The State Of Karnataka vs Saleem Syed S/O. Abdul Rahim on 24 July, 2026

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    Karnataka High Court

    The State Of Karnataka vs Saleem Syed S/O. Abdul Rahim on 24 July, 2026

    Author: H.T.Narendra Prasad

    Bench: H.T.Narendra Prasad

                                                     -1-
    
    
                                                              CRL.A NO.100402/2024
    
    
                           IN THE HIGH COURT OF KARNATAKA AT DHARWAD
    
                                 DATED THIS THE 24TH DAY OF JULY, 2026
    
                                                 PRESENT
    
                           THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                               AND
                           THE HON'BLE MRS JUSTICE RAJESHWARI N. HEGDE
    
                                      CRL.A NO.100402 OF 2024 (A)
    
                          BETWEEN
    
                          THE STATE OF KARNATAKA
                          BY SUB-INSPECTOR OF POLICE,
                          BRUCEPET POLICE STATION, BALLARI.
                                                                        ...APPELLANT
                          (BY SRI T. HANUMAREDDY, ADDL. SPP.)
    
    
                          AND
    
                          1.   SALEEM SYED S/O. ABDUL RAHIM
                               AGE 30 YEARS,
                               R/O. CHAPPARADAHALLI,
                               HOSAPETE TALUK-583201.
    Digitally signed by
    MALLIKARJUN
    RUDRAYYA
    KALMATH
    Location: HIGH
    COURT OF
                          2.   SYED ABDUL RAHIM
                               S/O. SYED ABDUL KHALID
    KARNATAKA
    DHARWAD BENCH
    Date: 2026.07.24
    14:39:21 +0530
    
                               AGE 52 YEARS, BUSINESS,
                               R/O. CHAPPARADAHALLI,
                               HOSAPETE-583201.
    
                          3.   AKTHAR BANU W/O. SYED ABDUL RAHIM
                               AGE 50 YEARS, OCC. HOUSE WIFE,
                               R/O. CHAPPARADAHALLI,
                               HOSAPETE 583201.
    
                          4.   SADDAM SYED S/O. SYED ABDUL RAHIM
                               AGE 50 YEARS, OCC. COOLIE,
                                   -2-
    
    
                                          CRL.A NO.100402/2024
    
    
          R/O. CHAPPARADAHALLI,
          HOSAPETE 583201.
    
    5.    NAZIYA BANU S/O. ISMAIL SAB
          AGE 19 YEARS, HOUSEWIFE,
          R/O. CHAPPARADAHALLI,
          HOSAPETE. 583201.
    
    6.    RAFIYA BANU S/O. SYED SALEEM
          AGE 44 YEARS, HOUSEWIFE,
          R/O. BANDIHATTI ROAD,
          BALLARI-583201.
                                                    ...RESPONDENTS
    (BY SRI ANWAR BASHA, ADVOCATE.)
    
    
          THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1)
    AND (3) OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING
    TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL
    DATED 25.03.2023, PASSED BY THE II ADDITIONAL DISTRICT
    AND    SESSIONS    JUDGE,   BALLARI,      IN   SESSIONS   CASE
    NO.47/2019 AND TO CONVICT THE RESPONDENTS/ACCUSED
    NO.1 TO 6 PERSONS FOR THE OFFENCES PUNISHABLE UNDER
    SECTIONS 498(A), 323, 506, 114 AND 307 READ WITH SECTION
    34 OF INDIAN PENAL CODE, 1860 AND SECTIONS 3 AND 4 OF
    THE DOWRY PROHIBITION ACT.
    
          THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
    JUDGMENT      ON   07.07.2026       AND    COMING    ON   FOR
    PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE
    FOLLOWING:
    CORAM:        HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                    AND
                  HON'BLE MRS JUSTICE RAJESHWARI N.HEGDE
                                    -3-
    
    
                                              CRL.A NO.100402/2024
    
    
                           CAV JUDGMENT
    

    (PER: HON’BLE MRS JUSTICE RAJESHWARI N.HEGDE)

    1. This appeal is filed under Section 378(1) and (3)

    SPONSORED

    of the Code of Criminal Procedure, 1973 (hereinafter

    referred to as ‘Cr.P.C.’) challenging the judgment dated

    25.03.2023 passed by the II Additional District and

    Sessions Judge, Ballari (hereinafter referred to as the ‘trial

    Court’), in S.C. No.47/2019.

