- 1 - NC: 2025:KHC:8504 CRL.RP No. 721 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 721 OF 2024 BETWEEN: 1. B.G.CHANNABASAPPA AGED ABOUT 60 YEARS S/O. LATE GURUSIDDAPPA R/AT BOOHALLI KADA HALLI POST SATHANUR HOBLI KANAKAPURA TALUK, RAMANAGARA DISTRICT. …PETITIONER (BY SMT. ARCHANA MURTHY P., ADVOCATE) AND: 1. SMT. SHIVABASAMMA B.S. @ PREMA W/O. B.G.CHANNABASAPPA AGED ABOUT 51 YEARS R/AT NO.17, HIG-2 SBI BUILDING, KHB COLONY, HOOTAGALLI, BELAVADI POST MYSURU. …RESPONDENT (BY SMT. SANDHYA S., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SETTING ASIDE THE JUDGMENT AND ORDER OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU DATED 26.08.2021 IN CRL.A.NO.59/2021 BY CONFIRMING THE JUDGEMENT AND ORDER OF THE V JMFC, MYSURU, DATED 04.02.2021 IN CRL.MISC.NO.898/2020. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8504 CRL.RP No. 721 of 2024 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 learned counsel for petitioner and learned counsel for respondent. 2. Perused the affidavit filed in support of the application-I.A.No.1/2024, where there is a delay of 689 days and the impugned order was passed on 26.08.2021 and revision petition is filed on 27.05.2024. Even though there is a delay of 1,005 days and 90 days is exempted, there is delay of 915 days and when Covid benefit of 187 days is given, the question of vacation benefit does not arise and even after providing vacation benefit, this calculation of 689 days is made, the delay is inordinate. On perusal of the affidavit, nothing is stated with regard to on what date the petitioner came to know about the impugned order and no reason is assigned in the affidavit filed in support of the application to condone the delay. When such being the material on record and no reason has been assigned to condone the delay, question of condoning the delay does not arise and the Court cannot grant any relief, if a - 3 - NC: 2025:KHC:8504 CRL.RP No. 721 of 2024 party approaches the Court on his whims and fancies and each day’s delay has to be explained and no satisfactory explanation is given in the affidavit. Hence, I.A.No.1/2024 is rejected and consequently, criminal revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 22