- 1 - HC-KAR CNR: KAHC010628272024 NC: 2026:KHC:50415 CRL.A No. 2111 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2111 OF 2024 (A-) BETWEEN: 1. THE STATE BY SUB-INSPECTOR OF POLICE, DEVARAJA POLICE STATION, MYSURU, REPTD. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 1 …APPELLANT (BY SRI. K. NAGESHWARAPPA, HCGP) AND: 1. YASHAVANTH K S/O LATE KRISHNAMURTHY, AGED ABOUT 34 YEARS, R/AT NO.4475 FLAT NO.3, 6TH CROSS, ST. MARY'S ROAD, N.R.MOHALLA, MYSURU - 570001. 2. VINODA P @ KAPPE S/O LATE PUTTARAJU, AGED ABOUT 27 YEARS, R/AT NO. 2432, NEAR ARALIKATTE, 7TH CROSS, 3RD MAIN, KAILASAPURAM, MANDI MOHALLA, MYSURU - 570001. 3. THAMEEM PASHA @ GIDDU S/O AMJAD PASHA, AGED ABOUT 21 YEARS, R/AT NO. 302, 4TH CROSS, Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010628272024 NC: 2026:KHC:50415 CRL.A No. 2111 of 2024 KYATHAMARANAHALLI, MYSURU - 570019. 4. KARTHIK D C S/O DAYVA SANKALPA, AGED ABOUT 26 YEARS, R/AT NO. 329/A, 5TH CROSS, K.N.PURA, UDAYAGIRI, MYSURU - 570019. 5. SHIVU S/O LATE RAJUNAYAKA, AGED ABOUT 22 YEARS, R/AT NAYAKARA STREET, PALYA, CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT - 571313 …RESPONDENTS (BY SRI. SYED AKBAR PASHA., ADVOCATE) CRL.A FILED U/S 378 (1) AND (3) OF CR.P.C. BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TOA) GRANT LEAVE TO APPEAL AGAINST THE JUDGEMENT AND ORDER OF ACQUITTAL DTD 25.06.2024 PASSED IN CRIMINAL CASE NO.2229/2019 PASSED BY THE JMFC-IV COURT, MYSURU AND THEREBY ACQUITTING THE ACCUSED FOR THE OFFENCES P/U/S 143,147,341,504,323,325,506 R/W 34 OF IPC AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. Heard on both sides. 2. The State has preferred this appeal against the judgment and order of Acquittal dated 25.06.2024 passed - 3 - HC-KAR CNR: KAHC010628272024 NC: 2026:KHC:50415 CRL.A No. 2111 of 2024 in CC.No.2229/2019 by the IV JMFC, Mysuru, for the commission of offence under Sections 143, 147, 341, 504, 323, 325 and 506 read with Section 149 of IPC 1860. The alleged offence under Section 325 is punishable with imprisonment for 7 years with fine and it is a cognizable offence. In view of Section 378(1)(a) of Cr.P.C, the State has to prefer appeal to the Court of Sessions from an order of Acquittal passed by a Magistrate in respect of cognizable and non-bailable offence as the offence under Section 325 is a cognizable offence, appeal lies to the Court of Sessions. Hence, I proceed to pass the following: O R D E R (i) Appellant/State is permitted to present this appeal before the Court of Sessions as contemplated under Section 378(1)(a) of Cr.P.C.; (ii) The Registry is directed to return the appeal memo along with necessary particulars to - 4 - HC-KAR CNR: KAHC010628272024 NC: 2026:KHC:50415 CRL.A No. 2111 of 2024 the State, to present the same before the concerned Court of Sessions. Accordingly, the appeal is disposed of. Sd/- (G BASAVARAJA) JUDGE DHA LIST NO.: 1 SL NO.: 54