Smt S K Kalavathi v. the State of Karnataka

Karnataka HC25 Nov 2025CRL.A/2322/2025

Case brief

AI extract

What is this about?

High Court of Karnataka at Bengaluru; CRL.A No. 2322 of 2025; decided 25-11-2025 by Justice G Basavaraja; appeal against acquittal; S.372 Cr.P.C; S.413 BNSS; S.378(1)(b) CrPC; cognizable and non-bailable offence; Section 420 IPC; Sections 415, 417, 418, 423 r/w 149 IPC; CC No.25/2016 Tumakuru; acquittal dated 29.09.2025; withdrawal of appeal; presentation before jurisdictional Sessions Court; Section 14 Limitation Act benefit; return of memorandum of appeal; appeal disposed.

What did the court decide?

Permission to withdraw the appeal and re-present it before the jurisdictional Sessions Court within one month, with the benefit of Section 14 of the Limitation Act; Office directed to return the memorandum of appeal along with the papers to the appellant. ¶¶41

Smt S K Kalavathi Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether this appeal against the acquittal lies before the High Court or the jurisdictional Sessions Court, given that the offence under Section 420 IPC is cognizable and non-bailable.

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Court's answer

Since the offence punishable under Section 420 IPC is cognizable and non-bailable, in view of Section 378(1)(b) of the Code of Criminal Procedure the appeal against the order of acquittal lies to the Sessions Court.

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Ratio / Principle

The applicant (appellant) is permitted to withdraw this appeal and present the same before the jurisdictional Sessions Court, and the Office is directed to return the memorandum of appeal along with the papers to the appellant.

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Key takeaways

The appellant shall present the appeal before the jurisdictional Sessions Court within one month from the date of this order and is permitted to avail the benefit of the provisions of Section 14 of the Limitation Act.ratio¶¶40

Detailed headnote1 paragraphs

Criminal Appeal (CRL.A No. 2322 of 2025) filed under S.372 Cr.P.C (S.413 BNSS) by Smt. S.K. Kalavathi against the acquittal of Respondent Nos. 2 to 8 dated 29.09.2025 in CC No.25/2016 (offences punishable under Sections 415, 417, 418, 420, 423 r/w 149 IPC) passed by the Principal Senior Civil Judge and CJM, Tumakuru. Via a Memo dated 25.11.2025, the appellant prayed for transfer of the appeal to the jurisdictional Sessions Court since the Section 420 IPC offence is cognizable and non-bailable. Held (G Basavaraja, J.): in view of Section 378(1)(b) of the Code of Criminal Procedure, an appeal against such an order of acquittal lies to the Sessions Court; the appellant was permitted to withdraw the appeal and present it before the jurisdictional Sessions Court within one month, availing the benefit of Section 14 of the Limitation Act, with the Office directed to return the memorandum of appeal and papers. Appeal disposed of accordingly.

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NC: 2025:KHC:48937 CRL.A No. 2322 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2322 OF 2025 (A)

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BETWEEN:

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SMT. S. K. KALAVATHI S/O. SRI. B.N. SHIVANNA, AGED ABOUT 45 YEARS, R/AT. NO.648, 12^TH CROSS, 5^TH MAIN ROAD, M.C. LAYOUT, VIJAYANAGAR, BENGALURU-560040

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…APPELLANT

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(BY SRI. NAGENDRA KUMAR K., ADV.)

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AND:

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Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA TUMKUR TOWN POLICE STATION, TUMAKURU-572 101 PRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560001.

