Deepika Bhaskar vs Doni Biddappa
2023 Latest Caselaw 4820 Kant

                                                -1-
                                                         CRL.A No. 656 of 2023
                                                           NC: 2023:KHC:25734




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 25TH DAY OF JULY, 2023

                                             BEFORE
                               THE HON'BLE MS JUSTICE J.M.KHAZI
                               CRIMINAL APPEAL NO. 656 OF 2023


                   BETWEEN:

                         DEEPIKA BHASKAR,
                         D/O. DR. BHASKAR,
                         AGED ABOUT 35 YEARS,
                         R/AT NO.387/B, 2ND CROSS,
                         DOLLARS COLONY,
                         J.P. NAGAR, 4TH PHASE,
                         BANGALORE - 560 078.
                                                                   ...APPELLANT
                   (BY SRI. VISHNUMURTHY, ADVOCATE)

                   AND:

                   1.    DONI BIDDAPPA,
                         S/O. K.C. SUBBAIH,
Digitally signed
                         AGED ABOUT 45 YEARS,
by REKHA R               R/AT NO.1091, 23RD "A" CROSS,
Location: High           23RD MAIN, SECTOR-2,
Court of                 H.S.R LAYOUT,
Karnataka
                         BANGALORE - 560 102.

                   2.    STATE OF KARNATAKA BY
                         J.P. NAGAR P.S.,
                         REPRESENTED BY SPP,
                         HIGH COURT OF KARNATAKA,
                         BANGALORE - 01.
                                                                ...RESPONDENTS

                   (BY SRI. K. NAGESHWARAPPA, HCGP FOR R2/STATE)
                             -2-
                                    CRL.A No. 656 of 2023
                                       NC: 2023:KHC:25734




     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) OF CODE OF CRIMINAL PROCEDURE PRAYING SET
ASIDE THE JUDGMENT PASSED BY LEARNED XXX ADDITIONAL
CMM, BENGALURU IN C.C.NO.25860/2015 VIDE DATED
20.12.2022; CONVICT THE RESPONDENT NO.1 FOR AN
OFFENCE P/U/S.498(A),3 & 4 OF D.P. ACT.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                        JUDGMENT

This is an appeal filed by victim challenging the

acquittal of the respondents/accused for the offence

punishable under Section 498(A) of I.P.C and Sections 3 &

4 Dowry Prohibition Act, 1961, passed by the 30th

Additional Chief Metropolitan Magistrate, Bengaluru, in

C.C.No.25860/2015.

2. Since the impugned order is passed by the

Magistrate, the appeal lies before the Sessions Court.

3. Reserving liberty to the complainant to file

appeal before the Sessions Court, this appeal stands

disposed of as not maintainable before this Court.

4. The complainant is permitted to file the appeal

within a period of one month, in which event, the period

CRL.A No. 656 of 2023 NC: 2023:KHC:25734

spent before this Court shall be deducted from the period

of limitation.

Pending interlocutory applications, if any, stand

disposed of.

Sd/-

JUDGE

URN

CT: THK