- 1 - HC-KAR NC: 2025:KHC-D:8940 CRL.P No. 103595 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.103595 OF 2024 (482 OF Cr.PC/528 OF BNSS) BETWEEN: MALLIKARJUNAGOUDA @ VISHWANATHGOUDA PATIL AGE: 53 YEARS, OCC: AGRICULTURE, R/O. MISHRIKOTI, TQ: KALAGHTAGI, DISTRICT: DHARWAD- 581196. PETITIONER (BY SRI HARSHAWARDHANA M. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY KALAGATAGI P. S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. 2. LINGARAJGOUDA @ NANSAHEB S/O. SHANKARAGOUDA PATIL, AGE: 44 YEARS, OCC: AGRICULTURIST AND ADVOCATE, NOW AT R/O. H.NO.8, CENTRAL EXCISE COLONY, NEAR GANAPATI TEMPLE, NEHARU NAGAR, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-580030. …RESPONDENTS (BY SRI. JAIRAM SIDDI, H.C.G.P., FOR R1; SRI. IRANAGOUDA K. KABBUR, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. PRAYING TO SET ASIDE THE ORDER PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, ON I.A. NO.1/2024 IN CRIMINAL REVISION PETITION NO.23/2024 AND THEREBY, DISMISS I.A. NO.1/2024 AND CONSEQUENTLY, DISMISS CRIMINAL REVISION PETITION NO.23/2024 IN THE INTEREST OF JUSTICE AND ETC. THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8940 CRL.P No. 103595 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, Cr.P.C.’), praying to set aside the order passed by the learned IV Additional District and Sessions Judge, Dharwad, on I.A. No.1 of 2024 in Criminal Revision Petition No.23 of 2024. 2. The brief facts of the complainant’s case as under; Respondent No.2/complainant filed a private complaint under Section 200 of the Cr.P.C. against the petitioner/accused No.1 and two others making allegations that the petitioner and two others have represented themselves and created some false and fabricated Death Certificate of respondent No.2, though respondent No.2 is alive, in order to gulp the property of respondent No.2. Hence, the private complaint in PCR No.13 of 2015 was referred to the jurisdictional Police for investigation and - 3 - HC-KAR NC: 2025:KHC-D:8940 CRL.P No. 103595 of 2024 report. In turn, the Investigating Officer has filed ‘B’ report. 3. The trial Court, after receiving final report, issued notice to the complainant. However, the complainant has not submitted the protest petition to ‘B’ report. Hence, on 08.01.2019, the trial Court closed the complaint and accepted ‘B’ report. 4. Being aggrieved by the same, the complainant filed Criminal Revision Petition No.23 of 2024 before IV Addl. District and Sessions Judge, Dharwad, challenging the order dated 8-1-2019 along with the application for condonation of delay. The Revisional Court, considering the factual aspects of the matter and to provide fair and sufficient opportunity to the complainant, allowed the application filed under Section 5 of the Limitation Act, 1963, and condoned the delay of 1485 days in preferring the Criminal Revision Petition No.23 of 2024. - 4 - HC-KAR NC: 2025:KHC-D:8940 CRL.P No. 103595 of 2024 5. Being aggrieved by the same, the petitioner has filed this petition. 6. Heard the learned counsel for the petitioner- accused No.1, the learned High Court Government Pleader for respondent No.1-State and the learned counsel for respondent No.2-complainant. 7. In the delay application, the complainant has assigned valid and sufficient reasons to condone the delay, as the complainant was suffering from serious illness and was on continuous medical treatment, he could not file the protest petition in time. 8. From perusal of the prosecution papers, it appears that the de facto complainant/respondent No.2 has made allegations against the petitioner/accused No.1, who is none other than his own brother, making allegation that, the petitioner has created the Death Certificate of the complainant and transferred khata in respect of property to his name. Therefore, there is serious allegations against - 5 - HC-KAR NC: 2025:KHC-D:8940 CRL.P No. 103595 of 2024 the petitioner. Thus, meritorious cases should not be thrown out of the docket. Since the complainant assigned valid and sufficient reasons in not submitting the protest petition, the learned IV Additional District and Sessions Judge, Dharwad, rightly allowed I.A. No.1 of 2024 in Criminal Revision Petition No.23 of 2024 filed under Section 5 of the Limitation Act, 1963. Hence, I do not find any justifiable grounds to interfere with the impugned order. Accordingly, the petition is dismissed. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 2 Sl No.: 23