 OF 2015 I N CRL.A No. 907/2015 BETWEEN:
THE STATE OF KARNATAKA REPRESENTED BY KORA POLICE 572 128.
…APPELLANT (BY SRI. M. DIWAKAR MADDUR., HCGP)
AND:
RAMESHA S/O CHINIGAIAH, 41 YEARS, FACTORY WORKER, R/O CHIKKA THOTALUKERE VILLAGE, KORA HOBLI, TUMKUR TALUK, 572128.
…RESPONDENT (BY SRI. CHETHAN B.,ADVOCATE)
THIS CRL.A. IS FILED U/S.378(1) AND (3) CR.P.C PRAYING TO a) GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT DATED 25.03.2015 PASSED BY THE II ADDL. DIST. AND S.J., TUMKUR IN S.C.NO.68/2014 INSOFAR AS IT RELATES TO ACQUITTING THE RESPONDENT/ACCUSED OF THE OFFENCE P/U/S 306 OF IPC. AND ETC.
HC-KAR IN CRL.A NO. 464/2015 BETWEEN:
RAMESHA S/O CHINIGAIAH, AGED ABOUT 41 YEARS, /AT CHIKKATHOTALUKERE VILLAGE, KORA HOBLI, TUMKUR TALUK-572 101, TUMKUR DISTRICT.
...APPELLANT (BY SRI. CHETHAN B.,ADVOCATE)
AND:
1. STATE OF KARNATAKA BY KORA POLICE STATION, TUMKUR TALUK-572 101, TUMKUR DISTRICT.
...RESPONDENT (BY SRI. M. DIWAKAR MADDUR., HCGP)
THIS CRL.A. IS FILED U/S 374(2) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:25.3.2015, PASSED BY THE II ADDL. DIST. & SESSIONS JUDGE, TUMKUR, IN S.C.NO.68/2014- CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCES P/U/S 498-A OF IPC AND ETC.
THESE APPEALS, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA HC-KAR
ORAL JUDGMENT
1. Both appeals arise out of the judgment dated 25.03.2015 passed in S.C.No.68/2014 by the II Additional District and Sessions Judge, Tumkur (for short 'the trial Court').
2. The State has preferred Crl.A.No.907/2015 against the order of Acquittal under Section 306 of Indian Penal Code and the appellant/accused has preferred Crl.A.No.464/2015 against the judgment of conviction for the offence under Section 498-A of Indian Penal Code and sentence passed by the trial court to undergo simple imprisonment for a period of one year and to pay fine of Rs.25,000/-.
3. For the sake of convenience, the parties herein are referred to the same rank before the trial Court.
4. Brief facts leading to these appeals are that, the Sub- Inspector of Police, Kora Police Station submitted the charge sheet against the accused for the offence under HC-KAR Sections 498-A and 306 IPC. It is alleged by the prosecution that the accused married Sujatha on 03.06.2013. They were residing together at Chikkathottilu village of Kora Hobli. After two-and-half months of marriage, accused started subjecting Sujatha, both to mental and physical harassment, by assaulting her and abusing her with a view to coerce her and cause danger to her life and with an intention to cause her death, he abetted Sujatha to commit suicide by giving mental and physical harassment. As a result, Sujatha consumed poison on 28.08.2013 and died. Thus the accused has committed the commission of alleged offence.
5. After filing the charge sheet, case was registered in CC.No.5829/2013 and thereafter the case was committed to the Court of Sessions which was registered in SC.No.68/2014. The accused was arrested on 30.08.2013 and released on bail on 30.11.2013.
6. Upon hearing on charges, trial Court has framed charges for the commission of alleged offence. Same was HC-KAR read-over and explained to the accused in the language known to him. Having understood the same, accused pleaded not guilty and claimed to be tried.
7. To prove the guilt of the accused, in all 10 witnesses were examined as PWs.1 to 10 and ten documents were marked as Exhibits P1 to 10.
8. On closure of prosecution side evidence, statement under Section 313 of Cr.P.C was recorded. Accused has totally denied the evidence of prosecution witnesses. However, he did not choose to lead any defence evidence on his behalf.
9. Having heard the arguments on both sides, the trial Court has convicted the accused for the offence under Section 498-A o
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