- 1 - HC-KAR CNR: KAHC010068412023 NC: 2026:KHC:49550 CRL.P No. 1821 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1821 OF 2023 BETWEEN: THE STATE OF KARNATAKA BY UDUPI TOWN POLICE STATION UDUPI, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 01. …PETITIONER (BY SRI RAHUL RAI K, HCGP) AND: 1. N KUMAR SHETTY AND OTHERS SON OF SHEENAPPA SHETTY AGED ABOUT 61 YEARS RESIDENT AT NARANADU MELMANE KALAGIRI UPPORU POST UDUPI TALUK AND DISTRICT - 576 105. 2. SURESH S/O APPI POOJARTHI AGED ABOUT 57 YEARS R/A SALMARA, THENKABETU UPPORU POST, UDUPI TALUK AND DISTRICT - 576 105. 3. NARAYANA SHETTY S/O KRISHNAYYA SHETTY AGED ABOUT 58 YEARS R/A NARANADU SALMARA UPPORU POST, UDUPI TALUK AND DISTRICT - 576 105. 4. DHARMARAJ S/O BALAKRISHNA CHITTIYAR Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010068412023 NC: 2026:KHC:49550 CRL.P No. 1821 of 2023 AGED ABOUT 60 YEARS R/A NEAR PANJURI TEMPLE MODDUBETTU KODAVOOR POST , UDUPI TALUK AND DISTRICT - 576 105. 5. PRABHAKAR S SHETTY S/O SUNDARA SHETTY AGED ABOUT 58 YEARS R/AT NO.1, 115AA, PANDUBETTU JATHARBETTU HOUSE AMBALPADY, UDUPI - 576 103. …RESPONDENTS (BY SRI K PRASANNA SHETTY, ADV., FOR R-1 TO R-4; SRI DEEPAK, ADV., FOR R-5) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED 18.04.2022 PASSED BY THE DISTRICT AND SESSIONS JUDGE, UDUPI, THEREBY ALLOWING THE CRIMINAL REVISION PETITION AND SET ASIDE THE ORDER DATED 17.09.2021, PASSED BY THE TRIAL COURT UNDER WHICH NAMES OF THE REVISION PETITIONERS HAVE BEEN INSERTED AS ACCUSED NO.2 TO 5 IN C.C.NO.3030/2015. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This petition is filed by the State assailing the order dated 18.04.2022 passed by the Court of District & Sessions Judge, Udupi, in Crl.RP.No.10/2022 and the order dated 17.09.2021 - 3 - HC-KAR CNR: KAHC010068412023 NC: 2026:KHC:49550 CRL.P No. 1821 of 2023 passed by the Court of Addl. Civil Judge & JMFC, Udupi, in CC.No.3030/2015. 2. Heard the learned Counsel for the parties. 3. The material on record would go to show that the prosecution had filed an application under Section 319 of Cr.PC before the Court of Addl. Civil Judge & JMFC, Udupi, in CC.No.3030/2015 which was allowed vide order dated 17.09.2021 and as against the said order, the respondents herein had filed Crl.RP.No.10/2022 before the jurisdictional Sessions Court which was allowed by order dated 18.04.2022. Assailing the said order, the State is before this Court. 4. It is brought to the notice of this Court that CC.No.3030/2015 pending before the Court of Addl. Civil Judge & JMFC, Udupi, was subsequently transferred and re-numbered as CC.No.1397/2024 and by judgment and order of acquittal dated 25.08.2026, the accused who were charge-sheeted in the said case, have been already acquitted. - 4 - HC-KAR CNR: KAHC010068412023 NC: 2026:KHC:49550 CRL.P No. 1821 of 2023 5. In view of the aforesaid, the present petition will not survive for consideration and accordingly, the same is dismissed as having rendered infructuous. Sd/- (S VISHWAJITH SHETTY) JUDGE KK