- 1 - HC-KAR NC: 2025:KHC:48937 CRL.A No. 2322 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2322 OF 2025 (A) BETWEEN: SMT. S. K. KALAVATHI S/O. SRI. B.N. SHIVANNA, AGED ABOUT 45 YEARS, R/AT. NO.648, 12TH CROSS, 5TH MAIN ROAD, M.C. LAYOUT, VIJAYANAGAR, BENGALURU-560040 …APPELLANT (BY SRI. NAGENDRA KUMAR K., ADV.) AND: 1. THE STATE OF KARNATAKA TUMKUR TOWN POLICE STATION, TUMAKURU-572 101 PRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560001. 2. SMT. SHARADAMMA W/O. LATE T.R. JAYANNA, AGED ABOUT 67 YEARS, R/AT. BEHIND RAMAKRISHNA ASHRAMA, AMARAJYOTHINAGARA, TUMAKURU TOWN, TUMAKURU-572 101 3. SMT. KALAVATHI D/O. LATE T. R. JAYANNA, AGED ABOUT 49 YEARS, R/AT. BEHIND RAMAKRISHNA ASHRAMA, AMARAJYOTHINAGARA, TUMAKURU TOWN, TUMAKURU-572 101 Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48937 CRL.A No. 2322 of 2025 4. SMT. ARUNA W/O. SRI. A. CHANDRAPPA, AGED ABOUT 47 YEARS, R/AT. DEVIRAPALLI VILLAGE, HOSURU TALUK, KRISHNAGIRI, TAMILNADU STATE - 635 103 5. SRI. NAGARAJU S/O. LATE T.R. JAYANNA, AGED ABOUT 41 YEARS, R/AT. BEHIND RAMAKRISHNA ASHRAMA, AMARAJYOTHINAGARA, TUMAKURU TOWN, TUMAKURU-572 101 6. SRI. DHARMA S/O. LATE T.R. JAYANNA, AGED ABOUT 41 YEARS, R/AT. BEHIND RAMAKRISHNA ASHRAMA, AMARAJYOTHINAGARA, TUMAKURU TOWN, TUMAKURU-572 101 7. SRI. A. CHANDRAPPA S/O. LATE ANJINAPPA AGED ABOUT 57 YEARS, R/AT. DEVIRAPALLI VILLAGE, HOSURU TALUK, KRISHNAGIRI, TAMILNADU STATE - 635 103. 8. SRI. G.B. VASANTH KUMAR S/O. SRI. R. BASAVARAJU, AGED ABOUT 40 YEARS, R/AT. HOUSE NO.1106, ASHOKANAGARA EXTENSION, TUMKUR TOWN, TUMAKURU - 572 101 …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1, NOTICE NOT ORDER IN R/O R2 TO R8.) - 3 - HC-KAR NC: 2025:KHC:48937 CRL.A No. 2322 of 2025 THIS CRL.A IS FILED U/S 372 CR.P.C (U/S 413 BNSS) PRAYING TO SET ASIDE THE IMPUGNED DTD 29.09.2025 IN CC.NO.25/2016 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, AT TUMAKURU AND CONVICTING THE RESPONDENT NOS.2 TO 8, FOR THE OFFENCES P/U/S 415,417,418,420,423 R/W 149 OF IPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. In this appeal, the learned counsel for the appellant has filed Memo dated 25th November, 2025. The same reads as under: "MEMO Undersigned Counsel for the appellant prays before this honourable court that the above appeal is filed against the acquittal of the accused under section 415, 417, 418, 420 and 423 C/W section 149 of IPC in CC No.25/2016 dated 29.09.2025 passed by the Principal Senior Civil Judge and CJM, Tumakuru and the section 420 of IPC which is cognizable and non-bailable offence in nature. Hence, this appeal lies before the session Court of Tumakuru. Wherefore, the appellant prays to transfer the appeal to the jurisdictional sessions, Court in the interest of justice.” - 4 - HC-KAR NC: 2025:KHC:48937 CRL.A No. 2322 of 2025 2. The offence punishable under section 420 of Indian penal code is cognizable and non-bailable in nature. In view of section 378(1)(b) of Code of Criminal Procedure, appeal lies to the Sessions Court against the order of acquittal as the offence is cognizable and non- bailable. Hence the applicant is permitted to withdraw this appeal and present the same before the jurisdictional Sessions Court. Office is directed to return the memorandum of appeal along with the papers to the appellant. The appellant shall present the same before the jurisdiction Sessions Court within one month from this date. Applicant is also permitted to avail the benefit of provisions of section 14 of Limitation Act. 3. Appeal is accordingly disposed of. Sd/- (G BASAVARAJA) JUDGE LNN List No.: 1 Sl No.: 20