- 1 - HC-KAR NC: 2026:KHC:26778 CRL.P No. 4608 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO.4608 OF 2021 BETWEEN: SRI S S VENKATESH BABU S/O SRI S V SRINIVASAIAH AGED ABOUT 47 YEARS PRIVATE JOB, R/AT NO.41, 1ST FLOOR, 17TH MAIN, 12TH 'B' CROSS, IDEAL HOMES, R R NAGAR, BENGALURU - 560 098. …PETITIONER (BY SRI MANJUNATHA H., ADVOCATE) AND: SRI R S PAVAN KUMAR S/O SRI SANJEEVA MURTHY AGED ABOUT 39 YEARS R/A NO.43/2, "MARUTHI NILAYA" SUBBARAMA CHETTY ROAD, BASAVANAGUDI, BENGALURU - 560 004. …RESPONDENT ( RESPONDENT SERVED - AND UNREPRESENTED) THIS CRL.P. IS FILED U/S.482 CR.P.C PRAYING TO ALLOW THE PETITION MODIFY THE ORDER DATED 22.04.2021 PARTY ALLOWING THE APPLICATION MADE BY THE PETITIONER UNDER SEC.391 OF CODE OF CRIMINAL PROCEDURE CONSEQUENTLY ALLOW THE APPLICATION MADE THE PETITIONER UNDER SEC.391 OF CODE OF CRIMINAL PROCEDURE ON THE FILE OF THE COURT OF LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN CRL.A.NO.2556/2018. Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26778 CRL.P No. 4608 of 2021 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 22.04.2021 passed by LXIV Additional City Civil and Sessions Judge (CCH-65) at Bengaluru in Crl.A.no.2556/2018 on an application filed under Section 391 of Code of Criminal Procedure, 1973 ('CrPC') for permitting appellant to adduce additional evidence, this petition is filed. 2. Sri Manjunatha H., learned counsel for petitioner/appellant submitted that under impugned order, Appellate Court instead of hearing and passing order on application, deferred consideration till final hearing of appeal. It was submitted, same would not be justified in view of decision of Hon'ble Supreme Court in case of Asim @ Munmun @ Asif Abdulkarim Solanki v. State of Gujarat, reported in (2021) 16 SCC 459, wherein it is held that an application under Section 391 of CrPC is not similar to application filed under Order XLI Rule 27 of Code of Civil Procedure, 1908 and ends of justice require it to be considered at earliest. Since order - 3 - HC-KAR NC: 2026:KHC:26778 CRL.P No. 4608 of 2021 impugned passed is contrary to ratio, interference was warranted. 3. Respondent is served and represented. 4. Heard learned counsel, perused impugned order and decision cited. 5. At outset order impugned would be in violation of ratio laid down in Asim's case (supra). Therefore, without any more petition is allowed, impugned order dated 22.04.2021 passed by LXIV Additional City Civil and Sessions Judge (CCH- 65) at Bengaluru in Crl.A.no.2556/2018 is set-aside. Appellate Court is directed to hear application filed under Section 391 of CrPC to pass appropriate orders thereon at earliest. It is made clear that there are no observations made on merits of application and Appellate Court would be at liberty to pass any appropriate orders thereon. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 25