- 1 - HC-KAR NC: 2026:KHC:29271 CRL.P No. 7524 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7524 OF 2026 (482 (CR.P.C) / 528 (BNSS)) BETWEEN: SRI VEERA KUMAR S/O SRI. P. SATYANARAYANA, AGED ABOUT 66 YEARS, R/AT. NO.410, 5TH CROSS, HRBR LAYOUT, KALYAN NAGAR, BENGALURU - 560 043 …PETITIONER (BY SRI. MAHESH B.J., ADVOCATE) AND: MRS D KEERTHANA KRISHNA W/O D. SRINIVASA KRISHNA AGED ABOUT 60 YEARS, R/AT NO. 28/3, PROMENADE ROAD, FRAZER TOWN, BENGALURU - 560 005. …RESPONDENT THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 04.02.2026 PASSED IN CRL.A.NO.25091/2024 BY THE LXXIV ADDL CITY CIVIL AND SESSIONS JUDGE (CCH-75) MAYO HALL UNIT, BENGALURU WHEREBY THE FIRST APPELLATE COURT DEFERRED THE HEARING OF APPLICATION FILED BY THE APPELLANT HEREIN U/S.391 OF CRPC TO BE HEARD ALONG WITH MAN APPEAL, CONSEQUENTLY DIRECT THE SAID HONBLE COURT TO CONSIDER. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29271 CRL.P No. 7524 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Mahesh B.J., learned counsel appearing for the petitioner and have perused the material on record. 2. The petitioner is before the Court calling in question an order dated 04.02.2026, by which, the Appellate Court defers the consideration of an application filed under Section 391 of the Cr.P.C. till the matter is heard and orders are passed. 3. The petitioner is the accused and the respondent is the complainant. The transaction between the two leads the complainant to the concerned Court in C.C.No.60419/2018, in which the petitioner gets convicted of the offence on 06.02.2024. The petitioner then prefers an appeal before the Appellate Court in Criminal Appeal No.25091/2024. - 3 - HC-KAR NC: 2026:KHC:29271 CRL.P No. 7524 of 2026 4. The issue in the lis is not with regard to the merit of the appeal. In the said appeal, the petitioner files an application under Section 391 of the Cr.P.C., seeking production of two documents that were not produced before the trial Court. The concerned Appellate Court now directs that the application under Section 391 of the Cr.P.C. would be considered at the time of passing the final order. The order of the Appellate Court on the face of it is erroneous. The application that was filed under Section 391 of the Cr.P.C. should have merited consideration even before the concerned Appellate Court would draw proceedings to conclude the appeal. 5. In that light and on this short score that the concerned Appellate Court should have answered the application, the petition deserves to succeed and the impugned order to be obliterated. 6. For the aforesaid reasons, the following: - 4 - HC-KAR NC: 2026:KHC:29271 CRL.P No. 7524 of 2026 ORDER (i) The petition is allowed. (ii) The impugned order dated 04.02.2026 passed by the LXXIV Additional City Civil and Sessions Judge (CCH-75), Mayo Hall Unit, Bengaluru in Criminal Appeal No.25091/2024 stand quashed. (iii) The matter is remitted back to the hands of the concerned Appellate Court to answer the application filed under Section 391 of the Cr.P.C. at the outset and then proceed to pass necessary orders on the merit of the matter. Ordered accordingly. All contentions qua Section 391 of the Cr.P.C. shall remain open. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 36