    2. For the sake of convenience, the raking of the

    parties is referred to as before the trial Court.

    3. The case of the prosecution, in brief, is as

    follows:

    The complainant filed a written complaint stating that

    on 10.05.2015, her marriage with accused No.1 was

    solemnized by her grandmother and brother. At the time of

    the marriage, they allegedly gave dowry consisting of

    ₹2,00,000/- in cash, six tolas of gold ornaments, household

    articles worth ₹2,00,000/-, and incurred marriage expenses

    of approximately ₹8,00,000/-.

    -4-

    CRL.A NO.100402/2024

    4. After the marriage, the complainant joined

    accused No.1 and they lived happily for about eight days.

    Thereafter, accused No.1, who was employed as a Sales

    Coordinator in Karnataka Company, left for Dubai.

    Subsequently, accused Nos.2 to 6 allegedly subjected the

    complainant to physical and mental cruelty by finding fault

    with her cooking and assaulting her with their hands and

    legs. Whenever the complainant informed accused No.1

    about the harassment, he allegedly abused her and

    threatened to pronounce talaq.

    5. It is further alleged that after about fourteen

    months, accused No.1 returned from Dubai. When the

    complainant requested him to take her to Dubai, he

    allegedly demanded an additional dowry of ₹5,00,000/-. It

    is alleged that the complainant’s brother paid ₹3,00,000/-

    to accused No.1. Thereafter, accused No.1 took the

    complainant to Dubai, where they lived together happily for

    about three months. In January 2017, they returned to

    India, and accused No.1 left the complainant at her parental

    home at Ballari.

    -5-

    CRL.A NO.100402/2024

    6. The complainant further alleged that accused

    Nos.5 and 6 instigated accused No.1 to divorce her by

    pronouncing talaq and were searching for another bride for

    him. When the complainant questioned accused No.1

    regarding the same, he allegedly abused her in filthy

    language. Unable to bear the alleged harassment, the

    complainant attempted to commit suicide by hanging

    herself, but accused Nos.2 to 5 rescued her.

    7. It is further alleged that after eight to ten days,

    when the complainant entered the kitchen, she noticed

    leakage of cooking gas. As she attempted to come out of

    the kitchen, accused Nos.2 and 3 allegedly caught hold of

    her and pressed her neck. When the complainant informed

    her brother about the incident, her took her back to her

    parental home. Thereafter, a panchayat was convened in

    presence of the elders to resolve the dispute; however, the

    talks failed as the accused refused to take the complainant

    back. Consequently, the complainant lodged the present

    complaint.

    -6-

    CRL.A NO.100402/2024

    8. Based on the complaint, the police registered

    Crime No.3/2018 for the offences punishable under Sections

    498A, 323, 506, 114, and 307 read with Section 34 of the

    Indian Penal Code, 1860, and Sections 3 and 4 of the

    Dowry Prohibition Act, 1961.

    9. After completion of the investigation, the

    Investigating Officer filed the charge sheet before the II

    Additional District and Sessions Judge, Ballari, where the

    case was registered as Sessions Case No.47/2019.

    10. After furnishing copies of the charge sheet and

    other documents to the accused and complying with the

    provisions of the Cr.P.C., the learned Sessions Judge

    framed charges against the accused for the aforesaid

    offences. The accused pleaded not guilty and claimed to be

    tried.

    11. To establish its case, the prosecution examined

    eleven witnesses as PW1 to PW11 and marked Exs.P1 to

    P11.

