- 1 - NC: 2025:KHC-K:1629 CRL.A No. 200144 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 200144 OF 2019 (378(Cr.PC)/419(BNSS)) BETWEEN: THE STATE OF KARNATAKA, THROUGH KARNATAKA LOKAYUKTA POLICE STATION, KALABURAGI, REP. BY. SPL. PROSECUTOR LOKAYUKTA, HIGH COURT OF KARNATAKA, KALABURAGI-585104. …APPELLANT (BY SRI. SUBHASH MALLAPUR, ADVOCATE) AND: SHIVAJI S/O AMBAJI KAVALE, AGE: 62 YEARS, OCC: ASST. EXECUTIVE ENGINEER PWP & IP DEPT., VIKAS SOUDHA, BENGALURU, NOW AS ASSIST EXECUTIVE ENGINEER, PANCHAYAT RAJ & RURAL DEVELOPMENT SUB-DIVISION, KALABURAGI, R/O: H.NO. 1-1495/B/7/17, JEWARGI ROAD, GOUDUTAI COLONY, KALABURAGI-585104. …RESPONDENT (BY SRI AVINASH A. UPLAONKAR ,ADVOCATE) THIS CRL.A. IS FILED U/S. 378 (1) AND (3) OF THE CR.P.C PRAYING TO A) GRANT LEAVE TO THE APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 12.06.2017 PASSED BY THE SPL. JUDGE (LOKAYUKTA) AND SESSIONS JUDGE YADGIR IN SPL.CASE NO.11/2014 WHEREIN HAS ACQUITTED THE RESPONDENT FOR THE OFFENCE UNDER SECTION 7, 13 (1) (e) R/W 13 (2) OF THE PREVENTION OF CORRUPTION ACT-1988. B) SET ASIDE THE ORDER OF ACQUITTAL DATED 12.06.2017, PASSED BY THE SPL. JUDGE (LOKAYUKTA) AND SESSIONS JUDGE YADGIR, IN SPL. CASE. NO.11/2014, WHEREIN HAS ACQUITTED THE RESPONDENT FOR THE Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1629 CRL.A No. 200144 of 2019 OFFENCE UNDER SECTIONS 7, 13(1)(E) R/W 13(2) OF THE PREVENTION OF CORRUPTION ACT 1988 AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. This Criminal Appeal is filed by the Lokayukta Police Station, Kalaburagi being aggrieved by the judgment and order of acquittal dated 12.06.2017 passed by the Trial Court in Special Case No.11/2014 on the file of Special Judge (Lokayukta) and Principal Sessions Judge at Kalaburagi. 2. The date of judgment is 12.06.2017 and this appeal is filed on 13.11.2019. However, there is a huge delay in filing the appeal. 3. On perusal of the averments made in the affidavit, there is no compellable reason to condone the delay. Moreover, even on the merit also, it is not able to proceed with the same. Considering the both, I am of the considered opinion that there is no reason to condone the - 3 - NC: 2025:KHC-K:1629 CRL.A No. 200144 of 2019 delay. Hence, I.A.No.1/2021 is dismissed. Consequently, the appeal does not survive for consideration. Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 14 CT:PK