- 1 - HC-KAR CNR: KAHC010244932024 NC: 2026:KHC:49247 CRL.A No. 1024 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1024 OF 2024 (A) BETWEEN: THE STATE OF KARNATAKA CHIKKA AGRAHARA RANGE, N R PURA TALUK - 577 139 REPT BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …APPELLANT (BY SRI. K. NAGESHWARAPPA, HCGP) AND: ELDOSE S/O POULOSE, AGED ABOUT 53 YEARS, JUMMANAKUDIGE, SHIRIGALALE VILLAGE, MUDABAGILU POST, N R PURA TALUK, CHIKKAMAGALURU - 577 134. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CRL.A. IS FILED U/S. 378(1)(3) CR.P.C. BY THE S.P.P FOR THE STATE PRAYING TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010244932024 NC: 2026:KHC:49247 CRL.A No. 1024 of 2024 16.06.2023 PASSED IN S.C.NO.28/2019 BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU THEREBY ACQUITTING THE ACCUSED RESPONDENT OF THE OFFENCE P/U/S/ 33(3),50(3),86,87 OF THE KARNATAKA FOREST ACT AND RULE 165 OF THE KARNATAKA FOREST RULES AND SEC.379 OF IPC R/W SEC. 34 OF IPC AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT ORDER ON I.A.No.1/2025 The application is filed under Section 5 of Limitation Act to condone the delay of 201 days in filing this appeal. This application is supported with the affidavit of L.M.Yelsangikar. Deputy Director of Prosecution, Bengaluru, in which, it is stated that the impugned judgment under challenge was passed by the II Additional District and Sessions Judge, at Chikkamagaluru. The concerned Public Prosecutor applied for the copy of the - 3 - HC-KAR CNR: KAHC010244932024 NC: 2026:KHC:49247 CRL.A No. 1024 of 2024 judgment on 17.06.2023 and was required to appear to obtain the copies on 30.06.2023, which was issued on that day. 2. The Public Prosecutor forwarded his opinion to Law Officer (Sr.,) Mangaluru Division, Mangaluru on 07.07.2023 and the said Law Officer (Sr.,), Mangaluru Division, received the same on 15.07.2023 and provided his opinion to IGP Mangaluru on 17.07.2023 and the IGP Mangaluru sent their entire records to the office of the Director of Prosecution on 11.08.2023, which are received on 17.08.2023. That is Sri M.Nagesh, Law Officer(Jr.), office of the Director of Prosecution, furnished his opinion on 29.08.2023 and forwarded the same to the deponent and the deponent holding the case as fit for appeal, furnished her opinion on 04.09.2023 and under a covering letter of the Director of Prosecution, entire records were sent to the Principal Secretary, Home, Government of Karnataka on 05.09.2023. - 4 - HC-KAR CNR: KAHC010244932024 NC: 2026:KHC:49247 CRL.A No. 1024 of 2024 3. The Principal Secretary, Home, Government of Karnataka also concurred and recommended through his order bearing No.G.O.No.HD:11064:HCP-1:2023, Bengaluru dated 01.01.2024 to prefer an appeal and forwarded the entire reports to the office of Advocate General, High Court of Karnataka, Bengaluru. It is submitted that n view of procedural aspects, routing the opinion through the above said offices, there is an inevitable delay in preferring this appeal and thus, the delay of 201 days accrued which deserves to be condoned by allowing this appeal. 4. I have examined the materials placed before this Court. The appellant has not placed any materials to substantiate the averments made in the affidavit and that there are no sufficient cause to condone the delay of 201 days. Hence, I proceed to pass the following: - 5 - HC-KAR CNR: KAHC010244932024 NC: 2026:KHC:49247 CRL.A No. 1024 of 2024 ORDER I.A.No.1/2025 is dismissed. Consequently, appeal is dismissed. SD/- (G BASAVARAJA) JUDGE PSJ List No.: 1 Sl No.: 11