- 1 - HC-KAR NC: 2025:KHC:29664 CRL.RP No. 998 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 998 OF 2025 BETWEEN: S. CHANDRAMOULI REDDY, S/O A .L SUBBA REDDY, AGED ABOUT 50 YEARS, RESIDING AT H.S.R LAYOUT, 1ST SECTOR, SHIVARAMA REDDY GARDEN, BENGALURU - 560 102. …PETITIONER (BY SRI SANGAMESH R B, ADVOCATE) AND: SRI. LAKSHMI NURSERY FARM, REP. BY SRI. A M HANUMANTHE GOWDA, S/O MUNIYAPPA, AGED ABOUT 51 YEARS, R/AT SY. NO. 164/1, ULLAL VILLAGE POST, 100 FEET ROAD, 4TH BLOCK, SRI. M VISHWESHWARAIAH LAYOUT, BENGALURU - 560056. …RESPONDENT (BY SRI HOSAMANI SHAKEELAHMAD MEERANSAB,ADVOCATE) THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO i. SET ASIDE THE JUDGMENT/ORDER DATED 06.06.2025 PASSED BY THE HON'BLE LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. ii. SET ASIDE THE JUDGMENT DATED 20.02.2020 PASSED BY THE XXIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.15916/2017, AND ACQUIT THE PETITIONER. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29664 CRL.RP No. 998 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 Learned counsel for the petitioner submits that learned counsel was not aware that the present petitioner had filed an appeal before the Sessions Judge challenging the judgment passed by the Trial Court in C.C. No.15916/2017. 2. Learned counsel for the petitioner would also submit that he came to know about the said appeal in Criminal Appeal No.418/2020 only after it was brought to his notice by the learned counsel for the respondent. 3. Learned counsel for the petitioner has also secured the presence of the petitioner before this Court. It is noticed that the petitioner had filed an appeal earlier in Criminal Appeal No.418/2020 and there was conditional interim order passed by the said Court and said appeal is still pending consideration. It is the submission of the - 3 - HC-KAR NC: 2025:KHC:29664 CRL.RP No. 998 of 2025 counsel for the petitioner that the second appeal in appeal No.718/2025 is for challenging the very same judgment in C.C. No.15916/2017. Learned counsel for the petitioner submits that without noticing the said earlier appeal the second criminal appeal is decided on the ground of limitation without adjudicating the contention on the merits of the case. 4. Under these circumstances, he would submit that the present revision petition filed by him without the knowledge of the pending criminal appeal in Criminal Appeal No.418/2020 is not maintainable and he seeks leave of the Court to withdraw this criminal revision petition and would submit that petitioner would urge all his contention in the pending criminal appeal No.418/2020. In view of above said facts, the present petition is not maintainable and the same is dismissed without adjudicating on the merits of the claim. 5. The Appellate Court where the appeal is pending has to hear the pending appeal on its merit. - 4 - HC-KAR NC: 2025:KHC:29664 CRL.RP No. 998 of 2025 6. If the interim order granted by the First Appellate Court in Criminal Appeal No.418/2020 is not yet complied, it is for the Trial Court to proceed further in accordance with law. 7. The order passed in Criminal Appeal No.718/2025 shall not come in the way of the Sessions Court in hearing the Criminal Appeal No.418/2020 on its merit. 8. Accordingly, the petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 3 Sl No.: 39