Sri.K.P.Ramachandrappa, Vs Mr.C.Kishor Kumar — Karnataka HC (2025) — LawSathi Research

Sri.K.P.Ramachandrappa, Vs Mr.C.Kishor Kumar — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed with liberty to approach the Sessions Court; the learned counsel for the appellant undertook to approach the Sessions Court within one month from the date of the judgment, and the submission was taken on record.

Issue for consideration

Whether the criminal appeal filed by the complainant/victim under Section 378(4) Cr.P.C. (filed u/s 419(4) BNSS) against the order dated 03.05.2025 of the IV Addl. Chief Judicial Magistrate, Bengaluru City in P.C.R No.7222/2019 is maintainable before the High Court, or whether the victim ought to approach the Sessions Court.

Court's answer

In view of the latest judgment of the Hon'ble Supreme Court reported in 2025 SCC Online SC 1320, the appellant, being the victim, ought to approach the Sessions Court to file the necessary appeal; accordingly, the office objections regarding maintainability of the appeal are sustained.

Key takeaways

If a delay application is filed along with the appeal before the Sessions Court, Article 14 of the Limitation Act would be applicable.obiter¶32

Detailed headnote1 paragraphs

Criminal Appeal (CRL.A No. 1376 of 2025), High Court of Karnataka at Bengaluru (S Rachaiah, J.), decided 11-07-2025: Appeal by the complainant/victim under S.378(4) Cr.P.C. (filed u/s 419(4) BNSS) against the order dated 03.05.2025 of the Hon'ble IV Addl. Chief Judicial Magistrate, Bengaluru City in P.C.R No.7222/2019, praying to be permitted to file his protest memo/objection to the B-report and to have it heard and disposed of on merits — Held: In view of the latest Supreme Court judgment reported in 2025 SCC Online SC 1320, the appellant being the victim ought to approach the Sessions Court to file the necessary appeal; the office objections regarding maintainability are sustained; the appeal stands dismissed with liberty to approach the Sessions Court; the counsel's undertaking to approach the Sessions Court within one month is taken on record; any delay application filed along with such appeal would attract Article 14 of the Limitation Act.

1 - NC: 2025:KHC:25492 CRL.A No. 1376 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1376 OF 2025 (A)

BETWEEN:

SRI.K.P.RAMACHANDRAPPA S/O.SRI.KOLLAPPA PUJARI AGED ABOUT 45 YEARS R/AT NO.216, 4TH 'D' CROSS 3RD BLOCK, HRBR LAYOUT KALYAN NAGAR POST BANGALORE 560 043 …APPELLANT

(BY SRI. GOPALAKRISHNA GOWDA I., ADV.)

AND:

MR.C.KISHOR KUMAR, S/O.SRI.CHANDRAGIRI NAIK AGED ABOUT 48 YEARS R/AT.NO.403, SKYLARK TOPAZ V MAIN, JAGADISHNAGAR NEW TIPPASANDRA POST BANGALORE-560 075 ALSO AT MACHENALLI TANDYA LAKYA HOBLI, VIA KALASAPURA CHIKAMAGALURU TALUK AND DIST.

Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

MR.P.VENU GOPAL REDDY S/O.LATE. SRI.L.PAPAIAH REDDY AGED ABOUT 64 YEARS R/AT.NO.109, 9^TH B MAIN ROAD CHAIRMAN LAYOUT, DODDA BANASWADI BENGALURU 560 043

SMT.RATNA.O, W/O.MR.P.VENU GOPAL REDDY

2 - NC: 2025:KHC:25492 CRL.A No. 1376 of 2025

HC-KAR

AGED ABOUT 55 YEARS R/AT.NO.109, 9^TH B MAIN ROAD CHAIRMAN LAYOUT DODDA BANASWADI BENGALURU 560 043

MR.SHEKAR.V.REDDY S/O.MR.P.VENU GOPAL REDDY AGED ABOUT 35 YEARS R/AT.NO.109, 9TH B MAIN ROAD CHAIRMAN LAYOUT DODDA BANASWADI BENGALURU 560 043

MR.DIWAKAR.V.REDDY, S/O.MR.P.VENU GOPAL REDDY AGED ABOUT 32 YEARS R/AT.NO.109,9TH B MAIN ROAD CHAIRMAN LAYOUT, DODDA BANASWADI BENGALURU 560 043

THE STATE BY BANASAWADI POLICE, BANASAWADI POLICE STATION BENGALURU CITY 560 043 …RESPONDENTS

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.PC (FILED U/S 419(4) OF BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED. 03.05.2025 PASSED BY HONBLE IV ADDL. CHIEF JUDICIAL MAGISTRATE AT BENGALURU CITY IN P.C.R NO.7222/2019 AND PLEASED TO DIRECT THE HONBLE COURT BELOW TO PERMIT THE APPELLANT TO FILE HIS PROTEST MEMO/OBJECTION TO B- REPORT AND TO HEAR HIM AND TO DISPOSE OF THE SAME ON MERIT.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

3 -

NC: 2025:KHC:25492 CRL.A No. 1376 of 2025

HC-KAR

ORAL JUDGMENT

In view of the latest judgment of Hon’ble Supreme Court

reported in 2025 SCC Online SC 1320 , the appellant being the victim ought to approach the Sessions Court to file necessary appeal. Therefore, the office objections in respect of maintainability is sustained.

The appeal stands dismissed with liberty to approach the Sessions Court.

The learned counsel for the appellant undertakes to approach the Sessions Court within a period of one month from today. The submission is taken on record.

In case, if the delay application is filed along with the appeal, Article 14 of Limitation Act, would be applicable.

Sd/(S RACHAIAH) JUDGE

List No.: 1 Sl No.: 11

NM