- 1 - HC-KAR NC: 2026:KHC:26843 CRL.RP No. 819 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.819 OF 2026 BETWEEN: 1. MR. KUNHI MOOSA SON OF MR. KUNHI MAMMU AGED ABOUT 65 YEARS THE PARTNER M/S. SAVOURY INTERNATIONAL HOTEL NO.50/7, 3RD FLOOR, 39TH CROSS 16TH MAIN, 4TH BLOCK, JAYANAGAR BENGALURU-560 041. …PETITIONER (BY SRI. AZHAR MEER, ADVOCATE) AND: 1. MR. SYED ASAD AHMED SON OF MR. SYED AHMED AGED ABOUT 37 YEARS PRESENTLY RESIDING AT NO.1102 PRESTIGE CLARKE WOODS APARTMENT NO.11, CLARKE ROAD RICHARDS TOWN BENGALURU - 560 005. …RESPONDENT (BY SRI. MOHAMMAD NIYAZ S., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE IMPUGNED JUDGEMENT DATED 13.05.2026 IN CRL.A.NO.25095/2026 ON THE FILE OF THE LEARNED LXXIII Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26843 CRL.RP No. 819 of 2026 ADDL. CITY CIVIL AND SESSIONS JUDGE (CH-74) MAYO HALL UNIT, BENGALURU AND SUITABLY MODIFY THE IMPUGNED JUDGEMENT DATED 07.11.2025 PASSED BY THE LEARNED XXXIII ACJM, MAYO HALL UNIT, BENGALURU IN CC.NO.57284/2023 BY PERMITTING THE PETITIONER TO HONOUR THE TERMS OF THE JOINT MEMO WITHIN A PERIOD OF 06 MONTHS. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This matter was listed on 21.05.2026 and conditional order was passed staying the order of sentence directing the petitioner to deposit Rs.50,00,000/- within two weeks from the date of the said order and this Court also recorded the submission of learned counsel for the petitioner that remaining agreed amount as per the joint memo would be deposited in further time that is to be granted by this Court during the pendency of this petition. Further, this Court also made it clear in the order itself that counsel for the petitioner shall also indicate the required time for payment of the remaining amount and to that extent, the affidavit of undertaking shall be filed. Further observation is also made that, needless to observe that on assurance of deposit, this order is made. If - 3 - HC-KAR NC: 2026:KHC:26843 CRL.RP No. 819 of 2026 these conditions are not complied within the time, the petitioner shall not be entitled to further interim-protection by this Court. In spite of it, the petitioner has not complied with the conditional order. 2. A perusal of the material on record, a joint memo was filed before the Court agreeing to pay the amount in the month of December, 2025 and the terms of the said joint memo was also not complied with and this Court has shown lenience in permitting the petitioner to deposit Rs.50,00,000/- and the petitioner has failed to deposit the same and the conditional order was not complied with. 3. Now, the petitioner has come up with an application for extension of time before this Court and in view of the conditional order passed by this Court making it clear that no further interim-protection will be given if the conditions of the conditional order is not complied with, question of considering the application for extension of time does not arise. 4. Having considered the material available on record, no ground is made out to consider this revision petition and this - 4 - HC-KAR NC: 2026:KHC:26843 CRL.RP No. 819 of 2026 revision petition is also against the confirmation order passed by the First Appellate Court. Hence, no ground is made out to entertain the revision petition, as no grounds is made either for extension or to continue the proceedings in view of conditional order. Accordingly, the revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 43