Karnataka High Court

CRL.A/410/2022 of THE STATE OF KARNATAKA Vs GIRISHA K S on 22 September 2026

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CNR: KAHC010102552022 NC: 2026:KHC:52198 CRL.A No. 410 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 410 OF 2022 ( A ) BETWEEN: 1. THE STATE OF KARNATAKA REP. BY POLICE INSPECTOR

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22ND DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE G BASAVARAJA

CRIMINAL APPEAL NO. 410 OF 2022 (A)

BETWEEN:

1.

THE STATE OF KARNATAKA

REP. BY POLICE INSPECTOR

BIRUR POLICE STATION

REPRESENTED BY THE

STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDINGS,

BENGALURU - 560001.

…APPELLANT

(BY SRI. K. NAGESHWARAPPA, HCGP)

AND:

1.

GIRISHA K S

AGED ABOUT 27 YEARS

S/O SHIVANNA

2.

SOMA @ SOMANATHA K S

AGED ABOUT 31 YEARS

S/O SHIVANNA

3.

REVANNA K S

AGED ABOUT 31 YEARS

S/O SHIVANNA

4.

LOKESH

S/O SIDDAPPA

AGED ABOUT 51 YEARS

5.

NINGAPPA

S/O SIDDAPPA

AGED ABOUT 52 YEARS

Digitally signed by

LAKSHMINARAYAN N

Location: High Court of

Karnataka

HC-KAR

ALL ARE AGRICULTURISTS,

R/AT B. KODIHALLI, BIRURU HOBLI,

KADURU TALUK,

CHIKKAMAGALURU DISTRICT-577548.

…RESPONDENTS

(BY SMT. JYOTHI S.K., ADV.)

CRL.A FILED U/S.378(1)(3) CR.P.C BY THE S.P.P FOR THE

STATE PRAYING THAT THIS HONBLE COURT MAY BE PLEASED

TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND

ORDER OF ACQUITTAL DATED 22.10.2021 PASSED BY THE

LEARNED III ADDL. CIVIL JUDGE AND JMFC, KADURU IN

C.C.NO.663/2019 THEREBY ACQUITTING THE RESPONDENTS

FOR

THE

ALLEGED

OFFENCES

P/U/S

143,147,148,323,324,114,504,506 R/W 149 OF IPC AND ETC.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

Respondent counsel is present through video conferencing.

1. The State has preferred this appeal against the judgment of acquittal passed by the III Addl. Civil Judge and JMFC, Kadur in CC No.663/2019 dated 22.10.2021.

2. The trial Court has acquitted the accused for the offences punishable under Section 143, 147, 148, 323, 324, 114, 504, 506 read with Section 149 of IPC. The

HC-KAR

alleged commission of offence punishable under Section 324 of IPC is cognizable and non-bailable offence. In view of Section 378(1)(a) where the Magistrate has passed the judgment of acquittal in respect of cognizable and non- bailable offence, the appeal lies to the Court of Sessions. Hence, I proceed to pass the following:

O R D E R

Registry is directed to return the appeal to the State/appellant to re-present the same before the jurisdictional Sessions Court, in accordance with law.

Accordingly, appeal is disposed off.

Sd/- (G BASAVARAJA) JUDGE

KBM LIST NO.: 1 SL NO.: 23

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