Karnataka High Court
CRL.RP/1425/2026 of STATE OF KARNATAKA Vs VEERAIAH on 28 September 2026
CNR: KAHC010627072026 NC: 2026:KHC:53748 CRL.RP No. 1425 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. 1425 OF 2026 (397(Cr.PC) / 438(BNSS)) BETWEEN: STATE OF KARNATAKA
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. 1425 OF 2026
(397(Cr.PC) / 438(BNSS))
BETWEEN:
STATE OF KARNATAKA
BY REGIONAL TRANSPORT OFFICER,
DAVANGERE REPRESENTED BY
THE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560 001.
…PETITIONER
(BY SRI. M. SRINIVAS KUMAR, HCGP)
AND:
VEERAIAH
S/O MAHESHWARAIAH MATHOD,
AGED ABOUT 45 YEARS,
R/O VASANA VILLAGE,
HARIHARA TALUK,
DAVANAGERE DISTRICT-577 001.
…RESPONDENT
THIS CRL.RP IS FILED U/S 397 R/W SECTION 401 CR.PC
(FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER OF ACQUITTAL DATED 17.12.2019
PASSED IN C.C. NO.2662/2012 BY JUDICIAL MAGISTRATE, FIRST CLASS, SECOND CLASS, DAVANGERE CITY, ACQUITTED
THE RESPONDENT OF THE OFFENCES PUNISHABLE UNDER
SECTION 12 OF THE KARNATAKA MOTOR VEHICLE ACT, 1957, WHICH WAS CONFIRMED BY THE LEARNED I ADDITIONAL
DISTRICT
AND
SESSIONS
JUDGE,
DAVANGERE
IN
CRL.A.06/2020 DATED 20.09.2025 AND RECORD ACQUITTAL
OF THE RESPONDENT/ACCUSED BY ALLOWING THE ABOVE
REVISION PETITION AND ETC.
K B GEETHA
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE GEETHA K.B.
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ORAL ORDER
Learned HCGP has filed a memo of even date, which reads as under : "The undersigned prays this Hon'ble Court that, the State herein as petitioner has challenged the Judgment and Order of acquittal passed by the both Lower Court and Appellate Court. Therefore, permit the State to convert the above Criminal Revision Petition to Criminal Appeal as per the provisions of BNSS in the interest 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
K B GEETHA
HC-KAR
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
rs List No.: 1 Sl No.: 7
Digitally Signed By: K B GEETHA