Karnataka HC Rejects Mother’s Bid To Add Murder Charge Against Daughter’s Husband For Now, Leaving Fresh Plea Open After Witness Evidence

The accused was charged under Sections 498-A and 304-B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, in connection with the death of the petitioner’s daughter.

After charges were framed, the petitioner, the de-facto complainant, applied under Section 216 Cr.P.C. to add a charge under Section 302 IPC.

The trial court rejected the application, and the petitioner challenged that order in revision.

The post-mortem report recorded a ligature mark and ante-mortem contusions, but the doctor opined that death was caused by asphyxia due to hanging.

Section 216 Cr.P.C. empowers a court to alter or add a charge at any time before judgment; where evidence subsequently supports an additional charge, an appropriate application may be considered before judgment.

The High Court’s revisional jurisdiction under Sections 397 and 401 Cr.P.C. is limited: interference is warranted where the lower court’s order is perverse, grossly erroneous or unreasonable, legally untenable, based on irrelevant or no material, or reflects arbitrary or capricious exercise of discretion.

The Court relied on Kuntegowda v. Thurubaiah, Criminal Appeal No. 3654 of 2026, 2026 SCC OnLine SC 1485.

The proposed offence was Section 302 IPC; the Court assessed whether the available material prima facie supported a homicidal death.

The post-mortem report recorded ante-mortem injuries, but the medical opinion attributed death to asphyxia resulting from hanging.

In the absence of material then indicating that the death was homicidal rather than suicidal, the Court found no basis to hold that the trial court’s refusal to add a Section 302 charge was perverse or otherwise justified revisional interference.

The Court nevertheless noted that evidence from the doctor or other material witnesses could later support reconsideration of the charge under Section 216 Cr.P.C.

It reserved liberty to the de-facto complainant to apply for reconsideration of the charge, if necessary, after the evidence of material witnesses was completed.