- 1 - NC: 2025:KHC:1584 CRL.P No. 140 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 140 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. SOMAPPA S/O. LATE MUNEPPA AGED ABOUT 60 YEARS, R/O YELLAGARAM VILLAGE AND V KOTA MANADALAM, CHITOOR DISTRICT - 517424 …PETITIONER (BY SRI. HALLI SHANTAPPA BASAPPA.,ADVOCATE) AND: SRI. SHANKARA S/O UPENDRAPPA AGED ABOUT 33 YEARS R/O KADARIGANAKUPPA VILLAGE KYASAMBALLI HOBLI, KGF TALUK, KOLAR DISTRICT - 563121. …RESPONDENT (SERVICE OF NOTICE TO RESPONDENT IS D/W VIDE ORDER DATED 16.01.2025) THIS CRL.P IS FILED U/S 528 IF BNSS PRAYING TO DIRECT THE LEARNED III ADDL.DISTRICT AND SESSIONS JUDGE SITTING AT K.G.F, TO CONSIDER I.A.NO.2 FILED UNDER SEC.430(3) OF BNSS 2023 IN CRL.A.NO.169/2024 AND GRANT SUSPENSION OF SENTENCE OF ORDER OF CONVICTION PASSED BY THE LEARNED MAGISTRATE IN C.C.NO.1224/2024 TILL PENDING DISPOSAL OF THE APPEAL Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1584 CRL.P No. 140 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition the petitioner seeks the following relief: "Direct the learned 3rd ADDL DISTRICT AND SESSIONS JUDGE SITTING AT KGF, to consider IA NO-2, filed under section 430(3) of BNSS, 2023 in CRL.A NO.169/2024 and grant suspension of sentence of order of conviction passed by the learned Magistrate in C.C.NO.1224/2024, till pending disposal of the appeal." 2. Heard the learned counsels for the parties and perused the material on record. 3. For the order proposed, notice to the respondent is dispensed with. 4. The limited request of the petitioner in the present petition is for a direction to the learned Appellate Court/Sessions Court to consider and pass appropriate orders on I.A.No.2 for suspension of sentence filed by the petitioner in Criminal Appeal No.169/2024. It is submitted that the appeal is posted before the learned Appellate Court/Sessions Court on 17.01.2025. - 3 - NC: 2025:KHC:1584 CRL.P No. 140 of 2025 5. In view of the aforesaid facts and circumstances, the learned Appellate Court/Sessions Court is directed to pass appropriate orders on I.A.No.2 within a period of one [1] week from 17.01.2025. With the aforesaid observations, the petition stands disposed of accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB