- 1 - NC: 2025:KHC:16548 CRL.A No. 824 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.824 OF 2025 BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY LOKAYUKTA POLICE, MANGALURU DISTRICT REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. …APPELLANT (BY SRI. B.B.PATIL, ADVOCATE) AND: 1. R. HIRIAYANNA GOWDA S/O. LATE KUNHAPPA GOWDA AGED ABOUT 70 YEARS JUNIOR ENGINEER (ELECTRICAL) MESCOM, KONAJE BRANCH MANGALURU. …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(2)(3) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 26.02.2021 ACQUITTING THE RESPONDENT PASSED BY THE HON’BLE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE FOR TRIAL OF CASES UNDER PC ACT, D.K., MANGALURU IN SPECIAL CASE NO.12/2011 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 7 AND 13(1)(d) R/W SECTION 13(2) OF THE PREVENTION OF CORRUPTION ACT 1988 AND CONSEQUENTLY CONVICT THE RESPONDENT FOR THE SAID OFFENCE. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16548 CRL.A No. 824 of 2025 THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Heard on I.A.No.2/2025 for condonation of delay of 1906 days in filing the appeal. 2. Perused the affidavit filed in support of the application filed for condonation of delay. On perusal of the affidavit, the reason is stated that due to abolition of ACB and heavy workload, could not file the appeal and due to administrative reasons and work load increased due to fresh cases, could not able to file the appeal in time. 3. Having considered the reasons assigned in the affidavit, the impugned judgment was delivered in February, 2021 and no explanation with regard to delay from February 2021 till change of administration on account of decision of the Division Bench of this Court which was passed in the month of August 2022. The explanation given and reason assigned for delay is only from 2022 onwards when there was change in administration till filing of appeal in 2025 and no reason - 3 - NC: 2025:KHC:16548 CRL.A No. 824 of 2025 whatsoever is given for delay from February, 2021 to August 2022 when there was change of administration and except stating due to administrative reason and heavy work load, no reason is assigned and when there is a delay of 1906 days in filing the appeal, each day’s delay has to be explained by the appellant and no such reasons are given except a vague and omnibus statement. In the affidavit, nothing is disclosed on what date papers were entrusted to file the appeal and in a callus manner, when affidavit is prepared and filed before the Court, the question of entertaining the appeal does not arise when there is a huge delay of 1906 delay in filing the appeal. Accordingly, I.A.No.2/2025 is dismissed. Consequently, the criminal appeal is also dismissed. In view dismissal of appeal, I.A.No.1/2025 for special leave do not survive for consideration and the same stands disposed of. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 35