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2026 DAILYLAW 39828 (KAR)

THEERTHESH J v. VINAY C N

CRL.RP/1443/2026 · 2026-09-11

Geetha K B

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010640292026 NC: 2026:KHC:49659 CRL.RP No. 1443 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE GEETHA K.B. CRIMINAL REVISION PETITION NO. 1443 OF 2026 (397(Cr.PC) / 438(BNSS)) BETWEEN: 1. THEERTHESH J S/O JAGADISH AGE ABOUT 36 YEARS R/A AT 7TH WARD, MUDLUPURA CHAMARAJANAGARA TOWN-571313 …PETITIONER (BY SRI. H N VENKATESHA.,ADVOCATE) AND: 1. VINAY C N S/O R NAGARAJ AGE ABOUT 45 YEARS R/A AT JAINARA BEEDHI, CHAMARANAGARA TOWN-571313 …RESPONDENT (NIL) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1.SET ASIDE THE ORDER DATED 14.02.2025 AND 07.03.2025 PASSED BY THE TRIAL COURT IN SO FAR AS IT PERTAINS TO REFUSAL TO ALLOW EP AND FURTHER CANCELLATION OF BAIL BOND AND CASH SECURITY Digitally Signed By: K B GEETHA Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010640292026 NC: 2026:KHC:49659 CRL.RP No. 1443 of 2026 FORFEITURE ORDERED BY THE TRIAL COURT AT DOCUMENT NO.2 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE GEETHA K.B. ORAL ORDER 1. Heard the learned counsel for the revision petitioner Sri H.N.Venkatesha. 2. The revision petitioner is challenging the order dated 14.02.2025 and 07.03.2025 passed in C.C.No.1312/2025 on the file of the learned I Additional Senior Civil Judge and JMFC, Chamarajanagara, wherein the learned Magistrate has rejected the exemption petition filed on behalf of the accused and issued NBW by cancelling his bail bond. 3. The revision petitioner could approach the Sessions Court under Section 438 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short 'BNSS, 2023'). Even though this Court and Sessions Court have revisional jurisdiction, always, Hon'ble Apex Court and this Court time and again directed parties to first approach the Sessions Court. Digitally Signed By: K B GEETHA - 3 - HC-KAR CNR: KAHC010640292026 NC: 2026:KHC:49659 CRL.RP No. 1443 of 2026 4. Hence, without observing anything on merits, the revision petition is disposed of by giving liberty to the revision petitioner to approach the Sessions Court. 5. Registry is directed to return all the original/certified copies of the documents to the learned counsel for the revision petitioner by replacing Xerox copies of the same. (GEETHA K.B.) JUDGE SPV List No.: 1 Sl No.: 3 Digitally Signed By: K B GEETHA