- 1 - HC-KAR NC: 2025:KHC:42455 CRL.A No. 662 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 662 OF 2025 BETWEEN: THE STATE BY STATION HOUSE OFFICER, ARAKERE POLICE STATION, MANDYA DISTRICT. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 1. …APPELLANT (BY SRI. B. LAKSHMAN, HCGP) AND: LOKESHA S/O KOKKARE THAMME GOWDA, AGED ABOUT 45 YEARS, R/AT ARAKERE TOWN, SRIRANGAPATNA TALUK, MANDYA - 571 401. …RESPONDENT THIS CRIMINAL APPEAL IS FILED U/S 377 CR.PC (FILED U/S 418 BNSS) BY THE SPP FOR THE STATE PRAYING TO 1. MODIFY THE ORDER OF SENTENCE DATED 08.01.2024 PASSED BY THE III ADDL.DISTRICT AND SESSIONS JUDGE MANDYA (SITTING AT SRIRANGAPATNA) IN S.C.NO.5033/2017 AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42455 CRL.A No. 662 of 2025 ORAL JUDGMENT ORDER ON IA.I/2025 Heard on IA.I/2025 filed under Section 5 of Limitation Act to condone the delay of 512 days in filing the appeal. 2. The application is supported by an affidavit of L.M.Yelsangikar, the Deputy Director of Prosecution in which it is stated that the impugned judgment under challenge was passed by the III Additional District and Sessions Judge, Mandya in S.C.No.5033/2017 dated 08.01.2024. The concerned public prosecutor had applied for the copy of the judgment on 09.01.2024. The copies were ready on 25.01.2024 and were required to be received on 03.02.2024 and the same were received on the said date. 3. The Public Prosecutor forwarded his opinion to the Law Officer (Senior) Mysore Division, on 12.02.2024. The Law Officer (Senior) Mysore Division received the same on 17.02.2024 and furnished his opinion on 28.02.2024, - 3 - HC-KAR NC: 2025:KHC:42455 CRL.A No. 662 of 2025 and forwarded the same to the office of the Director of Prosecution, which were received on 06.03.2024. 4. Further it is stated that Smt.T.S.Gopika, the Public Prosecutor, Office of the Director of Prosecution had furnished her opinion on 15.03.2024 and forwarded the same to the deponent and even deponent was of the opinion that the case as fit for appeal, and furnished her opinion on 18.03.2024 with a covering letter of the Director of Prosecution, the entire records are sent to the office of the Principal Chief Secretary, Home, Government of Karnataka, Bengaluru on 19.03.2024. 5. The Principal Secretary, Home has also concurred and passed an order bearing No.HD3009:HCP:II, Bengaluru dated 22.08.2024 to prefer an appeal and forwarded the file to the office of Advocate General, High Court of Karnataka, Bengaluru. 6. In view of procedural aspects of routing the opinion through the above said offices, there is an inevitable delay in preferring this appeal and thus, the - 4 - HC-KAR NC: 2025:KHC:42455 CRL.A No. 662 of 2025 delay of 512 days accrued deserves to be condoned by this Court. On all these grounds, he sought to allow this application. 7. The State has preferred this appeal for enhancement of sentence passed by the Trial Court. The Trial Court has convicted the accused for the offence under sections 498-A, 323, 504, 506 of Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act and had acquitted the accused for the offence under Section 307 of Indian Penal Code. 8. The Trial Court has passed a sentence of Simple Imprisonment for a term of 3 years and a fine of Rs.10,000/- for the offence under section 498-A of Indian Penal Code. 9. The accused is also sentenced to undergo simple imprisonment for a period of six months for the offence punishable under Section 323 of Indian Penal Code. - 5 - HC-KAR NC: 2025:KHC:42455 CRL.A No. 662 of 2025 10. The accused is sentenced to undergo simple imprisonment for a period of six months for the offence punishable under Section 504 of Indian Penal Code. 11. The accused is also sentenced to undergo simple imprisonment for a period of one year for the offence punishable under Section 506 of Indian Penal Code. 12. The accused is sentenced to undergo simple imprisonment for a period of three years and fine of Rs.15,000/- for the offence punishable under Section 3 of Dowry Prohibition Act. 13. The accused is further sentenced to undergo simple imprisonment for a period of six months and fine of Rs.1,000/- for the offence punishable under Section 4 of Dowry Prohibition Act. 14. The State has not produced any documents to substantiate the averments made in the affidavit. The deponent has not placed sufficient cause to condone the abnormal delay of more than 500 days in preferring this - 6 - HC-KAR NC: 2025:KHC:42455 CRL.A No. 662 of 2025 appeal. Hence, it is not just and proper to allow this application. Accordingly, I proceed to pass the following: O R D E R IA.I/2025 is dismissed. Consequently, the appeal is also dismissed. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 46 CT:PH