    12. After completion of the prosecution evidence, the

    statements of the accused were recorded under Section 313
    -7-

    CRL.A NO.100402/2024

    of Cr.P.C. The accused denied all the incriminating

    circumstances appearing in the prosecution evidence and

    did not choose to adduce any defence evidence.

    13. Upon hearing both sides, the trial court passed

    the impugned judgment acquitting all the accused.

    Aggrieved by the said judgment of acquittal, the State has

    preferred the present appeal on, inter alia, the following

    grounds:

    a. The judgment and order of acquittal passed by the
    trial court are contrary to law, facts, and the evidence
    available on record and are therefore liable to be set
    aside.

    b. The evidence of the complainant and her brother
    corroborates each other, and the independent
    witnesses have also supported the prosecution case.
    c.The trial court erred in holding that the prosecution
    had failed to examine independent and eyewitnesses,
    without properly appreciating the testimony of the
    witnesses on record.

    d. The evidence establishes that a panchayat was
    convened in the presence of village elders, which
    clearly demonstrates that the complainant was
    subjected to harassment and cruelty by the accused
    for bringing additional dowry from her parental home.

    -8-

    CRL.A NO.100402/2024

    The trial court failed to properly appreciate this
    material evidence.

    e. The trial court also failed to appreciate the evidence
    indicating that all the accused acted with the intention
    of causing the death of the complainant on account of
    her failure to meet their unlawful dowry demands.
    f. The marriage between accused No.1 and the
    complainant was solemnized on 10.05.2015, and the
    complaint was lodged within seven years of the
    marriage. The complainant has specifically narrated
    the acts of cruelty and harassment in her complaint,
    and the prosecution witnesses have supported the
    same in their depositions.

    g. Despite the cogent oral and documentary evidence
    adduced by the prosecution, the trial court failed to
    properly appreciate the evidence and erroneously
    acquitted the accused.

    14. Accordingly, the appellant-State has prayed that

    the impugned judgment of acquittal be set aside, the appeal

    be allowed, and the respondents/accused be convicted in

    accordance with law.

    15. We have heard the learned counsel appearing for

    the appellant and the learned counsel for the respondents.

    Upon consideration of the rival submissions and on perusal
    -9-

    CRL.A NO.100402/2024

    of the entire evidence on record as well as the appeal

    papers, the following point arises for our consideration:

    “Whether the impugned judgment of the trial
    Court suffers from illegality, perversity and calls for
    interference by this Court?”

    16. Submission of the learned Additional SPP is that

    the trial Court without appreciating the evidence on record

    has erroneously acquitted the accused of all the offences. It

    is argued that marriage of the complainant PW.1 was

    performed on 10.05.2015 in her matrimonial home; all the

    accused subjected her to mental and physical cruelty; she

    lodged a complaint on 06.01.2018 i.e., before seven years

    of her marriage. It is argued that though PW.1 deposed

    about the harassment meted out to her by all the accused

    in her matrimonial home, the trial Court disbelieved the

    evidence of the complainant PW.1 stating that there are

    contradictions and inconsistencies in her evidence and her

    evidence is not corroborated with the evidence of any

    independent witnesses and therefore, the trial Court has

    disbelieved the evidence of the complainant who is the

    – 10 –

    CRL.A NO.100402/2024

    victim and acquitted the accused. Learned Additional SPP

    further argued that though there are contradictions and

    variations in her evidence, the entire evidence of PW.1

    cannot be thrown out, because violence was meted out

    within the house and the Court cannot expect any

    corroboratory evidence to support the evidence of PW.1 and

    she is the only sufferer and the incident happened within

    the house and therefore it is argued that the evidence of

    PW.1, the victim alone is sufficient to establish that there

    was harassment meted out by the accused persons.

