Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010102552022 NC: 2026:KHC:52198 CRL.A No. 410 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 410 OF 2022 (A) BETWEEN:
1.
THE STATE OF KARNATAKA REP. BY POLICE INSPECTOR BIRUR POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560001. …APPELLANT (BY SRI. K. NAGESHWARAPPA, HCGP) AND:
1.
GIRISHA K S AGED ABOUT 27 YEARS S/O SHIVANNA
2.
SOMA @ SOMANATHA K S AGED ABOUT 31 YEARS S/O SHIVANNA
3.
REVANNA K S AGED ABOUT 31 YEARS S/O SHIVANNA
4. LOKESH S/O SIDDAPPA AGED ABOUT 51 YEARS
5. NINGAPPA S/O SIDDAPPA AGED ABOUT 52 YEARS
Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010102552022 NC: 2026:KHC:52198 CRL.A No. 410 of 2022
ALL ARE AGRICULTURISTS, R/AT B. KODIHALLI, BIRURU HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT-577548. …RESPONDENTS (BY SMT. JYOTHI S.K., ADV.)
CRL.A FILED U/S.378(1)(3) CR.P.C BY THE S.P.P FOR THE STATE PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND
ORDER OF ACQUITTAL DATED 22.10.2021 PASSED BY THE LEARNED III ADDL. CIVIL JUDGE AND JMFC, KADURU IN C.C.NO.663/2019 THEREBY ACQUITTING THE RESPONDENTS FOR THE ALLEGED OFFENCES P/U/S 143,147,148,323,324,114,504,506 R/W 149 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
Respondent counsel is present through video conferencing.
1. The State has preferred this appeal against the
judgment of acquittal passed by the III Addl. Civil Judge and JMFC, Kadur in CC No.663/2019 dated 22.10.2021.
2. The trial Court has acquitted the accused for the offences punishable under Section 143, 147, 148, 323, 324, 114, 504, 506 read with Section 149 of IPC. The
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HC-KAR
CNR: KAHC010102552022 NC: 2026:KHC:52198 CRL.A No. 410 of 2022
alleged commission of offence punishable under Section 324 of IPC is cognizable and non-bailable offence. In view of Section 378(1)(a) where the Magistrate has passed the
judgment of acquittal in respect of cognizable and non- bailable offence, the appeal lies to the Court of Sessions. Hence, I proceed to pass the following:
O R D E R
Registry is directed to return the appeal to the State/appellant to re-present the same before the jurisdictional Sessions Court, in accordance with law.
Accordingly, appeal is disposed off.
Sd/- (G BASAVARAJA) JUDGE
KBM LIST NO.: 1 SL NO.: 23