Ehaa Hospital Vs Dr. Vishukumar M J — Karnataka HC (2026) — LawSathi Research

Ehaa Hospital Vs Dr. Vishukumar M J — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the criminal revision petition challenging the appellate orders in Crl.Apeal No.319/2023 should be considered at all, given that the petitioners did not comply with this Court's conditional order dated 07.03.2025 (suspension of sentence subject to a personal bond of Rs.50,000/- and deposit of 50% of the fine amount) even after extension of time granted vide order dated 31.01.2026, and the revision petition remained unadmitted.

Court's answer

Since the conditional order passed on 07.03.2025 (suspension of sentence subject to a personal bond of Rs.50,000/- and deposit of 50% of the fine amount) was passed in the year 2025 itself and, even after extension of time granted vide order dated 31.01.2026, the petitioners did not adhere to it, and the revision petition remained unadmitted and unpursued, the question of considering the revision petition did not arise.

Ratio / Principle

The revision petition, being against a concurrent finding confirmed in Crl.A.No.319/2023 and not pursued in compliance with this Court's conditional order, is dismissed.

Detailed headnote1 paragraphs

CRL.RP No. 222 of 2025 (High Court of Karnataka at Bengaluru) under S.397 r/w 401 Cr.P.C. by EHAA Hospital and its authorized signatory Ganesh Naidu Sonthosh Kumar against the orders dated 06.01.2025 in Crl.Apeal No.319/2023 of the LXVIII Addl. City Civil and Sessions Judge, Bengaluru, which had confirmed the concurrent finding arising out of complaint C.C.No.12013/2021 of the 4th Addl. Small Causes Judge and A.C.M.M Court of Small Causes, Bengaluru (dated 06.02.2023) filed by Dr. Vishukumar M.J. Sentence had been suspended by this Court's order dated 07.03.2025 subject to execution of a personal bond of Rs.50,000/- with one surety and deposit of 50% of the fine amount, including the amount already deposited, within six weeks; time was extended by one week vide order dated 31.01.2026, yet the conditional order was not complied with and the revision petition stood unadmitted. Holding that, on such non-adherence and non-pursuit, the question of considering the revision petition did not arise, Justice H.P.Sandesh dismissed the revision petition (oral order dated 17.06.2026).

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NC: 2026:KHC:29554 CRL.RP No. 222 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH

CRIMINAL REVISION PETITION NO. 222 OF 2025

BETWEEN:

EHAA HOSPITAL REPRESENTED BY ITS AUTHORIZED SIGNATORY

MR. GANESH NAIDU SANTHOSH KUMAR NO.9, 3^RD CROSS, MANORAYANAPALYA SULTANPALYA MAIN ROAD, R.T.NAGAR, BENGALURU-560 032.

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

MR. GANESH NAIDU SONTHOSH KUMAR S/O LATE GANESH NAIDU AGED ABOUT 39 YEARS THE AUTHORIZED SIGNATORY EHAA HOSPITAL NO.9, 3^RD CROSS, MANORAYANAPALYA SULTANPALYA MAIN ROAD, R.T. NAGAR BENGALURU-560 032.

…PETITIONERS

(BY SMT. DEEPA V., ADVOCATE)

AND:

DR. VISHUKUMAR M.J., S/O JAGADEESH M.B., AGED ABOUT 39 YEARS NO.950, 2^ND FLOOR, 2^ND MAIN ROAD, M.C.LAYOUT, VIJAYANAGAR BENGALURU -560 040.

…RESPONDENT

(BY SRI. LOKESH S.G., ADVOCATE)

2 - NC: 2026:KHC:29554 CRL.RP No. 222 of 2025

HC-KAR

THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDERS OF THE LOWER APPELLATE COURT LXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU, PASSED IN CRL.APPEAL NO.319/2023 DATED 6^TH JANUARY 2025 BY ALLOWING THIS REVISION PETITION AND DISMISS THE COMPLAINT ON THE FILE OF 4TH ADDL. SMALL CAUSES JUDGE AND A.C.M.M COURT OF SMALL CAUSES, BENGALURU IN C.C.NO.12013/2021 DATED 06.02.2023 FILED BY THE RESPONDENT/COMPLAINANT.

THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER

This Court vide order dated 07.03.2025 suspended sentence subject to executing a personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Trial Court and so also directed to deposit 50% of the fine amount, including the amount already deposited within six weeks and the said amount was not deposited. However, once again, the petitioners approached this Court by filing an application for extension of time and the same is also extended by granting one week time vide order dated 31.01.2026. Even though time is extended, conditional order is not complied and this revision petition is not yet admitted. When the revision petitioners have not complied the order and when the order

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NC: 2026:KHC:29554 CRL.RP No. 222 of 2025

HC-KAR

was passed in the year 2025 itself and even after extension of time also not adhered to the order passed by this Court, the question of considering this revision does not arise.

This revision petition is filed against the concurrent finding and the same is confirmed in Crl.A.No.319/2023. Under the circumstances, when no application is filed again for extension of time and the petitioners have also not obeyed the order passed by this Court in the month of March, 2025 itself, the question of considering this revision petition does not arise as the same is not pursued.

Accordingly, the revision petition is dismissed.

Sd/(H.P.SANDESH) JUDGE

ST

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