- 1 - HC-KAR NC: 2025:KHC:47722 CRL.RP No. 1349 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL REVISION PETITION NO. 1349 OF 2023 (397(Cr.PC) / 438(BNSS)) BETWEEN: SMT. ROOPA @ PARVATHI R HOLALAVAR W/O. MURALI PRASAD, AGED ABOUT 39 YEARS, RESIDING AT NO.413, BOODIGUNDI, ANJANA NAGAR, VISWANEEDAM, MAGADI MAIN ROAD, BENGALURU-560 091. …PETITIONER (BY SRI. KEERTHANA NAGARAJ, ADVOCATE) AND: SRI SUDHAKAR D.R. S/O. LATE S. RAJEGOWDA, AGED ABOUT 40 YEARS, RESIDING AT NO.204, EWS 2ND STAGE, A.D. HALLI, K.H.B. COLONY, BASAVESHWARANAGAR, BENGALURU-560 079. …RESPONDENT (BY SRI. SAMEER S.N., ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 CR.P.C PRAYING TO SET ASIDE THE ORDER OF DISMISSAL FOR DEFAULT DATED 02.09.2023 IN CRL.A.NO.710/2020 PASSED BY THE LD. LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-68) AT BENGALURU AND RESTORE THE CASE BACK ONTO THE FILE OF THE LD. SESSIONS JUDGE. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47722 CRL.RP No. 1349 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER Heard learned counsel for the petitioner and learned counsel for the respondent. 2. The petitioner has filed the present petition under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 (for short, "Cr.P.C"), seeking to set aside the order of dismissal for default dated 02-09-2023 passed in Crl.A. No.710 of 2020 by the LXVII Additional City Civil and Sessions Judge (CCH-68), Bengaluru, and to restore the appeal to its original file. 3. Learned counsel for the respondent fairly submits that a fair opportunity be afforded to the petitioner/accused before the First Appellate Court. He further submits that he has no objection for allowing the present petition and remanding the matter to the First Appellate Court for disposal of the appeal in accordance with law. The said submission is placed on record. - 3 - HC-KAR NC: 2025:KHC:47722 CRL.RP No. 1349 of 2023 4. The petitioner, being aggrieved by the judgment of conviction and sentence dated 29-05-2020 passed by XXI ACMM, Bengaluru in C.C. No.34594 of 2018, had preferred Crl.A. No.710/2020, before the First Appellate Court. However, on 02-09-2023, the First Appellate Court dismissed the appeal for default. It is well-settled that when an accused is unrepresented, the Appellate Court cannot dismiss a Criminal Appeal for default but is required to appoint an Amicus Curiae and proceed to decide the appeal on merits. The Hon'ble Apex Court in K. Muruganandam And Others V. State Represented By The Deputy Superintendent Of Police And Another reported in (2021) 20 SCC 642 has reiterated the same. 5. In view of the decision cited supra, coupled with the no objection submitted by the learned counsel for respondent, and having regard to the fact that the First Appellate Court dismissed the appeal for default, this Court is of the considered opinion that the order of First Appellate Court requires to be set aside. Accordingly, the following: - 4 - HC-KAR NC: 2025:KHC:47722 CRL.RP No. 1349 of 2023 ORDER i) The revision petition is hereby allowed; ii) The order dated 02.09.2023 passed in Crl.A. No.710/2020 by the learned LXVII Additional City Civil and Sessions Judge (CCH-68), Bengaluru, is hereby set aside and the appeal is restored to its original file. iii) Both the petitioner and the respondent are directed to appear before the First Appellate Court on 15-12-2025, without waiting for any further notice from the First Appellate Court. iv) The Registry is directed to transmit a copy of this judgment to the First Appellate Court forthwith. v) The First Appellate Court is directed to dispose of the appeal expeditiously, without granting unnecessary adjournment. Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 16