- 1 - NC: 2025:KHC:6860 CRL.RP No. 243 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 243 OF 2025 BETWEEN: 1. M. RAJANNA SON OF LATE MUNIYAPPA AGED ABOUT 50 YEARS RESIDING AT MEENAKUNTE HOSUR VILLAGE DODDAJALA POST, BENGALURU NORTH TALUK-562157 …PETITIONER (BY SRI. SHIVAREDDY K.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY YELAHANKA TRAFFIC POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 26.09.2024 PASSED IN CRL.A.NO.80/2018 BY THE LEARNED CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND ALSO THE JUDGMENT DATED 23.08.2016 PASSED IN C.C.NO.4240/2015 BY THE LEARNED METROPOLITAN TRAFFIC COURT-III AT BENGALURU, PASSED AGAINST THE PETITIONER BE DISMISSED AND ACQUIT THE ACCUSED BY ALLOWING THIS RP. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6860 CRL.RP No. 243 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard on I.A.No.1/2025 and I.A.No.2/2025. This matter is listed for consideration of I.A.No.1/2025 for condonation of delay of 44 days and also for suspension of sentence. The counsel brought to notice of this Court that appeal was dismissed for non-prosecution and offences invoked against the petitioner is under Section 279 and 304A of I.P.C. On perusal of the certified copy of the order sheet, matter was listed for argument and hearing on I.A from 19.07.2018 and revision petitioner also did not assist the Court and ultimately the same was dismissed for non- prosecution. The counsel for revision petitioner would submits that matter may be heard on merits instead of non-prosecution. 2. The counsel for the State-respondent would submits that matter may be remanded to the First - 3 - NC: 2025:KHC:6860 CRL.RP No. 243 of 2025 Appellate Court to consider the same on merits including delay application. 3. Having heard the revision petitioner’s counsel and also the counsel appearing for the respondent and also having considered the order sheet, from 2018 onwards, the petitioner also not assisted the Trial Court in disposal of I.A as well as the main petition. Having taken note of the said fact into consideration and also offences invoked against the petitioner is under Section 279 and 304A of I.P.C. Hence, the First Appellate Court is directed to consider the I.A for condonation of delay and also on merits within a time bound period of 4 months from today. The impugned order is set-aside on cost Rs.5,000/- payable before the First Appellate Court. The said cost shall vest with the State. 4. The revision petitioner and State-respondent are directed to appear before the Trial Court without expecting any notice from the First Appellate Court on 17.03.2025. If cost is not paid, question of considering the - 4 - NC: 2025:KHC:6860 CRL.RP No. 243 of 2025 appeal on merits does not arise. On payment of cost, appeal is restored and consider the same on merits. Accordingly, the revision petition is disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 25