The State of Karnataka by Vs Huchharaya — Karnataka HC (2025) — LawSathi Research

The State of Karnataka by Vs Huchharaya — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:42178 CRL.A No. 1527 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE G BASAVARAJA

CRIMINAL APPEAL NO. 1527 OF 2025 (A)

BETWEEN:

THE STATE OF KARNATAKA BY SHIKARIPURA RURAL POLICE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU.

…APPELLANT

(BY SRI RANGASWAMY R, HCGP A/STATE)

AND:

HUCHHARAYA,

S/O HALLENNE SHIVANNA, AGED ABOUT 44 YEARS, R/O 5^TH CROSS, VINAYAKA NAGAR, SHIKARIPURA TOWN - 577427.

Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA

KHUBYA NAIK, S/O POORY NAIK, AGED ABOUT 64 YEARS, R/O CHUNCHANAKOPPA VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - 577201.

…RESPONDENTS THIS CRL.A IS FILED U/S 378(1)(3) CR.PC (FILED U/S 419 BNSS) BY THE SPP FOR THE STATE PRAYING TO 1.GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 05.08.2023 PASSED BY THE II ADDL.DISTRICT AND SESSIONS JUDGE SHIVAMOGGA IN SPL.C.NO.01/2021 ACQUITTING THE RESPONDENT OF THE OFFENCE P/U/S 504,323,506 OF IPC AND SEC.3(1)(r),3(1)(s)3(2)(va) OF SC/ST (POA) ACT 2015 AND ETC.

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NC: 2025:KHC:42178 CRL.A No. 1527 of 2025

HC-KAR

THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

Heard on IA.I of 2025 filed under section 5 of Limitation Act by the State seeking to condone the delay of 587 days caused in preferring this appeal. The application is supported by the affidavit of Sri B.P. Manjunatha, Law Officer (Senior) (Criminal) SC/ST Opinion Section from 04^th September, 2024 in the Office of the Director of Prosecutions and Government Litigations, Bengaluru. It is stated in the affidavit that Special Case No.01 of 2021 was conducted by Public Prosecutor of II Additional District and Sessions Judge at Shivamogga and on 07^th August, 2023 it was applied for certified copies of judgment and the same was received on 07^th August, 2023 and sent opinion on 21^st September, 2023 to the Law Officer (Senior), Davanagere and the Law Officer (Senior) sent her opinion on 10^th October, 2023 to the Director of Prosecutions and Government Litigations and the Law Officer (Senior) gave her opinion on 02^nd November, 2023 and opinion file was sent to Government on 03^rd November, 2023, since all have opined that

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HC-KAR

the case is fit case for preferring appeal. The Government also opined the same on 28^th March, 2024 in its letter No.HD:12981:HCP-I:2023 by authorsing State Public Prosecutor, High Court of Karnataka to prefer the appeal. Further, it is stated that the file was required to pass through so many officers and Sections and also Government Secretariat before passing an order to prefer an appeal against the impugned judgment and order and the delay of 587 days has caused due to above reasons. On all these grounds it is sought to allow the Application IA.I of 2025 and to condone the delay.

I have examined the material placed before me. There is no proper explanation in the affidavit to condone the inordinate delay of 587 days in preferring this appeal. Though the offences are punishable under the provisions of SC/ST (PoA) Act, the concerned authorities have failed to comply with the mandatory provisions of the said act and also the provisions of the Scheduled caste and Scheduled Tribes, (Prevention of Atrocities) Rules, 1995. The concerned authorities have failed to understand the seriousness of the offence and casually have filed the affidavit without assigning any proper or acceptable reason to condone the abnormal delay of 587 days. Hence, I

NC: 2025:KHC:42178 CRL.A No. 1527 of 2025

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HC-KAR

do not find any sufficient cause to allow this application. Accordingly IA.1 of 2025 is rejected. Consequently appeal is

also dismissed.

Sd/(G BASAVARAJA) JUDGE

LNN List No.: 1 Sl No.: 65