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2025 DAILYLAW 41189 (KAR)

SMT ARUNA KARNAM v. SRI D A PRABHU DOSS

CRL.P/17448/2025 · 2025-12-26

G Basavaraja

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54771 CRL.P No. 17448 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 17448 OF 2025 BETWEEN: SMT. ARUNA KARNAM, D/O GORAK LAKSHMINARAYAN, AGED ABOUT 50 YEARS, R/AT FLAT NO.22, SAIL COLONY, OPP TO PHILIPS GO-DOWN, OLD BOWENPALLY, SECUNDERABAD, TELANGANA - 500 011. NOW PRESENTLY R/AT NO.12, 13 829/69, STREET NO.11, SRIDISAI NAGAR, NEAR VIJAY DIARY TARNAKA, HYDREBAD, TELANGANA - 500007. …PETITIONER (BY SRI. M. B. RAVIKUMAR., ADVOCATE) AND: SRI. D. A. PRABHU DOSS S/O P. DEVA DOSS, AGED ABOUT 45 YEARS, RESIDING AT NO.7, 6TH A MAIN, RAJKUMAR ROAD, PUNNYA BHUMI LAYOUT, KALKERI MAIN ROAD, BANGALORE - 560043. …RESPONDENT Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54771 CRL.P No. 17448 of 2025 THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 12.11.2025 PASSED BY THE LXXII A.C.C. AND SJ AT BENGALURU (CCH-73) AND PERMIT THE PETITIONER TO COMPLY THE ORDER DATED 14.07.2025 AND PROCEED WITH THE CASE ON MERITS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER The petitioner has filed this petition challenging the order dated 12.11.2025 passed by the LXXII Additional City Civil and Sessions Judge, (CCH-73) Bengaluru seeking permission to comply with the order dated 14.07.2025 and to proceed with the case on merits. 2. That on 12.11.2025, the trial Court has passed the following order: "Respondent present. Both counsels present. - 3 - HC-KAR NC: 2025:KHC:54771 CRL.P No. 17448 of 2025 Counsel for appellant again files an application U/s 389(1) of Cr.P.C with copy of medical record dtd: 07.11.2025 and seek for extension of time to comply the order dtd: 14.07.2025. Already more than 60 days have been lapsed from the date of interim order. Further already this court has granted sufficient time to the appellant for compliance of the order dtd: 14.07.2025. Hence, the prayer of the appellant is hereby rejected and matter is posted for argument on main matter on behalf of appellant, by 0312.2025." 3. Learned counsel for the petitioner submits that the petitioner filed an application on 09.09.2025 under Section 389(1) of Cr.P.C seeking extension of time. The LXXII, Additional City Civil and Sessions Judge, (CCH-73) Bengaluru, extended the time for one month. Thereafter, another short-time application was filed, which was allowed by the Sessions Court on 25.10.2025. Subsequently, the petitioner again filed an application under Section 389(1) of Cr.P.C for extension of time, which was rejected. Being aggrieved by this Order, the petitioner has preferred the present petition. - 4 - HC-KAR NC: 2025:KHC:54771 CRL.P No. 17448 of 2025 4. It is submitted that the petitioner has filed medical records for extension of time. Considering the submissions of learned counsel for the petitioner and in the interest of justice, I proceed to pass the following: ORDER i. The petition is hereby allowed. ii. The petitioner shall deposit the amount on or before 31.01.2026 before the trial Court as per the order passed in Criminal Appeal No.25248/2025, by the LXXII, Additional City Civil and Sessions Judge, (CCH-73) Bengaluru. Sd/- (G BASAVARAJA) JUDGE CH List No.: 1 Sl No.: 36