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Nagaraj. C Vs Kanakaraju. R — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
Nagaraj. C Vs Kanakaraju. RNagaraj. C v. Kanakaraju. R

Dismissed¶31

Nagaraj. C v. Kanakaraju. R

Karnataka HC1 Jun 2026CRL.RP/474/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CRL.RP No. 474 of 2025; decided 01.06.2026; Justice H.P. Sandesh; Nagaraj C v. Kanakaraju R; revision under Sections 397/401 Cr.PC against conviction and sentence dated 25.11.2023 in C.C.No.6130/2021 (XXIII Addl. CMM, Bengaluru); conditional suspension of sentence by order dated 10.06.2025 requiring deposit of 50% of fine within 4 weeks; non-compliance and absence of timely extension application; application I.A.No.1/2026 filed only after NBW issued by Trial Court, citing financial constraints; I.A. dismissed as unsatisfactory; concurrent finding of Trial Court and Appellate Court; limited revisional scope; revision petition dismissed for non-compliance. No precedents cited; fine quantum not stated.

What did the court decide?

The petitioner's explanation of financial constraints for not complying with the conditional order dated 10.06.2025 in time, moving only after issuance of NBW, was found unsatisfactory and not accepted; accordingly I.A.No.1/2026 is dismissed.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner's belated application (I.A.No.1/2026), filed only after issuance of NBW and pleading financial constraints, could excuse non-compliance with the conditional order dated 10.06.2025 (deposit of 50% of the fine amount within 4 weeks for suspension of sentence). +1 more

Court's answer

The petitioner's explanation of financial constraints for not complying with the conditional order dated 10.06.2025 in time, moving only after issuance of NBW, was found unsatisfactory and not accepted; accordingly I.A.No.1/2026 is dismissed.

Ratio / Principle

Perusal of the orders of the Trial Court and the Appellate Court disclosed a concurrent finding, and the scope of revision before this Court is limited.

Key takeaways

Since the revision petitioner had not complied with this Court's order, the question of considering the revision did not arise; consequently, the revision petition is also dismissed.ratio¶31

Detailed headnote1 paragraphs

Criminal Revision Petition (CRL.RP No. 474 of 2025) under S.397 r/w 401 Cr.PC by Nagaraj C seeking to set aside his conviction and sentence dated 25.11.2023 in C.C.No.6130/2021 (XXIII Addl. Chief Metropolitan Magistrate, Bengaluru). Earlier, by order dated 10.06.2025, this Court had suspended the sentence conditioned on deposit of 50% of the fine amount within 4 weeks. The petitioner neither complied within time nor applied for extension, moving only after the Trial Court issued an NBW, about a year later, pleading financial constraints. Holding the explanation unsatisfactory, the Court dismissed I.A.No.1/2026. Noting concurrent findings of the Trial Court and the Appellate Court, the limited scope of revision, and the petitioner's failure to comply with the Court's own conditional order, the Court held the question of considering the revision did not arise and dismissed the revision petition (H.P. Sandesh, J.).

A

NC: 2026:KHC:25440 CRL.RP No. 474 of 2025

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF JUNE, 2026

BEFORE

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

CRIMINAL REVISION PETITION NO.474 OF 2025

BETWEEN:

NAGARAJ C S/O LATE CHINNAPPA AGED ABOUT 45 YEARS R/AT NO.11/4, 2^ND FLOOR 10^TH MAIN ROAD, K.P.AGRAHARA MAGADI ROAD BENGALURU – 560023

…PETITIONER

(BY SRI GOPAL SINGH, ADVOCATE) AND:

Digitally signed KANAKARAJU R by DEVIKA M S/O RAMALINGAM Location: HIGH AGED ABOUT 47 YEARS COURT OF R/AT NO.3, 5^TH CROSS KARNATAKA 10^TH MAIN ROAD, K.P.AGRAHARA MAGADI ROAD BENGALURU – 560023

…RESPONDENT

(BY SRI. S RAJASHEKAR, ADVOCATE)

THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE DATED 25.11.2023, AS PER DOCUMENT NO.1 IN

2 -

NC: 2026:KHC:25440 CRL.RP No. 474 of 2025

HC-KAR

C.C.NO.6130/2021 ON THE FILE OF THE HONBLE XXIII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER

This Court vide order dated 10.06.2025 suspended the sentence against the petitioner subject to depositing of 50% of the fine amount including the amount already deposited, if any, within a period of 4 weeks. But the revision petitioner has not filed any application within time for extension of time to comply the said order and even after the expiry of the time also, not filed any application and only after the issuance of NBW by the Trial Court, the present application is filed that is after one year assigning the reason that due to financial constraints, the petitioner could not comply with the order dated 10.06.2025.

