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2026 DAILYLAW 51582 (KAR)

MISS. BHARATI DHARIGOUDA @ BHARATHI v. STATE OF KARNATAKA

CRL.A/2396/2025 · 2026-01-09

G Basavaraja

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:1361 CRL.A No. 2396 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2396 OF 2025 (A) BETWEEN: MISS. BHARATI DHARIGOUDA @ BHARATHI, D/O HANAMANT, AGED ABOUT 31 YEARS, NO.12, 3RD FLOOR, MYLARA, SANJAYNAGAR, R.M.V. II STAGE, BENGALURU - 560 094; …APPELLANT (BY SRI. HEMA KARIYAPPA, ADVOCATE(ABSENT)) AND: 1. STATE OF KARNATAKA, RPTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001 STATE REPRESENTED BY SANJAYANAGAR PS 2. SHRI. K. JAYAPRAKASH, AGED ABOUT 65 YEARS, NO. 1/9, 6TH CROSS, 2ND MAIN ROAD, DINNUR, R.T. NAGAR POST, BENGALURU - 560 032; 3. SMT. PRATHIBHA, W/O K. JAYAPRAKASH, AGED ABOUT 62 YEARS, NO. 1/9, 6TH CROSS, 2ND MAIN ROAD, DINNUR, R.T. NAGAR POST, Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1361 CRL.A No. 2396 of 2025 BENGALURU - 560 032; 4. SHRI. VENKATESH D., AGED ABOUT 55 YEARS NO.6 1-1 5TH MAIN KRISHNAPPA BLOCK, GANGANAGAR, BENGALURU 560032; 5. SHRI. MOHAN (HOTEL) S/O DEVARAJ, AGED ABOUT 65 YEARS, R/AT NO. 328, 14TH CROSS, NEAR GANESH TEMPLE, SADASHIVANAGAR, BENGALURU - 560 080; 6. SMT. ARUNDATHI RAVISHANKAR, W/O RAVISHANKAR, AGED ABOUT 68 YEARS, R/AT NO. 406, 12TH CROSS, SADASHIVANAR, BANGALORE- 560080. …RESPONDENTS (BY SRI.B.LAKSHMAN, HCGP FOR R1/STATE) THIS CRL.A IS FILED UNDER SECTION 378(4) OF THE CODE OF CRIMINAL PROCEDURE, 1973 (FILED U/S 419(4) OF BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONORABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 28.10.2025 PASSED IN CRIMINAL MISCELLANEOUS NO.8341/2025 PASSED BY IN COURT OF THE HON'BLE LIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-54) AS PER ANNEXURE-A PERTAINING TO CRIME NO.125/2025 REGISTERED READ WITH U/S 64, 89, 318(4), 351(2), 351(3), 316(2), 352, 190 REGISTERED AT SANAJYNAGAR POLICE STATION IN THE JURISDICTION OF THE - 3 - HC-KAR NC: 2026:KHC:1361 CRL.A No. 2396 of 2025 8TH ACJM COURT AT BANGALORE AND CHARGE SHEET FILED VIDE C.C.NO.45005/2025 BY SANAJYNAGAR POLICE STATION READ WITH UNDER SECTIONS, 64, 69, 89, 316(2), 318(4) 351(2), 351(3), 238, 352, 3(5) IN THE JURISDICTION OF THE 8TH ACJM COURT AT BANGALORE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. Learned counsel for the appellant is absent. 2. Perused office objections and also perused the materials placed before this Court. The appellant has preferred this appeal against the order passed by the LIII Additional City Civil and Sessions Special Judge, Bangalore (CCH-54) in Crl. Misc. No.8341/2025 dated 28.10.2025. 3. On perusal of FIR, it is seen that no penal provisions pertaining the SC/ST (Prevention of Atrocities) Act, 1989 are inserted in the FIR. Therefore, this appeal is not maintainable before this Court. The appellant also sought for quashing of charge sheet vide - 4 - HC-KAR NC: 2026:KHC:1361 CRL.A No. 2396 of 2025 C.C.No.45005/2025. This Court has also no jurisdiction to entertain the said contention, in that regard. Office has rightly raised the objection that the appeal is not maintainable. Hence, the following: ORDER (i) The appeal is dismissed as not maintainable. (ii) The office is directed to return the Copy of the impugned order and other documents to the appellant. (iii) The appellant is at liberty to take necessary legal steps under the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023. Sd/- (G BASAVARAJA) JUDGE BKN/List No.: 1 Sl No.: 9