- 1 - HC-KAR NC: 2026:KHC:29010 CRL.RP No. 1626 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 1626 OF 2025 BETWEEN: 1. SHREE VENKATESWARA ENTERPRISES, SHREE VENKATESWARA, OFFICE AT NO.58, 5TH MAIN, 9TH CROSS, RAMACHANDRA AGRAHARA, CHAMARAJPET, BENGALURU - 560 018. REPRESENTED BY ITS PROPRIETOR, SRI. N. PRABHAKARA CHARI, S/O N. VENKARAMANA ACHARI, AGED ABOUT 65 YEARS. 2. SRI. N. PRABHAKARA CHARI, S/O N. VENKARAMANA ACHARI, AGED ABOUT 65 YEARS, R/AT NO.297/A, 4th CROSS, 3RD MAIN, RAMANJANEYANAGARA, CHIKKALLASANDRA, BENGALURU - 560 061. …PETITIONERS (BY SRI. MUNIRAJU., ADVOCATE) AND: SRI. JEEVAN MOREY R, S/O LATE A.G. RAMAKRISHNOJI RAO, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29010 CRL.RP No. 1626 of 2025 AGED ABOUT 65 YEARS, R/AT NO.274, PATTANAGERE MAIN ROAD, KENCHENAHALLI, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. …RESPONDENT (BY SRI. KIRAN KUMAR H.S., ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO A. SET ASIDE THE IMPUGNED ORDER PASSED 02/08/2025 BY THE HONBLE I ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRIMINAL APPEAL NO: 87/2025, AND DIRECT TO 1ST APPELLATE TO RECONSIDER THE CRIMINAL APPEAL BY GIVE AN OPPORTUNITY TO PETITIONER TO PROVIDE SOME DOCUMENTS ON DELAY OF 94DAYS UNDER APPLICATION UNDER SECTION 5 OF LIMITATION ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard Sri. Muniraju, learned counsel for the petitioners and also Sri. Kiran Kumar H.S., learned counsel for the respondent. - 3 - HC-KAR NC: 2026:KHC:29010 CRL.RP No. 1626 of 2025 2. The Appellate Court dismissed IA No.1 before the Trial Court filed under Section 5 of Limitation Act and there was a delay of 94 days in filing the application. It is stated in the application that he was suffering from severe throat infection and related symptoms of cold and cough. The same was affected by COVID-19 pandemic. But Trial Court made an observation that the deponent for the best reasons not mentioned the period of his ill-health, nor he has produced any document for having taken treatment for his said ill-health and hence, the Appellate Court comes to the conclusion that no reasons are made ought to condone the delay. 3. Learned counsel appearing for the respondent also would submit that the delay was not explained. 4. However, taking into note of delay only for 94 days and the reasons are assigned in the affidavit but not produced any document, the appeal was not decided on merits, it is a clear case for remitting the matter to consider the same on merits by condoning the delay of 94 days. Hence, I proceed to pass the following: - 4 - HC-KAR NC: 2026:KHC:29010 CRL.RP No. 1626 of 2025 ORDER (i) The criminal revision petition is disposed of. (ii) The order passed by the Appellate Court is set aside and delay of 94 days in filing the application is condoned. (iii) The Appellate Court is directed to consider the matter on merits and to dispose the appeal within one month from 30.06.2026. (iv) The Registry is directed to send back the records of SCR forthwith to enable the Appellate Court to take up the matter without fail on 30.06.2026. (v) The parties are directed to appear before the Appellate Court on 30.06.2026 without fail, without expecting any further notice, and to assist the Appellate Court in deciding the matter on its merits within the time-bound period stipulated above. Sd/- (H.P.SANDESH) JUDGE BH : List No.: 1 Sl No.: 29