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C H Ravikumar Vs D Krishna Kumar — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
C H Ravikumar Vs D Krishna KumarC H Ravikumar v. D Krishna Kumar

Dismissed¶¶33

C H Ravikumar v. D Krishna Kumar

Karnataka HC18 Jun 2026CRL.P/5064/2019

Case brief

AI extract

What is this about?

CRL.P No. 5064 of 2019; High Court of Karnataka, Bengaluru; Justice Ravi V Hosmani; decided 18.06.2026; filed under Section 482 Cr.P.C.; challenge to order dated 20.05.2019 of VI Addl. District and Sessions Judge, Tumkur in Crl.A.No.45/2018 allowing I.A.No.3 of 2018 under Section 389(3) of Cr.PC (Annexure-A); acquittal of respondents 1-3 (accused) on 28.11.2022; HCGP memo; petition dismissed as infructuous; parties: C H Ravikumar (petitioner, adv. B N Shivanna) v. D Krishna Kumar, Shankar Gowda B N, B N Jagadish, State of Karnataka rep. by Kunigal Police (HCGP Sowmya R.).

What did the court decide?

On the HCGP's memo recording that Criminal Appeal no.45/2018 had ended in acquittal of respondents no.1 to 3 (accused) on 28.11.2022 during the petition's pendency, the court took the memo on record and dismissed the petition as having become infructuous.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the order dated 20.05.2019 passed by the Learned VI Additional District and Sessions Judge at Tumkur in Crl.A.No.45/2018, allowing I.A.No.3 of 2018 filed by the respondents under Section 389(3) of Cr.PC, should be set aside.

Court's answer

On the HCGP's memo recording that Criminal Appeal no.45/2018 had ended in acquittal of respondents no.1 to 3 (accused) on 28.11.2022 during the petition's pendency, the court took the memo on record and dismissed the petition as having become infructuous.

Detailed headnote1 paragraphs

Criminal Petition No. 5064 of 2019 (Section 482 Cr.P.C.), High Court of Karnataka at Bengaluru (Ravi V Hosmani, J.), order dated 18.06.2026: Petitioner C H Ravikumar sought setting aside of the order dated 20.05.2019 of the Learned VI Additional District and Sessions Judge, Tumkur in Crl.A.No.45/2018, whereby I.A.No.3 of 2018 filed by respondents 1-3 under Section 389(3) of Cr.PC was allowed (Annexure-A). During pendency, the State (learned HCGP Smt. Sowmya R.) submitted, and filed a memo recording, that Criminal Appeal no.45/2018 had ended in acquittal of respondents no.1 to 3 (accused) on 28.11.2022, rendering the petition infructuous. Taking the memo on record, the court dismissed the petition as infructuous. No precedent was cited and no substantive adjudication of the Section 389(3) question occurred.

A

1 -

NC: 2026:KHC:30161 CRL.P No. 5064 of 2019

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 5064 OF 2019

BETWEEN:

C H RAVIKUMAR S/O LATE HUCHANNA AGED ABOUT 50 YEARS R/AT CHOTTANAHALLI VILLAGE KASABA HOBLI KUNIGAL TALUK - 562 123 TUMKUR DISTRICT.

…PETITIONER

(BY SRI B N SHIVANNA, ADVOCATE)

AND:

D KRISHNA KUMAR S/O LATE DASE GOWDA AGED ABOUT 55 YEARS R/A KANNAGUNI VILLAGE KUNIGAL TALUK

Digitally signed by ANUSHA V Location: High Court of Karnataka

TUMKUR DISTRICT.

SHANKAR GOWDA B N., S/O NAGARAJAIAH (SHOWN AS D SHANKAR @ B N S GOWDA IN TRIAL COURT JUDGMENT) AGED ABOUT 44 YEARS R/A NO.142, 6^TH MAIN HANUMAGIRI HILLS LAYOUT AREHALLI, BANGALORE.

B N JAGADISH S/O D NAGARAJAIAH AGED ABOUT 38 YEARS R/A NO.36, 2^ND CROSS, 7^TH MAIN BSK III STAGE, BANGALORE-560 085.

2 -

NC: 2026:KHC:30161 CRL.P No. 5064 of 2019

HC-KAR

STATE OF KARNATAKA REP BY KUNIGAL POLICE THROUGH STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGLAURU - 560 001.

