Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 43977 (KAR)

NAGARAJU N M v. SADANANDA

CRL.RP/1432/2026 · 2026-09-29

Geetha K B

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010625172026 NC: 2026:KHC:54684 CRL.RP No. 1432 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MRS. JUSTICE GEETHA K.B. CRIMINAL REVISION PETITION NO. 1432 OF 2026 BETWEEN: NAGARAJU N.M., S/O MADAVARAJ, AGED ABOUT 42 YEARS, R/O NUGGEHALLI VILLAGE AND HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT, KARNATAKA - 573 131. …PETITIONER (BY SRI. K.R.NAGARAJA., ADVOCATE) AND: SADANANDA, S/O MALLEGOWDA, AGED ABOUT 58 YEARS, R/O MUDLAPURA VILLAGE, BAGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT, KARNATAKA - 573 111. …RESPONDENT THIS CRL.RP IS FILED U/S.397 R/W 401(FILED U/S.438 R/W SEC.442 BNSS) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 17.07.2026 IN CRL.A.NO.39/2026 ON THE FILE OF THE IV ADDL DISTRICT AND SESSIONS JUDGE, Digitally Signed By: K B GEETHA - 2 - HC-KAR CNR: KAHC010625172026 NC: 2026:KHC:54684 CRL.RP No. 1432 of 2026 HASSAN SITTING AT CHANNARAYAPATNA BY ALLOWING THE ABOVE REVISION AND CONFIRMING THE JUDGMENT AND ORDER OF SENTENCE DATED 03.01.2026 IN C.C.NO.557/2018 ON THE FILE OF THE ADDL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, CHANNARAYAPATNA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE GEETHA K.B. ORAL ORDER The learned counsel for the revision petitioner has filed a memo dated 10.09.2026 which reads as under: "The undersigned counsel for the petitioner submits that office of Registry raised objection that the Criminal Revision Petition on hand is not maintainable against the impugned judgment of acquittal of Appellate Court under Section 419(4) of the BNSS. In the light of the above noted office objection the undersigned counsel prays kind good self of this Hon'ble Court to convert the Criminal Revision Petitioner as Criminal Appeal under Section 419(4) of the BNSS 2023 to meet the ends of justice." 2. As per Section 419 (4) of Bharatiya Nagarik Suraksha Sanhita,2023 (in short 'BNSS'), the appeal Digitally Signed By: K B GEETHA - 3 - HC-KAR CNR: KAHC010625172026 NC: 2026:KHC:54684 CRL.RP No. 1432 of 2026 against acquittal is maintainable and not the revision petition. 3. Therefore, the memo is allowed. The revision petitioner is permitted to convert the criminal revision petition into criminal appeal, if he obtains special leave in the appeal. For statistical purpose, the Criminal Revision Petition stands disposed of. (GEETHA K.B.) JUDGE SSD List No.: 1 Sl No.: 5 Digitally Signed By: K B GEETHA