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2026 DAILYLAW 30049 (KAR)

MR. THIMMARAYAPPA v. CAPTION R. LINGANNA

CRL.RP/1126/2026 · 2026-07-22

H P Sandesh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010478772026 NC: 2026:KHC:37635 CRL.RP No. 1126 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1126 OF 2026 BETWEEN: 1. MR. THIMMARAYAPPA S/O. PUTTASWAMAYAIAH AGED ABOUT 62 YEARS HEAD MASTER GOVT. HIGH SCHOOL DASIHALLI VILLAGE MAYASANDRA HOBLI TURUVEKERE TALUK TUMAKURU DISTRICT-572 102. …PETITIONER (BY SRI. NISHAD S.A., ADVOCATE) AND: 1. CAPTION R. LINGANNA S/O. LATE REVANNA AGED ABOUT 73 YEARS R/O. CHUNCHANAHALLI VILLAGE BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT -571401. …RESPONDENT THIS CRL.RP IS FILED U/S.397 R/W 401 (FILED U/S.438 R/W SEC.442 BNSS) OF CR.P.C PRAYING TO ALLOW THIS CRIMINAL RP BY SETTING ASIDE THE IMPUGNED JUDGMENT DATED 27.02.2026 PASSED BY THE HONBLE I ADDL. DISTRICT AND SESSIONS JUDGE AT MANDYA, IN CRL.A.NO.121/2023 WHICH CONFIRMED THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 14.08.2023 PASSED BY THE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010478772026 NC: 2026:KHC:37635 CRL.RP No. 1126 of 2026 HONBLE ADDL. CIVIL JUDGE AND JMFC AT NAGAMANGALA, IN C.C.NO.254/2017 AND TO REMAND THE MATTER BACK TO THE HONBLE TRIAL COURT (OR THE FIRST APPELLATE COURT) BY PROVIDING A REASONABLE AND FAIR OPPORTUNITY TO THE REVISION PETITIONER TO CROSS EXAMINE PW 1 ADDRESS AGRUMENTS AND LEAD DEFENSE EVIDENCE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard learned counsel for the petitioner and this matter is listed for consideration of I.A.Nos.1/2026 and 2/2026 for condonation of delay of 137 days in filing the revision petition and for suspension of sentence respectively. 2. The reason assigned in the affidavit accompanying I.A.No.1/2026 for condonation of delay of 137 days in filing the revision petition is that certified copy of the impugned judgment in Criminal Appeal No.121/2023 was applied for immediately, and upon receiving the same, certain unavoidable administrative and financial difficulties arose. The petitioner being a working Government School Head Master stationed in a rural village, combined with brief health ailments due to age- related issues, he could not travel to Bengaluru immediately to engage the counsel and there was delay. - 3 - HC-KAR CNR: KAHC010478772026 NC: 2026:KHC:37635 CRL.RP No. 1126 of 2026 3. Having considered the reasons assigned in support of the application, though the case was filed before the Trial Court in 2017, the same was disposed of in 2023 and after lapse of 6 years, even did not assist the Trial Court either for cross-examination or for leading any defence evidence, except appearing before the Trial Court through an advocate. But, the accused was subjected to 313 statement and thereafter also, not led any evidence or cross-examined P.W.1. When such being the case, I do not find any ground to condone the delay, since the reasons assigned in the affidavit accompanying the application for condonation of delay is not satisfactory and on merits also, no grounds are made out to entertain the revision petition. Accordingly, I.A.Nos.1/2026 and 2/2026 are dismissed. Consequently, revision petition is also dismissed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 21