- 1 - HC-KAR NC: 2026:KHC:18924 CRL.P No. 1380 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1380 OF 2026 BETWEEN: SRI. LAKSHMIPATHY T S/O LATE. THAMMANNACHAR, AGED ABOUT 38 YEARS, R/O NO.62, 3RD FLOOR, SOUTH END ROAD, BASAVANAGUDI, BANGALORE - 560 004. …PETITIONER (BY SRI. H. MANJUNATH, ADVOCATE) AND: SRI. RAGHUPATHI REDDY S/O RAMASWAMY REDDY, AGED ABOUT 54 YEARS, R/O NO. 61, SOUTH END ROAD, BASAVANAGUDI, BANGALORE - 560 004. …RESPONDENT (BY SRI. DILIP KUMAR I.S, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THE PETITION AND QUASH THE ORDER DTD 03.12.2025 IN CRL.A.NO.242/2023 PASSED BY Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18924 CRL.P No. 1380 of 2026 THE COURT OF THE LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-70) REJECTING THE APPLICATION MADE BY THE ACCUSED U/S 432 OF BNSS 2023 R/W SEC. 391 OF CR.P.C,1973. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court calling in question an order dated 03.12.2025 by which the application filed by the petitioner under Section 391 of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' for short) in the Criminal Appeal comes to be rejected. 2. Heard Sri. H. Manjunatha, learned counsel appearing for the petitioner and Sri. Dilip Kumar I.S., learned counsel appearing for the respondent. 3. The petitioner is the accused, who has suffered the order of conviction from the hands of the concerned Court and against which the petitioner is before the First Appellate Court - 3 - HC-KAR NC: 2026:KHC:18924 CRL.P No. 1380 of 2026 in Criminal Appeal No.242/2023. The issue in the lis is not with regard to the merit of the matter therein. The petitioner files an application under Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('the BNSS' for short) / Section 391 of the earlier regime, the Cr.P.C. on a certain plea that he has secured a document after filing of the appeal and the said document would go to the root of the matter. 4. In the light of the purport of Section 391 of the Cr.P.C. being a higher degree of Section 311 of the Cr.P.C. that is to be produced before the concerned Court, the concerned Court rejecting the application would not warrant any interference. However, it is open to the petitioner to urge the said contention, if not already urged in the concerned Court with regard to the documents that he has secured after filing of the appeal and it is needless to observe that the concerned Court would answer the same, in accordance with law. 5. In the light of the issues springing from the year 2018, I deem it appropriate to infuse finality before the First Appellate Court by directing the First Appellate Court to - 4 - HC-KAR NC: 2026:KHC:18924 CRL.P No. 1380 of 2026 conclude the proceedings, within an outer limit of six months from the date of receipt of the copy of the order, if not earlier. 6. With the aforesaid observation, the petition stands disposed. Interim order of any kind stands dissolved. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 16