THE STATE OF KARNATAKA Vs. SHARANAPPA

JUDGEMENT

(1.) Challenging the Judgment dated 07.08.2012, passed by the Sessions Judge, Bagalkot, in S.C.No.32/2007, thereby acquitting accused Nos.1 and 7 of the offences punishable under Sections 498(A) and 306 read with Section 34 of Indian Penal Code (for short, hereinafter referred to as *IPC), this appeal is filed by the State.

(2.) Brief facts leading to this appeal are that, a complaint was given by Sri. Virupaxappa S/o. Irappa Talikoti on 13.07.2006 at 8.00 p.m. before the police station, Hunagund stating that, his sister Smt. Neelamma was married to Sri. Sharanabasappa S/o. Veerabasappa Otageri of Marol village about 12 years ago. Since marriage she was happily residing with her husband. Her mother-in-law, mother-in-law, father-in-law and two brothers-in-law namely Sri. Shekappa and Sri. Sangappa also lived with them. They had two children namely Deepa and Ravi. Sri. Sharanabasappa was a class-II contractor. After he suffered loss about two years ago, he frequently sent Smt. Neelamma to bring money to tide over the loss. A sum of Rs.45,000/- was paid when he had come in the presence of Sri. Jag dish Muddebihal and Sri. Buddesab of Marol village. Thereafter, they lived happily.

(3.) But about six months ago, Smt. Neelamma informed him that Sri. Sharanabasappa had developed an illicit affair with one Smt. Khajabi living opposite to their house. She also told him when she demanded her husband to stop illicit affair with Smt. Khajabi, she was subjected to mental and physical torture. But Sri. Sharanabasappa did not stop his illicit affair. He was not treating his wife properly and was forcibly and repeatedly sending her to bring more money.