- 1 - NC: 2025:KHC:16627 CRL.P No. 5831 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5831 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. LOHITH GOWDA, S/O LATE DEVARAJEGOWDA, AGED ABOUT 33 YEARS 2. SMT. MODAMANI W/O LATE DEVARAJEGOWDA AGED ABOUT 53 YEARS BOTH ARE RESIDING AT APPAGODANAHALLI, KUNDURU HOBLI, ALUR TALUK, HASSAN-573 201. …PETITIONERS (BY SRI. MOHAN KUMAR B M., ADVOCATE) AND: 1. STATE BY ALUR POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. ERAPPAGOWDA S/O LATE NINGEGOWDA AGED ABOUT 63 YEARS R/AT APPAGODANAHALLI, KUNDURU HOBLI, ALUR TALUK, HASSAN - 573 201. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ORDER DATED 22.02.2025 PASSED IN Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16627 CRL.P No. 5831 of 2025 CRL.A.NO.203/2023 DISMISSED THE CRIMINAL APPEAL FOR DEFAULT AND NON PROSECUTION AND TO RESTORE THE CRIMINAL APPEAL ON THE FILE OF THE HONBLE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT HASSAN AND HONBLE COURT OF PRINCIPAL DISTRICT AND SESSIONS COURT TO HEAR THE ARGUMENT AND TO DISPOSE OF THE CASE IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners filed an appeal challenging the judgment convicting them and others for offences punishable under Sections 504, 323, 324, and 506 read with Section 34 of the Indian Penal Code (IPC), and sentencing them to undergo imprisonment for one year. 2. When the appeal was listed for arguments, the petitioners, without sufficient cause, failed to address their arguments, prompting the Trial Court to dismiss the appeal for want of prosecution. 3. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent No.1. 4. Admittedly, the petitioners, without sufficient cause, did not present their arguments, leading to the dismissal of the appeal. However, if the appeal is not restored, the judgment of conviction will attain finality, resulting in the imposition of a one-year imprisonment. To secure the ends of justice, it is - 3 - NC: 2025:KHC:16627 CRL.P No. 5831 of 2025 appropriate to provide one more opportunity to the petitioners to present their arguments. 5. Accordingly, the petition is allowed. The impugned order dated 22.02.2025 passed in Criminal Appeal No.203/2023 by the learned Principal District and Sessions Judge, Hassan, is quashed in its entirety, and the appeal is restored to its original file. 6. The petitioners (accused Nos.1 and 2), along with accused Nos.3 and 4, shall appear before the Trial Court concerned. In the event the petitioners fail to address their arguments, the Trial Court shall proceed in accordance with law. 7. This order is subject to the payment of costs amounting to ₹5,000/- to the State of Karnataka before the next date of hearing. 8. The interim order granted in the appeal is revived and extended until the disposal of the appeal. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM, List No.: 1 Sl No.: 148