Karnataka High Court
The State By vs Lokesha on 25 October, 2025
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NC: 2025:KHC:42455
CRL.A No. 662 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 662 OF 2025
BETWEEN:
THE STATE BY STATION HOUSE OFFICER,
ARAKERE POLICE STATION,
MANDYA DISTRICT.
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 1.
...APPELLANT
(BY SRI. B. LAKSHMAN, HCGP)
AND:
LOKESHA
S/O KOKKARE THAMME GOWDA,
AGED ABOUT 45 YEARS,
R/AT ARAKERE TOWN,
SRIRANGAPATNA TALUK,
Digitally signed by
LAKSHMINARAYAN MANDYA - 571 401.
N
...RESPONDENT
Location: HIGH
COURT OF
KARNATAKA
THIS CRIMINAL APPEAL IS FILED U/S 377 CR.PC (FILED
U/S 418 BNSS) BY THE SPP FOR THE STATE PRAYING TO
1. MODIFY THE ORDER OF SENTENCE DATED 08.01.2024
PASSED BY THE III ADDL.DISTRICT AND SESSIONS JUDGE
MANDYA (SITTING AT SRIRANGAPATNA) IN S.C.NO.5033/2017
AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
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NC: 2025:KHC:42455
CRL.A No. 662 of 2025
HC-KAR
ORAL JUDGMENT
ORDER ON IA.I/2025 Heard on IA.I/2025 filed under Section 5 of Limitation Act to condone the delay of 512 days in filing the appeal.
2. The application is supported by an affidavit of L.M.Yelsangikar, the Deputy Director of Prosecution in which it is stated that the impugned judgment under challenge was passed by the III Additional District and Sessions Judge, Mandya in S.C.No.5033/2017 dated 08.01.2024. The concerned public prosecutor had applied for the copy of the judgment on 09.01.2024. The copies were ready on 25.01.2024 and were required to be received on 03.02.2024 and the same were received on the said date.
3. The Public Prosecutor forwarded his opinion to the Law Officer (Senior) Mysore Division, on 12.02.2024. The Law Officer (Senior) Mysore Division received the same on 17.02.2024 and furnished his opinion on 28.02.2024, -3- NC: 2025:KHC:42455 CRL.A No. 662 of 2025 HC-KAR and forwarded the same to the office of the Director of Prosecution, which were received on 06.03.2024.
4. Further it is stated that Smt.T.S.Gopika, the Public Prosecutor, Office of the Director of Prosecution had furnished her opinion on 15.03.2024 and forwarded the same to the deponent and even deponent was of the opinion that the case as fit for appeal, and furnished her opinion on 18.03.2024 with a covering letter of the Director of Prosecution, the entire records are sent to the office of the Principal Chief Secretary, Home, Government of Karnataka, Bengaluru on 19.03.2024.
5. The Principal Secretary, Home has also concurred and passed an order bearing No.HD3009:HCP:II, Bengaluru dated 22.08.2024 to prefer an appeal and forwarded the file to the office of Advocate General, High Court of Karnataka, Bengaluru.
6. In view of procedural aspects of routing the opinion through the above said offices, there is an inevitable delay in preferring this appeal and thus, the -4- NC: 2025:KHC:42455 CRL.A No. 662 of 2025 HC-KAR delay of 512 days accrued deserves to be condoned by this Court. On all these grounds, he sought to allow this application.
7. The State has preferred this appeal for enhancement of sentence passed by the Trial Court. The Trial Court has convicted the accused for the offence under sections 498-A, 323, 504, 506 of Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act and had acquitted the accused for the offence under Section 307 of Indian Penal Code.
8. The Trial Court has passed a sentence of Simple Imprisonment for a term of 3 years and a fine of Rs.10,000/- for the offence under section 498-A of Indian Penal Code.
9. The accused is also sentenced to undergo simple imprisonment for a period of six months for the offence punishable under Section 323 of Indian Penal Code. -5-
NC: 2025:KHC:42455 CRL.A No. 662 of 2025 HC-KAR
10. The accused is sentenced to undergo simple imprisonment for a period of six months for the offence punishable under Section 504 of Indian Penal Code.
11. The accused is also sentenced to undergo simple imprisonment for a period of one year for the offence punishable under Section 506 of Indian Penal Code.
12. The accused is sentenced to undergo simple imprisonment for a period of three years and fine of Rs.15,000/- for the offence punishable under Section 3 of Dowry Prohibition Act.
13. The accused is further sentenced to undergo simple imprisonment for a period of six months and fine of Rs.1,000/- for the offence punishable under Section 4 of Dowry Prohibition Act.
14. The State has not produced any documents to substantiate the averments made in the affidavit. The deponent has not placed sufficient cause to condone the abnormal delay of more than 500 days in preferring this -6- NC: 2025:KHC:42455 CRL.A No. 662 of 2025 HC-KAR appeal. Hence, it is not just and proper to allow this application. Accordingly, I proceed to pass the following:
ORDER IA.I/2025 is dismissed. Consequently, the appeal is also dismissed.
Sd/-
(G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 46 CT:PH