Karnataka High Court

CRL.RP/1521/2026 of H M SATHISH Vs R P DEVARAJ on 28 September 2026

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CNR: KAHC010657482026 NC: 2026:KHC:53749 CRL.RP No. 1521 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MRS. JUSTICE GEETHA K.B. CRIMINAL REVISION PETITION NO. 1521 OF 2026 (397(Cr.PC) / 438(BNSS)) BETWEEN: H M SATHISH S/O.

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MRS. JUSTICE GEETHA K.B.

CRIMINAL REVISION PETITION NO. 1521 OF 2026

(397(Cr.PC) / 438(BNSS))

BETWEEN:

H M SATHISH

S/O. MAHADEVAPPA

AGED ABOUT 37 YEAR

OCC: AGRI AND BUSINESS

R/O: NANDI DIGITAL PHOTO STUDIO

NRUPATHUNGA ROAD, CHANNAGIRI

TQ: CHANNAGIRI, DIST: DAVANAGERE.

…PETITIONER

(BY SRI. P. MANJUNATHA, ADVOCATE)

AND:

R.P. DEVARAJ

S/O R.M PALAKSHAPPA

AGED ABOUT 37 YEAR.

R/O. C/O. THEERTHALINGAPPA,

NANDI THEERTHANILAYA, 2ND CROSS,

2ND STAGE, DAMODARA COLONY,

HUDCO, VINOBHA NAGAR,

OPPOSITE VEGETABLE MANDI,

SHIVAMOGGA CITY

TQ AND DISTRICT: SHIVAMOGGA.

…RESPONDENT

K B GEETHA

HC-KAR

THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438

R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT OF

ALLOWING

THE

APPEAL

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ORDER

DATED 31.07.2026 IN CRL.A.NO.159/2024 PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE GEETHA K.B.

ORAL ORDER

Office has raised the objection regarding maintainability of the criminal revision petition.

2. Initially the accused was convicted in criminal case and then he was acquitted in criminal appeal.

3. Against acquittal, as per Section 419 (4) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short 'BNSS'), with special leave of the court, criminal appeal can be filed, but revision petition is not maintainable in law.

K B GEETHA

HC-KAR

4. Hence, revision petition is disposed of with a liberty to the revision petitioner to file appropriate criminal appeal.

(GEETHA K.B.) JUDGE

rs List No.: 2 Sl No.: 1

Digitally Signed By: K B GEETHA

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