- 1 - HC-KAR NC: 2025:KHC:30385 CRL.RP No. 1040 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1040 OF 2025 BETWEEN: SRI ARUNA N, S/O NINGAPPA H.G, AGED ABOUT 39 YEARS, KA-18-F-811 KSRTC BUS DRIVER, BADGE NO.1789, ARASIKERE DEPO., R/AT. HARALAHALLI VILLAGE, JAVAGA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT. …PETITIONER (BY SRI AKSHAY RAMACHANDRA HUDDAR, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH ARASIKERE BANAVARA PS., REP. BY ITS SPP, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI DIVAKAR MADDUR, HCGP) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 29.04.2025 RESTORATION IN THE CRL.A.NO.165/2024 BEFORE THE IIND ADDL.DISTRICT AND SESSIONS JUDGE, AT HASSAN SET HIM AT LIBERTY. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30385 CRL.RP No. 1040 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed against the order dismissing the criminal appeal for non-prosecution. The said Criminal appeal No.165/2024 is dismissed on 29.042025 as the counsel for the appellant was not present before the Sessions Court. 2. It is stated that advocate who represented the appellant inadvertently did not take the date fixed for hearing in his diary and as such, he did not appear before the Court. 3. Noticing the fact that petitioner/accused has suffered an order of conviction and he has been convicted for offence punishable under Sections 279, 304A, 337 Indian Penal Code and sentenced to undergo imprisonment for six months along with fine, this Court is of the view that the matter has to go back to the First Appellate Court to afford an opportunity to the petitioner to address his contention. Hence, the impugned order is set-aside. Matter is remitted to the First Appellate Court for consideration on merits. - 3 - HC-KAR NC: 2025:KHC:30385 CRL.RP No. 1040 of 2025 4. Parties shall appear before the Principal District and Sessions Judge, Hassan on 18.08.2025 without any further notice. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 29