- 1 - HC-KAR NC: 2025:KHC:44529 CRL.A No. 1492 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1492 OF 2021 (378(Cr.PC) / 419(BNSS)) BETWEEN: THE STATE OF KARNATAKA, REP. BY INSPECTOR OF POLICE, KARNATAKA LOKAYUKTA POLICE, BENGALURU CITY WING, BENGALURU – 560 001. (REP. BY SPL. PUBLIC PROSECUTOR, BENGALURU.) …APPELLANT (BY SRI. ASHWIN S HALADY., ADV.) AND: K. RAMAKRISHNA MAJOR, JUNIOR ENGINEER (V), O/O THE E & M SECTION 15(1), BHADRAPPA EXTENSION, C-4, SUB DIVISION, BESCOM, KODIGEHALLI, BENGALURU-560092. R/AT. NO.96, 3RD MAIN, MICO LAYOUT, J C NAGAR, MAHALAKSHMI LAYOUT, BENGALURU-560086. …RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT.) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44529 CRL.A No. 1492 of 2021 THIS CRL.A IS FILED U/S.378(1)(3) CR.P.C BY THE SPL.P.P FOR THE STATE PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER DATED 28.11.2018 PASSED BY THE LXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-78) IN SPL.C.C.NO.186/2012 ACQUITTING THE RESPONDENT FOR THE OFFENCE P/U/S 7,13(1)(d) R/W 13(2) OF P.C ACT AND ETC. THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT ORDER ON IA.I/2024 This Court has passed an order on 07.08.2024 that it is found that there is absolutely no reasonable grounds made out in the affidavit. At that stage, the appellant counsel sought time to file better affidavit. Till this day, better affidavit is not filed. Hence, I have perused the affidavit supporting the application under Section 5 of Limitation Act, to condone the delay of 383 days. 2. This application is supported with the affidavit of Purnachandra Tejaswi.M.S, DYSP, Karnataka Lokayukta, Bengaluru, in which it is stated that the Government of - 3 - HC-KAR NC: 2025:KHC:44529 CRL.A No. 1492 of 2021 Karnataka (Home Department) accorded its approval and authorization for filing an appeal before this Court. Thereafter, file pertaining to this case was entrusted to their panel advocate representing the Lokayukta and their panel advocate after receiving the file, sought for all the documents/evidence, exhibits etc., in Spl.C.C.No. 186/2012, on the file of the LXXVII Addl. City Civil and Sessions Judge, Bengaluru. It has taken time to collect the required documents. 3. Further, it is stated that, due to COVID-19 pandemic situation, the file could not be proceeded further for instituting this criminal appeal before this Court. On all these grounds sought for allowing this application. 4. A perusal of the office note, it is clear that COVID-19 period is already excluded. The appellant has not produced the materials to support the averments made in the affidavit. Despite granting more than a year to file better affidavit, appellant has not complied with the order of this Court. Hence I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC:44529 CRL.A No. 1492 of 2021 ORDER IA.I/2024 filed under Section 5 of Limitation Act is dismissed. Consequently, appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 29