Having taken note of the reason assigned in the application and when the conditional order was passed by this Court almost one year ago, the petitioner has not complied the same and not even filed any application for extension of time within time or after expiry of the stipulated time and only after

3 -

NC: 2026:KHC:25440 CRL.RP No. 474 of 2025

HC-KAR

issuance of NBW against the petitioner by the Trial Court, the present application is filed and the reason assigned in the application is not satisfactory to the Court and hence, the same is not accepted. Accordingly, I.A.No.1/2026 is dismissed.

Having perused the order passed by the Trial Court

as well as the Appellate Court, it discloses that there is a concurrent finding and scope of revision before this Court is also limited. When the revision petitioner is not complying the order of this Court, the question of considering the revision also

does not arise. Consequently, the revision petition is also dismissed.

Sd/- (H.P.SANDESH) JUDGE

SN

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner's belated application (I.A.No.1/2026), filed only after issuance of NBW and pleading financial constraints, could excuse non-compliance with the conditional order dated 10.06.2025 (deposit of 50% of the fine amount within 4 weeks for suspension of sentence).¶23
The court held
The petitioner's explanation of financial constraints for not complying with the conditional order dated 10.06.2025 in time, moving only after issuance of NBW, was found unsatisfactory and not accepted; accordingly I.A.No.1/2026 is dismissed.ratio¶28
2.
Whether the criminal revision petition, in the face of concurrent findings of the Trial Court and the Appellate Court and the petitioner's non-compliance with this Court's order, deserved consideration.medium confidence¶30
The court held
Perusal of the orders of the Trial Court and the Appellate Court disclosed a concurrent finding, and the scope of revision before this Court is limited.ratio¶30

Statutes considered

1 provisions across 1 enactments

AI extract

Cr.PC397 r/w 401¶16

Procedural history

How this case reached the court

AI extract

Order under challenge
Order of conviction and sentence dated 25.11.2023 (Document No.1) in C.C.No.6130/2021, sought to be set aside in this revision petition.¶16
Hon'ble XXIII Addl. Chief Metropolitan Magistrate, Bengaluru · 25.11.2023
Prior proceeding
Trial: conviction and sentence dated 25.11.2023 in C.C.No.6130/2021 before the XXIII Addl. Chief Metropolitan Magistrate, Bengaluru.¶20
Prior proceeding
Appellate Court dealt with the matter; this Court noted concurrent findings of the Trial Court and the Appellate Court (appellate forum/order date not stated in the judgment).¶30
Prior proceeding
By order dated 10.06.2025 this Court suspended the sentence conditioned on deposit of 50% of the fine amount (including any amount already deposited) within 4 weeks; the petitioner neither complied nor sought extension of time.¶23
Prior proceeding
Only after the Trial Court issued a Non-Bailable Warrant (NBW) did the petitioner file the present application (I.A.No.1/2026), about a year later, pleading financial constraints.¶23

Parties & counsel

AI extract

petitioner
Nagaraj C s/o Late Chinnappa, aged about 45 years, R/at No.11/4, 2nd Floor, 10th Main Road, K.P.Agrahara, Magadi Road, Bengaluru – 560023¶10
Gopal Singh
respondent
Kanakaraju R s/o Ramalingam, aged about 47 years, R/at No.3, 5th Cross, 10th Main Road, K.P.Agrahara, Magadi Road, Bengaluru – 560023¶13
S. Rajashekar

Coram

AI extract

H.P. Sandeshauthor¶21

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 1 Jun 2026 · June
Registered: 25 Mar 2025
Case no.: CRL.RP/474/2025
CNR: KAHC010179532025
Bench: H.p.sandesh
Disposal: DISMISSED
Case type: CRL.RP

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Cite this judgement

Nagaraj. C v. Kanakaraju. R, CRL.RP/474/2025 (KA), decided on 1 June 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Cr.PC397 r/w 401

View all statutes

Procedural history5

Order of conviction and sentence dated 25.11.2023 (Document No.1) in C.C.No.6130/2021, sought to be set aside in this revision petition.Hon'ble XXIII Addl. Chief Metropolitan Magistrate, Bengaluru · 25.11.2023
Trial: conviction and sentence dated 25.11.2023 in C.C.No.6130/2021 before the XXIII Addl. Chief Metropolitan Magistrate, Bengaluru.
Appellate Court dealt with the matter; this Court noted concurrent findings of the Trial Court and the Appellate Court (appellate forum/order date not stated in the judgment).

View full history

Bench / Coram

H.P. Sandesh

Parties & counsel