- 1 - HC-KAR NC: 2025:KHC:52553 CRL.A No. 1174 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1174 OF 2024 (A) BETWEEN: STATE OF KARNATAKA BY E AND N POLICE STATION MANGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001. …APPELLANT (BY SRI RANGASWAMY R, HCGP) AND: MITHUN SHETTY, S/O LATE RAGHU SHETTY, AGED ABOUT 40 YEARS, R/AT ROOM NO.701, 7TH FLOOR, ARJUN APARTMENT, BHAGAVATHI NAGARA, WEST BALLAL BAGH, MANGALURU - 575003. …RESPONDENT THIS CRL.A IS FILED U/S 378(1) AND (3) CR.PC BY THE SPP AND CR.PC BY THE ADVOCATE FOR THE APPELLANT FOR STATE PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO 1) GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 19.09.2023 IN SPL.C.NO.178/2019 PASSED BY THE PRL. DIST. AND SESSIONS JUDGE, D.K. MANGALORE, ACQUITING THE ACCUSED/RESPONDENT FOR THE OFFENCE P/U/S 8(c), 20(b)(ii)(B) OF NDPS ACT, 1985 AND ETC. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52553 CRL.A No. 1174 of 2024 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Application is filed at I.A.No.1/2024 under Section 5 of Limitation Act, 1963 to condone the delay of 257 days in filing the Criminal Appeal. The application is supported with the affidavit of Sri.L.M.Yelsangikar, Deputy Director of Prosecution, in which it is stated that the impugned judgment and order under challenge was passed by the Principal District and Sessions Judge, Dakshina Kannada, Mangaluru in Special Case No.178/2019 dated 19.09.2023. The concerned Public Prosecutor applied for the copy of judgment on 20.09.2023 and the same was ready on 23.09.2023 and obtained the same day and forwarded his opinion to law officer (Senior) Mangalore Division on 29.09.2023. The Law Officer (Senior) Mangalore, received the opinion of the said Public Prosecutor on 06.10.2023 and forwarded his opinion to IGP Mangalore on 09.10.2023 and IGP Mangalore, concurring with the opinion of the Law Officer (Senior) Mangalore, in turn furnished the entire - 3 - HC-KAR NC: 2025:KHC:52553 CRL.A No. 1174 of 2024 records on 03.11.2023 to Office of the Director of Prosecution, which was received on 29.11.2023. 2. Sri M.Nagesh, Law Officer (Junior), office of the Director of Prosecution, furnished his opinion on 16.12.2023 and forwarded the same to the deponent and the deponent holding the case as fit for appeal, furnished her opinion on 19.12.2023 and under a covering letter of Director of Prosecution, the entire record was sent to the Principal Secretary, Home, Government of Karnataka on the same day. The Principal Secretary-Home also concurred and recommended through his Order No.H.D.15022:HCP-1:2023 dated 16.04.2024, Bengaluru to prefer an appeal and forwarded the file to the Office of Advocate General, High Court of Karnataka, Bengaluru. 3. Further, it is stated that in view of procedural aspects routing the opinion through the above said offices, there is an inevitable delay in preferring this appeal and thus the delay of 257 days occurred, which deserves to be - 4 - HC-KAR NC: 2025:KHC:52553 CRL.A No. 1174 of 2024 condoned by this Court. On all these grounds, sought to allow the application. 4. The prosecution-State has not produced any materials to substantiate the averments made in the affidavit. 5. Accordingly, the prosecution- State has failed to place sufficient cause to condone the delay in filing this appeal. 6. Hence, I proceed to pass the following: ORDER (i) I.A No.1/2024 is dismissed. (ii) Consequently, the Criminal Appeal is also dismissed. All pending IAs shall stand disposed off. Sd/- (G BASAVARAJA) JUDGE GVP List No.: 1 Sl No.: 13