- 1 - HC-KAR NC: 2025:KHC:50863 CRL.P No. 13333 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13333 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI JAYAPPA @ JANARDHANA S/O POOJARI BASAPPA AGED ABOUT 60 YEARS R/AT 91A, SREE DURGA, 27A CROSS 2ND STAGE, KUVEMPU NAGARA HASSAN TOWN HASSAN 573201. …PETITIONER (BY SRI CHETAN DESAI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BARAMASAGARA POLICE STATION CHITRADURGA RURAL CIRCLE REPRESENTED BY, PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. SRI RUDRAPPA SON OF RANGAPPA AGED ABOUT 58 YEARS R/AT KOGUNDE VILLAGE CHITRADURGA TALUK, CHITRADURGA DISTRICT-577501 …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50863 CRL.P No. 13333 of 2025 (BY SRI. ANOOP KUMAR M.V.,HCGP FOR R1) CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 20.07.2024 PASSED BY THE 2ND ADDL.CIVIL JUDGE AND JMFC AT CHITRADURGA AND SET ASIDE THE ORDER DATED 29.07.2025 PASSED BY THE PRL.DIST. AND SESSIONS JUDGE AT CHITRADURGA AND TO ALLOW THE REVISION PETITION FILED U/S 397 CRPC AND ACCORD THE OPPORTUNITY TO THE PETITIONER TO ADDRESS THE ARGUMENTS ON THE APPLICATION U/S 319 CRPC IN CC NO.1374/2015 PENDING ON THE FILE OF HONBLE 2ND ADDL.CIVIL JUDGE AND JMFC AT CHITRADURGA TO SERVE THE INTEREST OF JUSTICE THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel appearing for petitioner and the learned High Court Government Pleader for respondent- State. 2. The prosecution filed an application under Section 319 of Cr.P.C. in C.C.No.1374/2015, on the file of the learned II Additional Civil Judge and JMFC Court, Chitradurga to array accused Nos.5 to 7 as additional accused in the case, which was allowed. - 3 - HC-KAR NC: 2025:KHC:50863 CRL.P No. 13333 of 2025 3. Aggrieved by the said order, accused No.5 preferred Criminal Revision Petition before the Principal District and Sessions Judge, Chitradurga, numbered as Crl.R.P.No.15/2025. Dismissal of the said revision petition is assailed in this petition. 4. The only grievance of the petitioner is that, the revision petition was dismissed not on merits, but on delay, whereas, the delay was in-fact condoned by the court on 24.06.2025. 5. Impugned order dated 29.07.2025 passed by the learned Sessions Judge does not indicate that the matter was considered on merits. On the other hand, the learned Sessions Judge has dismissed the revision petition holding that sufficient cause to condone the delay was not shown. 6. Order sheet dated 24.06.2025, reveals that I.A.I filed under Section 5 of the limitation Act seeking to condone the delay in preferring the revision petition was in-fact allowed in order to hear the matter on merits. Hence, the learned Sessions Judge ought to have heard the revision petition on - 4 - HC-KAR NC: 2025:KHC:50863 CRL.P No. 13333 of 2025 merits. Non-considering the case on merits has certainly prejudiced the case of the petitioner. Hence, the following: ORDER i) The Criminal Petition is allowed. ii) Impugned order dated 29.7.2025 passed by the learned Principal District and Sessions Judge, Chitradurga in Crl.R.P.No.15/2025 is set aside. iii) Learned Sessions Judge shall consider the revision petition preferred by the petitioner/accused No.5 on merits after hearing the concerned parties, in accordance with law. Ordered accordingly. I.A.no.1/2025 does not survive for consideration and stands disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HR-List No.: 1 Sl No.: 46