    17. Per contra, learned counsel appearing for the

    accused argued that the marriage of the complainant was

    performed with accused No.1 on 10.05.2015 at Ballari in

    Cowl Bazar area at El-E-Hul Hadit Masjid. After their

    marriage, accused No.1 went to Dubai for his occupation

    and he returned in the month of January 2017. Therefore, it

    is argued that, after her marriage in the year 2015, her

    husband was not living with her and he was living in Dubai

    as he went there for work and he only returned in the year

    2017 and therefore, it is argued that there was no occasion

    – 11 –

    CRL.A NO.100402/2024

    for accused No.1 to ill-treat the complainant, who is his

    wife, during the said two years, because they were not

    residing together. Learned counsel for the accused brought

    to the notice of this Court that, in her cross-examination,

    she admitted that she is a graduate and she has not

    produced any receipts for having purchased the ornaments

    so as to give the same to the accused towards dowry.

    Further, she has also admitted in Ex.P.1 complaint that, she

    has not described what are all the ornaments and its

    weight, which were given to the accused during the

    marriage. Further, she has also admitted that, when her

    husband was in Dubai, i.e., from 2015 to 2017, the other

    accused Nos.2 to 5 were said to have harassed her,

    however, she has not lodged any complaint before the

    police regarding the same. Further, she has also admitted

    that with regard to the assault to her by her brother-in-law

    with belt, she has not taken any treatment from doctor.

    Further, she has also admitted that she filed a case seeking

    maintenance as well as a case alleging domestic violence

    against the accused.

    – 12 –

    CRL.A NO.100402/2024

    18. Learned counsel for respondents/accused further

    argued that, the cases filed by the complainant herein with

    regard to maintenance and domestic violence was

    registered on 21.01.2023 on the file of Principal Family

    Court, Ballari. Learned counsel for respondent/ accused

    argued that accused No.1 filed a case against the

    complainant seeking dissolution of marriage in

    O.S.No.7/2023, on the file of Principal Family Court, Ballari,

    which ended in a compromise by filing of a joint

    compromise petition dated 21.04.2023. As per the said

    compromise, the matter was settled between the

    complainant and accused No.1 and the complainant

    received ₹7,00,000/- towards her permanent alimony. He

    has submitted the document and as per the said

    compromise, accused No.1 and the complainant have

    exchanged all the articles, such as gold, silver and other

    household articles given at the time of marriage and they

    undertook that there are no other things or articles pending

    with them so as to return. Further, the complainant as well

    as accused No.1 agreed that they will withdraw all the

    – 13 –

    CRL.A NO.100402/2024

    allegations made against each other in respective petitions.

    Further, it is argued that as per the said compromise

    petition, the Court has passed the decree of divorce by

    dissolving their marriage dated 10.05.2015. Therefore,

    learned counsel argued that, as the complainant has

    received permanent alimony amount as well as the articles

    given by her during the marriage towards dowry and now

    that the decree of divorce is also passed by dissolving their

    marriage, therefore, taking into consideration the facts and

    circumstances of the case, the appeal may be dismissed.

    19. Further it is argued that, the trial Court has

    rightly passed the impugned judgment acquitting all the

    accused of all the offences and that there is no illegality or

    perversity in the impugned judgment and hence, prayed for

    dismissal of the appeal.

    20. Having heard the arguments of learned counsels

    appearing for both the sides, we have gone through the trial

    Court records and the evidence placed on record by the

    prosecution before the trial Court.

