- 1 - HC-KAR NC: 2025:KHC:38476 CRL.RP No. 712 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO.712 OF 2025 (397(Cr.PC)/438(BNSS)) BETWEEN: SRI. CHANNAKESHAVA SON OF KRISHNAPPA.H.P AGED ABOUT 40 YEARS R/AT HANABE VILLAGE AND POST DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK 561203 AND ALSO AT SRI. CHENNAKESHAVA SON OF KRISHNAPPA.H.P AGED ABOUT 40 YEARS NO.001, SAHANA RESIDENCY, (BAGALOOUR MUNE GOWDA APARTMENT) 2ND MAIN, 1ST CROSS, MARUTHINAGARA, BHADRAPPA LAYOUT, BANGALORE-560094. …PETITIONER (BY SMT. ANITHA H.C., ADVOCATE) AND: SRI. H.P.RAJANNA SON OF PAPAIAH, AGED ABOUT 65 YEARS, R/AT HANABE VILLAGE AND POST Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38476 CRL.RP No. 712 of 2025 DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK 561 203. …RESPONDENT (BY MS. APEKSHA.D., ADV. FOR SRI. SUHAS.S., ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER OF DISMISSAL OF CRL.A.NO.10006/2023 DTD 28.02.2025 OF THE LEARNED IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT DODDABALLAPURA, VIDE ANNEXURE-A IN CONFIRMING THE JUDGEMENT OF CONVICTION AND SENTENCE DTD 06.05.2023 PASSED BY II ADDITIONAL CIVIL JUDGE AND JMFC, AT DODDABALLAPURA IN C.C. NO.24/2019 VIDE ANNEXURE-B, SET ASIDE THE ORDERS OF THE COURTS BELOW, BY ALLOWING THIS CRL.RP AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - HC-KAR NC: 2025:KHC:38476 CRL.RP No. 712 of 2025 ORAL ORDER Learned counsel for the petitioner would submit that the petitioner does not contest the petition and seeks only three months time to pay the balance fine amount of Rs.1,50,000/- and submits that Rs.1,50,000/- is already deposited pursuant to sentence passed by the trial Court and confirmed by the Appellate Court. 2. Learned counsel for the respondent does not dispute the fact that Rs.1,50,000/- is in deposit before the trial Court. 3. Learned counsel for the petitioner would also submit that the petitioner is a cab driver and is not in a position to arrange Rs.1,50,000/- within three months and seeks three months time to pay the balance amount. 4. Learned counsel for the respondent would oppose the prayer for granting three months time to pay the amount on the premise that the respondent is not keeping well and he needs money for treatment. - 4 - HC-KAR NC: 2025:KHC:38476 CRL.RP No. 712 of 2025 5. Considering the submission made before the Court and since there is no dispute over the fact that the petitioner is a cab driver and considering the fact that Rs.1,50,000/- is already in deposit before the trial Court, the petition is disposed of granting three months time to the petitioner to pay balance amount to the complainant-respondent. 6. The petitioner to deposit the balance amount before the trial Court. In case the petitioner fails to make payment, the sentence stands revived. 7. The respondent-complainant is at liberty to withdraw the amount of Rs.1,50,000/-, which is already in deposit. A fine amount of Rs.5,000/-, which is said to have been deposited before the trial Court shall also be released in favour of the respondent-complainant. Sd/- (ANANT RAMANATH HEGDE) JUDGE SMJ List No.: 2 Sl No.: 24