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SMT. SHARADAMMA W/O. LATE T.R. JAYANNA, AGED ABOUT 67 YEARS, R/AT. BEHIND RAMAKRISHNA ASHRAMA, AMARAJYOTHINAGARA, TUMAKURU TOWN, TUMAKURU-572 101

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SMT. KALAVATHI D/O. LATE T. R. JAYANNA, AGED ABOUT 49 YEARS, R/AT. BEHIND RAMAKRISHNA ASHRAMA, AMARAJYOTHINAGARA, TUMAKURU TOWN, TUMAKURU-572 101

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2 - NC: 2025:KHC:48937 CRL.A No. 2322 of 2025

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HC-KAR

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SMT. ARUNA W/O. SRI. A. CHANDRAPPA, AGED ABOUT 47 YEARS, R/AT. DEVIRAPALLI VILLAGE, HOSURU TALUK, KRISHNAGIRI, TAMILNADU STATE - 635 103

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SRI. NAGARAJU S/O. LATE T.R. JAYANNA, AGED ABOUT 41 YEARS, R/AT. BEHIND RAMAKRISHNA ASHRAMA, AMARAJYOTHINAGARA, TUMAKURU TOWN, TUMAKURU-572 101

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SRI. DHARMA S/O. LATE T.R. JAYANNA, AGED ABOUT 41 YEARS, R/AT. BEHIND RAMAKRISHNA ASHRAMA, AMARAJYOTHINAGARA, TUMAKURU TOWN, TUMAKURU-572 101

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SRI. A. CHANDRAPPA S/O. LATE ANJINAPPA AGED ABOUT 57 YEARS, R/AT. DEVIRAPALLI VILLAGE, HOSURU TALUK, KRISHNAGIRI, TAMILNADU STATE - 635 103.

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SRI. G.B. VASANTH KUMAR S/O. SRI. R. BASAVARAJU, AGED ABOUT 40 YEARS, R/AT. HOUSE NO.1106, ASHOKANAGARA EXTENSION, TUMKUR TOWN, TUMAKURU - 572 101

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…RESPONDENTS

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(BY SRI. RANGASWAMY R., HCGP FOR R1, NOTICE NOT ORDER IN R/O R2 TO R8.)

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NC: 2025:KHC:48937 CRL.A No. 2322 of 2025

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HC-KAR

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THIS CRL.A IS FILED U/S 372 CR.P.C (U/S 413 BNSS) PRAYING TO SET ASIDE THE IMPUGNED DTD 29.09.2025 IN CC.NO.25/2016 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, AT TUMAKURU AND CONVICTING THE RESPONDENT NOS.2 TO 8, FOR THE OFFENCES P/U/S 415,417,418,420,423 R/W 149 OF IPC.

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

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CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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In this appeal, the learned counsel for the appellant has filed Memo dated 25th November, 2025. The same reads as under:

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" MEMO

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Undersigned Counsel for the appellant prays before this honourable court that the above appeal is filed against the acquittal of the accused under section 415, 417, 418, 420 and 423 C/W section 149 of IPC in CC No.25/2016 dated 29.09.2025 passed by the Principal Senior Civil Judge and CJM, Tumakuru and the section 420 of IPC which is cognizable and non-bailable offence in nature. Hence, this appeal lies before the session Court of Tumakuru. Wherefore, the appellant prays to transfer the appeal to the jurisdictional sessions, Court in the interest of justice. ”

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NC: 2025:KHC:48937 CRL.A No. 2322 of 2025

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HC-KAR

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The offence punishable under section 420 of

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Indian penal code is cognizable and non-bailable in nature. In view of section 378(1)(b) of Code of Criminal Procedure, appeal lies to the Sessions Court against the order of acquittal as the offence is cognizable and nonbailable. Hence the applicant is permitted to withdraw this appeal and present the same before the jurisdictional Sessions Court. Office is directed to return the memorandum of appeal along with the papers to the appellant. The appellant shall present the same before the jurisdiction Sessions Court within one month from this

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date. Applicant is also permitted to avail the benefit of provisions of section 14 of Limitation Act.

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Appeal is accordingly disposed of.

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Sd/(G BASAVARAJA) JUDGE

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LNN List No.: 1 Sl No.: 20

Smt S K Kalavathi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt S K Kalavathi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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