- 1 - HC-KAR CNR: KAHC010635982026 NC: 2026:KHC:54880 CRL.RP No. 1458 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MRS. JUSTICE GEETHA K.B. CRIMINAL REVISION PETITION NO. 1458 OF 2026 BETWEEN: SMT. NAGAVENI @ NAGU W/O NARASIMHASWAMY, AGED ABOUT 60 YEARS, R/AT FLAT NO. 116, SHIVA PRAKRUTHI APARTMENT, TALAKAVERI ROAD, JAKKUR, YELAHANKA HOBLI, BENGALURU URBAN - 560 063. …PETITIONER (BY SRI SURESH BABU RAJ D., ADVOCATE) AND: I.H. SANGAMDEV S/O I.B. HALAPA, AGED ABOUT 57 YEARS, R/O.F.NO - 08, GROUND FLOOR, KRISHNA GARDENIA APARTMENTS DOLLARS COLONY, RMV 2ND STAGE, BENGALURU - 560 094. …RESPONDENT Digitally Signed By: K B GEETHA - 2 - HC-KAR CNR: KAHC010635982026 NC: 2026:KHC:54880 CRL.RP No. 1458 of 2026 THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE ORDER DATED 01.08.2026 AND PASS NECESSARY ORDERS OF ABEYANCE IN RESPECT OF THE CONDITIONS IMPOSED VIDE ORDER DATED 19.01.2026 ON THE INTERIM APPLICATION FILED UNDER SEC.389(1) OF THE COURT OF CRIMINAL PROCEDURE READ WITH SEC.148 OF THE N.I ACT I.E ANNEXURE-F PENDING DISPOSAL OF THE APPEAL. 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 30.09.2026 which reads as under: "1. The petitioner has filed the above petition under 397 (Cr.P.C.)/ 438 (BNSS) to set aside the order passed in Crl.A. No.124/2025 before LXVII Addl. C.C. and SJ dated 01.08.2026. 2. The office raised technical objections regarding its maintainability. In view of the aforementioned issue concerning maintainability, the petitioner inadvertently field this Criml Revision Petition instead of Criminal Petition before this Hon'ble Court. Wherefore, the petitioner respectfully prays that this Hon'ble Court may kindly be pleased to convert the Criml. Revision Petition to Criminal Petition and same may be treated as Criminal Digitally Signed By: K B GEETHA - 3 - HC-KAR CNR: KAHC010635982026 NC: 2026:KHC:54880 CRL.RP No. 1458 of 2026 Petition under Section 528 of BNSS and permit the petitioner to change the same, to meet the ends of justice." 2. As per Section 419 (4) of Bharatiya Nagarik Suraksha Sanhita,2023 (in short 'BNSS'), the appeal 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 LL List No.: 1 Sl No.: 3 Digitally Signed By: K B GEETHA