Dismissed¶72

K Byraiah by Lrs v. Smt Bhagyalaxmi @ Bhagya

Karnataka HC23 Aug 2025CRL.A/1357/2020

Case brief

AI extract

What is this about?

Dismissal of criminal appeals as not surviving in view of remand orders; further cross-examination of P.W.2 directed by First Appellate Court; Section 378(4) Cr.P.C.; Section 374(3) Cr.P.C.; C.C. Nos. 2987 and 2986 of 2017; XIII Additional Chief Metropolitan Magistrate, Bengaluru; Crl.A. Nos. 491 and 493 of 2020; LXXV Additional City Civil and Sessions Judge (CCH.76), Bengaluru; judgment dated 20-3-2025; Venkatesh Naik T; High Court of Karnataka, 2025.

What did the court decide?

In view of the remand orders passed by the First Appellate Court, the criminal appeals do not survive for consideration and are accordingly dismissed. ¶71

K Byraiah by Lrs Vs Smt Bhagyalaxmi @ Bhagya — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:34644 CRL.A No. 1357 of 2020 C/W CRL.A No. 819 of 2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE VENKATESH NAIK T

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CRIMINAL APPEAL NO.1357 OF 2020 (A) CONNECTED WITH CRIMINAL APPEAL NO.819 OF 2020 (A)

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IN CRL.A. No.1357/2020:

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BETWEEN:

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K. BYRAIAH, BY LRS:

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SMT. R. NAGARATHNAMMA W/O. LATE K. BYARAIAH AGED ABOUT 73 YEARS.

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MR. B.S. MANJUNATH S/O. LATE K. BYARAIAH AGED ABOUT 57 YEARS.

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APPELLANT NOS.1 AND 2 ARE RESIDING AT NO.1723/D SECOND STAGE RAJAJINAGAR BENGALURU-560 010.

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Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka

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SMT. B.S. DHANALAKSHMI D/O. LATE K. BYRAIAH AGED ABOUT 55 YEARS NO.395, 2ND CROSS 6TH MAIN, 3RD STAGE, 3RD BLOCK BASAVESHWARANAGAR BENGALURU-560 079.

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…APPELLANTS

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(BY SRI M.J. ALVA, ADVOCATE)

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NC: 2025:KHC:34644 CRL.A No. 1357 of 2020 C/W CRL.A No. 819 of 2020

HC-KAR

AND:

SMT. BHAGYALAXMI @ BHAGYA W/O. RAMANNA AGED ABOUT 38 YEARS RESIDING AT NO.84/2 8TH MAIN ROAD, 1ST "G" CROSS 4TH BLOCK, 3RD STAGE BASAVESHWARA NAGAR BENGALURU-560 079.

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…RESPONDENT

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF THE CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED 29-1-2020 PASSED BY THE XIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN C.C. NO.2987 OF 2017.

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IN CRL.A. NO.819/2020:

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BETWEEN:

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K. BYRAIAH, BY LRS:

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SMT. R. NAGARATHNAMMA W/O. LATE K. BYRAIAH AGED ABOUT 73 YEARS.

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MR. B.S. MANJUNATH S/O. LATE K. BYRAIAH AGED ABOUT 57 YEARS.

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APPELLANT NOS.1 AND 2 ARE RESIDING AT NO.1723/D SECOND STAGE, RAJAJINAGAR BENGALURU-560 010.

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NC: 2025:KHC:34644 CRL.A No. 1357 of 2020 C/W CRL.A No. 819 of 2020

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HC-KAR

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SMT. B.S. DHANALAKSHMI D/O. LATE K. BYRAIAH AGED ABOUT 55 YEARS NO.395, 2ND CROSS 6TH MAIN, 3RD STAGE, 3RD BLOCK BASAVESHWARANAGAR BENGALURU-560 079.

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...APPELLANTS

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(BY SRI M.J. ALVA, ADVOCATE)

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AND:

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MR. RAMANNA S/O. LATE SUBRAYAPPA AGED ABOUT 45 YEARS RESIDING AT NO.84/2 8TH MAIN ROAD 1ST "G" CROSS, 4TH BLOCK 3RD STAGE, BASAVESHWARA NAGAR BENGALURU-560 079.

...RESPONDENT

THESE CRIMINAL APPEALS ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T

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4 - NC: 2025:KHC:34644 CRL.A No. 1357 of 2020 C/W CRL.A No. 819 of 2020

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HC-KAR

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ORAL JUDGMENT

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Learned counsel for the appellants is physically present and submits that the above appeals are arising out of common judgment of conviction and order on sentence dated 29-1-2020 passed in Criminal Case Nos.2987 of 2017 and 2986 of 2017 by the XIII Additional Chief Metropolitan Magistrate, Bengaluru. Against the said judgment, the respondent in Criminal Appeal No.1357 of 2020 preferred Criminal Appeal No.491 of 2020, and the respondent in Criminal Appeal No.819 of 2020 preferred Criminal Appeal No.493 of 2020, before the LXXV Additional City Civil and Sessions Judge, (CCH.76), Bengaluru. The First Appellate Court, by judgment dated 20-3-2025, allowed the appeals filed by the respondent(s) and remanded the matter to the trial Court with a direction to cross-examination PW2 and then to dispose of

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the matter in accordance with law. Hence, the learned counsel submits that the present appeals do not survive for consideration and prayed for dismissal of the appeals.

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NC: 2025:KHC:34644 CRL.A No. 1357 of 2020 C/W CRL.A No. 819 of 2020

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HC-KAR

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The operative portion of the judgment dated

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20-3-2025 passed by the First Appellate Court in Criminal

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Appeal No.491 of 2020 reads as under:

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"The criminal appeal filed under Section 374(3) of Cr.P.C. is hereby allowed.

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Consequently, the judgment of conviction and order of sentence passed by the learned XIII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.2987/2017 dated: 29.01.2020 is hereby set aside.

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The matter is remitted to the trial Court with a direction to afford to the appellant to further cross examine to P.W.2 and argue matter and then to dispose of the same in accordance with law.

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Trial Court records are to be consigned to the trial Court along with copy of this judgment forthwith."

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The operative portion of the judgment dated

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20-3-2025 passed by the First Appellate Court in Criminal Appeal No.493 of 2020 reads as under:

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"The criminal appeal filed under Section 374(3) of Cr.P.C. is hereby allowed.

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Consequently, the judgment of conviction and order of sentence passed by the learned XIII Additional Chief

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6 - NC: 2025:KHC:34644 CRL.A No. 1357 of 2020 C/W CRL.A No. 819 of 2020

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HC-KAR

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Metropolitan Magistrate, Bengaluru in C.C.No.2986/2017 dated: 29.01.2020 is hereby set aside.

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The matter is remitted to the trial Court with a direction to afford to the appellant to further cross examine to P.W.2 and argue matter and then to dispose of the same in accordance with law.

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Trial Court records are to be consigned to the trial Court along with copy of this judgment forthwith."

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