This court dismissed a criminal appeal filed under Section 372 Cr.P.C. The primary issue was the condonation of a 1075-day belated filing under Section 5 of the Limitation Act. The court held the reasons provided were not just and sufficient.
Application under Section 5 of the Limitation Act rejected; Criminal Appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:45239-DB CRL.A No. 336 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
CRIMINAL APPEAL NO. 336 OF 2023 (A)
BETWEEN:
Smt.Vinoda W/o K.S.Gurupadaswamy Aged about 53 years, R/at Heggadahalli, Kudige, Kushalnagara Kodagu - 571 236.
…APPELLANT
(By Shri Kalyan R., Advocate)
AND:
Digitally signed by D HEMA Location: HIGH COURT OF KARNATAKA
R2 to R6 are residing at Heggadahalli village, Kudige, Kodagu district - 571 236.
…RESPONDENTS
(By Shri P.Thejesh, HCGP for R1 Shri M.Vinaya Keerthy, Advocate for R7 R2 to R6 are served)
This Criminal Appeal is filed under Section 372 of Cr.P.C. praying to set aside the Judgment and order of acquittal dated 27.12.2017 passed by I Additional District and Sessions Judge, Kodagu, Madikeri in S.C.No.100/2013 and to convict the accused/respondents No.2 to 7 for the offences punishable under Sections 504, 324, 326, 307 read with Section 34 of IPC.
This Criminal Appeal, coming on for Orders, through physical hearing, this day, UMESH M. ADIGA, J., made the following:
ORDER
Heard the learned advocate for the appellant, the learned High Court Government Pleader for Respondent/ State and learned advocate for Respondent No.7. Though notice was duly served, Respondent Nos.2 to 6 have not appeared.
at Kushalanagar, which was referred to police for investigation and the police submitted a ‘B’ report in that case. Subsequently, a protest petition was filed. However, it was dismissed for non-prosecution on 17.09.2016. The said order was challenged by Respondent No.4 in Appeal No.914 of 2018 and in the said appeal, Court-notice was served on the appellant and appellant had engaged an Advocate in that case. After receiving the summons, the appellant came to know that the State has not preferred any appeal against the judgment dated 27.12.2017. Thereafter, the appellant intended to file an appeal and in the meanwhile, due to Covid-19 pandemic, she could not approach the Advocate and file an appeal. It was also stated that there was negotiation between the parties for settlement and it was not materialized. In view of these reasons, there is a delay of 1075 days in filing the appeal.
the appeal for all these years and only after disposal of Appeal No.914 of 2018, this appeal is filed. There are no just and reasonable grounds to condone the delay of 1075 days in filing this appeal. Therefore, prayed to reject the application.
a counter blast to the said order or shield to her contention that could be taken in the matter pending before the Sessions Court, in the connected matter, this appeal has been filed. If she really aggrieved by the impugned judgment, nothing prevented her from filing appeal. There is no bar to the victim to file an appeal, even though State has preferred an appeal.
are not bonafide , just and sufficient. Hence, we pass the
following:
ORDER
I.A.No.2 of 2023 filed under Section 5 of
the Limitation Act is rejected. Consequently,
the appeal is also dismissed.
Sd/JUDGE
Sd/-
DH List No.1, Sl.No.15
2 issues framed by the court
Whether the delay of 1075 days in filing the criminal appeal under Section 372 Cr.P.C. can be condoned under Section 5 of the Limitation Act.
Whether the reasons assigned by the appellant for the delay constitute just and sufficient grounds to condone the delay.
2 provisions across 2 enactments
Smt.Vinoda W/o K.S.Gurupadaswamy
The State of Karnataka
Kamalamma W/o Late Srikantaiah
Renukaradhya K.S.
Rekha K.S.
Ragini K.S.
H.B.PRABHAKARA SASTRY
UMESH M ADIGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
