Karnataka High Court
CRL.A/797/2025 of MAHESH. R. V. Vs ARUNA. G on 22 June 2026
NC: 2026:KHC:31004-DB CRL.A No. 797 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF CRIMINAL APPEAL NO. 797 OF 2025 BETWEEN: MAHESH. R. V., S/O VEERAMALLAIAH, AGED ABOUT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
CRIMINAL APPEAL NO. 797 OF 2025
BETWEEN:
MAHESH. R. V.,
S/O VEERAMALLAIAH,
AGED ABOUT 36 YEARS,
2ND MAIN, 4TH CROSS,
SRINAGAR, KYATHSANDRA,
TUMAKURU - 572 104.
…APPELLANT
(BY SRI. MAHESH R.V. (PARTY IN PERSON))
AND:
1.
ARUNA. G,
D/O LATE GOPAL G,
AGED ABOUT 31 YEARS,
BAIRAWESHWARA NILAYA,
1ST BLOCK, 3RD MAIN,
3RD CROSS, KUVEMPU NAGARA,
TUMAKURU - 572 103.
2.
LAKSHMI H,
W/O LATE GOPAL G,
AGED ABOUT 57 YEARS,
BAIRAWESHWARA NILAYA,
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
HC-KAR
1ST BLOCK, 3RD MAIN,
3RD CROSS, KUVEMPUR NAGARA,
TUMAKURU - 572 103.
3.
NARAYANA SWAMY G,
S/O LATE GOPAL G,
AGED ABOUT 24 YEARS,
BAIRAWESHWARA NILAYA,
1ST BLOCK, 3RD MAIN,
3RD CROSS, KUVEMPU NAGARA,
TUMAKURU - 572 103.
…RESPONDENTS
(BY SRI. G.S.VENKAT SUBBARAO., ADVOCATE FOR R1 TO R3)
THIS CRL.A. IS FILED U/S 341 OF CR.PC PRAYING TO 1)
DIRECT THE LEARNED 1ST ADDL. PRINCIPAL JUDGE FAMILY
COURT, TUMAKURU TO CONSIDER THE APPLICATION FILED
U/S 379 OF BNSS 2023 AND CONDUCT A PRELIMINARY
ENQUIRY AND TAKE NECESSARY STEPS BASED ON THE
MERITS AS PER LAW IN A TIME BOUND MANNER.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
This appeal under Section 380 of Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding with Section 341 of Cr.P.C. has been field seeking following prayers:
HC-KAR
"Wherefore, under the circumstances, the appellant above named prays that this Hon'ble Court be pleased to:-
a) Direct the learned 1st additional Principal Judge Family Court, Tumakuru to consider the application filed u/s 379 of BNSS 2023 and conduct a preliminary enquiry and take necessary steps based on the merits as per law in a time bound manner.
b) Issue such other order or direction as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice and enquiry."
2. The appeal lies only against an order either for setting aside or modification of that order. No direction can be given in an appeal. The present appeal is totally misconceived.
Accordingly, we dismiss this appeal as being misconceived. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE Bsv