    – 14 –

    CRL.A NO.100402/2024

    21. The complainant Umme Salma is examined as

    PW.1 and in her evidence she has deposed about the

    complaint averments, which is marked as Ex.P.1. On going

    through the complaint, she has stated that her marriage

    was performed on 10.05.2015 with accused No.1 and for

    the marriage, her parents spent in all ₹8,00,000/- and her

    husband accused No.1 demanded for dowry and accordingly

    ₹2,00,000/- in cash and 06 tola gold ornaments and

    household articles such as refrigerator, cot, washing

    machine, colour TV, showcase, dining table and utensils

    amounting to ₹2,00,000/- were given to the accused. She

    has further stated that, after her marriage she started to

    live in her husband’s house at Hosapete and she lived

    happily only for 08 days and thereafter accused No.1 and

    her in-laws started to harass her and her husband went to

    Dubai. Even after her husband went to Dubai, her in-laws

    were continued ill-treating her. Despite her parents and

    brother requesting the accused not to harass her, they did

    not stop. They demanded additional dowry, due to which,

    her brother gave additional sum of ₹3,00,000/- to her

    – 15 –

    CRL.A NO.100402/2024

    husband. Further, she has stated that she informed all

    these incidents to her husband, but her husband in turn

    replied that she has to obey her in-laws whenever she is in

    her husband’s house. Unable to bear all this ill-treatment,

    she attempted to take her life. The accused forced her to

    sign on a blank paper and one day when she was in her

    matrimonial house, they attempted to kill her by leaking

    gas and therefore she was constrained to file the complaint.

    22. The prosecution examined PW.2-Khadhar Basha,

    the brother of the complainant. His evidence is similar to

    the evidence of the complainant i.e. PW.1. PW.3-

    Chandrashekhar, is said to be the witness to the panchayat

    regarding all the alleged ill-treatment given to complainant,

    however, he has not fully supported the prosecution

    version. PW.4-B.Manjunath Patil, who is also a witness to

    the panchayath, has deposed about the ill-treatment given

    by the accused and has stated that for this reason the

    panchayath was held and accused were warned not to

    harass her and that despite the same, the accused did not

    stop, hence, the complainant filed the complaint.

    – 16 –

    CRL.A NO.100402/2024

    23. PW.5-Imbran Rehamat Ulla, is said to be the

    witnesses to spot mahazar Ex.P.7. PW.6-Sadik Basha, is

    said to be the witness to the seizure mahazar Ex.P.2. PW.7-

    N.Padmavathi, Police Officer deposes regarding the receipt

    of the complaint and part of the investigation. PW.8-Merry

    Latha, is the police official who handed over the FIR to the

    Court. PW.9-E.Kalikrishna, is the Police Inspector, who

    conducted part of the investigation and filed the charge

    sheet. PW.10-Lokeshwarappa, is also the Police Officer, who

    has recorded the statement of the witnesses. PW.11-

    Gayatri R., is the police official who deposed about the

    arrest of accused Nos.2 to 6.

    24. On going through the cross examination of PW.1,

    as rightly argued by the learned counsel for the

    accused/respondents, she has stated that though she was

    subjected to cruelty as deposed by her, she did not file any

    complaint before the police. She has deposed that she was

    a graduate. If that is so, she could have filed complaint at

    the earliest point of time, but she waited to file the

    complaint till 2018. As per her evidence, she lived in the

    – 17 –

    CRL.A NO.100402/2024

    matrimonial house happily only for 08 days. Her marriage

    was performed on 10.05.2015. She did not lodge complaint

    at the earliest point of time. Though it is true that this is a

    matrimonial issue and the panchayats were held, and that

    there are chances of filing the complaint belatedly,

    however, by taking into consideration that now accused

    No.1 and the complainant are divorced and that she has

    also received permanent alimony by compromising the

    matter and filing the compromise petition being filed before

    the Principal Family Court, Ballari in O.S.No.7/2023 to that

    effect and decree of divorce being granted by the Court,

    this Court is of the opinion that the learned Judge of the

    trial Court has rightly acquitted all the accused of all the

    offences. No illegality is committed by the trial Court and

    the impugned judgment does not warrant any interference

    by this Court. Hence, the point raised for consideration

    herein is answered in the negative and the appeal is liable

    to be dismissed.

    25. In the result, we proceed to pass the following:

    – 18 –

    
    
                                            CRL.A NO.100402/2024
    
    
                              ORDER
    
    
          i)    The criminal appeal is dismissed.
    
    
          ii)   The   impugned    judgment      and   order   dated
    
    

    25.03.2023, passed by the II Additional District and

    Sessions Judge, Ballari, in Sessions Case No.47/2019, is

    hereby confirmed.

    Sd/-

    (H.T.NARENDRA PRASAD)
    JUDGE

    Sd/-

    (RAJESHWARI N.HEGDE)
    JUDGE

    MRK
    CT-CMU.



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