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2025 DAILYLAW 39227 (KAR)

N A JAYARAM v. THE STATE OF KARNATAKA

CRL.RP/1791/2025 · 2025-11-27

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49268 CRL.RP No. 1791 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1791 OF 2025 BETWEEN: N A JAYARAM S/O. LATE SRI N.S. ANJAIAH SETTY, AGED ABOUT 67 YEARS, NO. 29/2, 4TH MAIN ROAD, NEW THARAGUPET, BANGALORE - 560 002. …PETITIONER (BY SRI DHARMAPALA GOWDA A., ADVOCATE) AND: THE STATE OF KARNATAKA BY THE INSPECTOR OF POLICE, HEBBAGODI P.S. ANEKAL SUB DIVISION BANGALORE DIST - 560 099. REPT BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-1. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 13.11.2024 PASSED IN SPL.C.C.NO.228/2020 AND TO DISCHARGE HIM FROM THE PROCEEDINGS FOR THE OFFENCE P/U/S 143,147,114,427,447,506 R/W 149 OF IPC AND SEC.3CL(2)(v) OF SC/ST (POA) ACT 1989, SUBMITTED BY THE RESPONDENT HEBBAGODI POLICE BEFORE THE HONBLE COURT OF II ADDL.DISTRICT AND SESSIONS JUDGE, BENGLAURU BY ALLOWING HIS APPLICATION FILED UNDER SEC.227 OF CR.PC FOR DISCHARGE AND TO ALLOW THE ABOVE RP. THIS PETITION, COMING ON FOR HEARING ON I.A., THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49268 CRL.RP No. 1791 of 2025 ORAL ORDER Challenging order dated 13.11.2024 passed by II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru, in Spl.C.no.228/2020, dismissing petitioner's application for discharge, this revision petition is filed. 2. There is a delay of 282 days in filing revision petition. I.A.no.2/2025 is filed for its condonation. 3. In affidavit filed in support of application, it is stated that petitioner had earlier filed Crl.P.no.14521/2025 challenging order dated 13.11.2024 in Spl.C.no.228/2020, rejecting petitioner's application for discharge and same was disposed of on 28.10.2025 with liberty to file revision petition. Thereafter, this revision petition is filed. 4. Learned counsel for petitioner further submits that prior to said petition, petitioner had filed Crl.P.no.1209/2022 along with other accused and same was pending for consideration. It is submitted, petitioner was under bonafide impression that criminal petition under Section 482 of CrPC, against impugned order was maintainable. But, same being - 3 - HC-KAR NC: 2025:KHC:49268 CRL.RP No. 1791 of 2025 dismissed, this revision petition is filed. It is also submitted, delay was on account of ill-health and delay in obtaining certified copies and submitted, since delay is sufficiently explained, prayed for condonation of delay. 5. Learned High Court Government Pleader for respondent - State opposed application. 6. This revision petition is filed challenging order dated 13.11.2024 passed in Spl.C.no.228/2020, dismissing petitioner's application for discharge. There is delay of 282 days in filing same. Only explanation offered is about filing of criminal petition earlier. But, it is seen, Crl.P.no.14521/2025 was filed as recently as on 12.10.2025 and same was dismissed on 28.10.2025. Crl.P.no.1209/2022 filed even earlier would not be of any assistance as it was filed prior to order on application for discharge and in any case, it is merely stated that same was not listed and pending for consideration. 7. Thus, there is no explanation for period from date of order impugned i.e., 13.11.2024 till 12.10.2025 i.e., filing of Crl.P.no.14521/2025. For want of explanation, application is without merit and requires to be rejected. - 4 - HC-KAR NC: 2025:KHC:49268 CRL.RP No. 1791 of 2025 8. Ordered accordingly, I.A.no.2/2025 is rejected. Consequently, revision petition and I.A.no.1/2025 are also rejected. SD/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 23