- 1 - HC-KAR NC: 2025:KHC:43152 CRL.A No. 1481 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1481 OF 2021 (378(Cr.PC) / 419(BNSS)) BETWEEN: STATE OF KARNATAKA BY MANGALURU RURAL POLICE, MANGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …APPELLANT (BY SRI. B. LAKSHMAN, HCGP) AND: 1. SHYAM @ KOKKARESHYAM, S/O LATE YELLAPPA, AGED ABOUT 28 YEARS, R/O LIC 23, VINOBHANAGAR, HUDCO COLONY, SHIVAMOGGA-577 201. 2. HAMJA, S/O HAMMABBABYARI, AGED ABOUT 24 YEARS, R/O NEARS MASJID, KOPPA, CHIKKAMAGALUR-577 126. 3. R SRINIVASA, AGED ABOUT 29 YEARS, S/O RUSINGAPPA. R/O RAILWAY QUARTERS, NO.681-D, DAVANAGERE-577 001. …RESPONDENTS Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43152 CRL.A No. 1481 of 2021 THIS CRL.A IS FILED U/S.378(1)(3) CR.P.C PRAYING GRANT LEAVE TO FILE THIS APPEAL AGAINST THE JUDGMENT OF ACQUITTAL AND ORDER DATED 01.08.2018 IN S.C.NO.50/2014 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE FOR THE OFFENCE P/U/S 3(1) R/W SEC.20,25,27 AND SEC.7 R/W 25(1A) OF INDIAN ARMS ACT AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT ORDER ON IA.I/2024 1. IA.I/2024 is filed under Section 5 of the Limitation Act to condone the delay of 705 days in filing this appeal. This application is supported with memorandum and facts of Sri P.Thejesh, in which it is stated that he is working as a High Court Government Pleader. He is authorised to swear to this affidavit and hence, he is swearing to this affidavit based on records. It is stated that this criminal appeal is filed before this Court challenging the Judgment and Order of Acquittal dated 01.08.2018 in S.C.No.50/2014 passed by the I Additional District and Sessions Judge, D.K., Mangaluru acquitting the accused - 3 - HC-KAR NC: 2025:KHC:43152 CRL.A No. 1481 of 2021 for the offences punishable under sections 3(1) R/w 20, 25, 27 and 25(1A) of Indian Arms Act. 2. Office had raised objections with respect to the limitation. In this regard, it is submitted that the date of acquittal judgment was passed on 01.08.2018 and the certified copy was applied on 02.08.2018 and the copy was ready and delivered on 22.10.2018. Thereafter the Government Order was issued on 29.04.2019. There is a delay of 6 months in passing the Government Order. The Government Order was received by their office on 03.05.2019 and appeal was filed on 23.11.2020. 3. Further it is stated that State has got a very good case on merits and it is likely to succeed in this appeal. If the delay in filing the appeal is not condoned, the State will be put to great hardship and loss. On all these grounds, it is sought to allow this application. 4. I have examined the materials placed before this Court. Before appreciation of the materials on record, it is - 4 - HC-KAR NC: 2025:KHC:43152 CRL.A No. 1481 of 2021 necessary to mention here as to the provision of Section 378(5) of the Cr.P.C, which reads as under: "No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case computed from the date of that order of acquittal." 5. In the case on hand, PW-1 is a public servant. The State has filed this appeal after lapse of more than 700 days. The averments made in the memorandum of facts have not been substantiated by any supportive documents. 6. In view of the abovesaid provision also, this Court cannot entertain this appeal after lapse of 700 days. Hence, I proceed to pass the following: O R D E R (i) IA.I/2024 filed under Section 5 of the Limitation Act, is dismissed. - 5 - HC-KAR NC: 2025:KHC:43152 CRL.A No. 1481 of 2021 (ii) Consequently, the Criminal Appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 11