…RESPONDENTS

(BY SMT. SOWMYA R., HCGP FOR R4)

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AT TUMKUR IN CRL.A.NO.45/2018 DATED 20.05.2019 THEREBY ALLOWING I.A.NO.3 OF 2018 FILED BY THE RESPONDENTS UNDER SECTION 389(3) OF CR.PC MARKED AT ANNEXURE-A.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL ORDER

Smt.Sowmya R., learned HCGP for respondent no.4 -

State submits that order impugned herein was on IA no.3 in Criminal Appeal no.45/2018 before VI Addl. District and Sessions Judge, Tumkur. It was submitted that during pendency of above petition, Criminal Appeal no.45/2018 ended in judgment of acquittal of respondents no.1 to 3 (accused) on 28.11.2022 rendering above petition infructuous.

3 -

NC: 2026:KHC:30161 CRL.P No. 5064 of 2019

HC-KAR

A memo is filed by learned HCGP to said effect.

Taking memo on record, petition is dismissed as

having become infructuous.

Sd/(RAVI V HOSMANI) JUDGE

GRD List No.: 1 Sl No.: 31

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the order dated 20.05.2019 passed by the Learned VI Additional District and Sessions Judge at Tumkur in Crl.A.No.45/2018, allowing I.A.No.3 of 2018 filed by the respondents under Section 389(3) of Cr.PC, should be set aside.¶¶23
The court held
On the HCGP's memo recording that Criminal Appeal no.45/2018 had ended in acquittal of respondents no.1 to 3 (accused) on 28.11.2022 during the petition's pendency, the court took the memo on record and dismissed the petition as having become infructuous.ratio¶¶33

Statutes considered

2 provisions across 1 enactments

AI extract

Criminal Procedure Code482¶¶23 389(3)¶¶23

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 20.05.2019 passed by the Learned VI Additional District and Sessions Judge at Tumkur in Crl.A.No.45/2018, whereby I.A.No.3 of 2018 filed by the respondents under Section 389(3) of Cr.PC was allowed (marked at Annexure-A); the petitioner sought its setting aside.¶¶23
VI Additional District and Sessions Judge, Tumkur · 20.05.2019
Prior proceeding
In Criminal Appeal No.45/2018 before the VI Additional District and Sessions Judge, Tumkur, I.A.No.3 of 2018 filed by respondents 1-3 under Section 389(3) of Cr.PC was allowed by order dated 20.05.2019 (the order impugned in this petition).¶¶23
Prior proceeding
As submitted by the State (learned HCGP), during pendency of the present petition Criminal Appeal no.45/2018 ended in judgment of acquittal of respondents no.1 to 3 (accused) on 28.11.2022, rendering the petition infructuous.¶¶28
Prior proceeding
The learned HCGP filed a memo recording the acquittal in Criminal Appeal no.45/2018 and the resulting infructuousness of the petition.¶¶32

Parties & counsel

AI extract

petitioner
C H Ravikumar S/o Late Huchanna¶¶8
B N Shivanna
respondent
D Krishna Kumar S/o Late Dase Gowda¶¶12
respondent
Shankar Gowda B N., S/o Nagarajaiah (shown as D Shankar @ B N S Gowda in trial court judgment)¶¶15
respondent
B N Jagadish S/o D Nagarajaiah¶¶16
respondent
State of Karnataka rep by Kunigal Police through State Public Prosecutor¶¶20
Sowmya R.

Coram

AI extract

Ravi V Hosmaniauthor¶¶25

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 18 Jun 2026 · June
Registered: 15 Jul 2019
Case no.: CRL.P/5064/2019
CNR: KAHC010201562019
Bench: Ravi V Hosmani
Disposal: DISMISSED
Case type: CRL.P

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Cite this judgement

C H Ravikumar v. D Krishna Kumar, CRL.P/5064/2019 (KA), decided on 18 June 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Criminal Procedure Code482 · 389(3)

View all statutes

Procedural history4

Order dated 20.05.2019 passed by the Learned VI Additional District and Sessions Judge at Tumkur in Crl.A.No.45/2018, whereby I.A.No.3 of 2018 filed by the respondents under Section 389(3) of Cr.PC was allowed (marked at Annexure-A); the petitioner sought its setting aside.VI Additional District and Sessions Judge, Tumkur · 20.05.2019
In Criminal Appeal No.45/2018 before the VI Additional District and Sessions Judge, Tumkur, I.A.No.3 of 2018 filed by respondents 1-3 under Section 389(3) of Cr.PC was allowed by order dated 20.05.2019 (the order impugned in this petition).
As submitted by the State (learned HCGP), during pendency of the present petition Criminal Appeal no.45/2018 ended in judgment of acquittal of respondents no.1 to 3 (accused) on 28.11.2022, rendering the petition infructuous.

View full history

Bench / Coram

Ravi V Hosmani

Parties & counsel