Karnataka High Court
Mubarak @ Mubarak Husensab Byadgi vs The State Of Karnataka on 1 July, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2024:KHC:24303
CRL.A No. 901 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 901 OF 2024
BETWEEN:
MUBARAK
@ MUBARAK HUSENSAB BYADGI
S/O HUSSAIN SAB
AGED ABOUT 23 YEARS
RESIDING AT HENCHINA FACTORY
RAJANAGARA, RANGAPURA
OORKERE CHECK POST
TUMAKURU DISTRICT
KARNATAKA - 571 101.
...APPELLANT
(BY SRI T P CHIDAMBAR SWAROOP, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY WOMEN
Digitally signed by POLICE STATION TUMAKURU
LAKSHMINARAYANA KARNATAKA - 572 103.
MURTHY RAJASHRI
Location: HIGH
COURT OF 2. MANJULA
KARNATAKA
W/O RAVEENDRA G
AGED ABOUT 45 YEARS
RESIDING AT ASHWATHAKATTE
OPPOSITE TO NAGANAPALYA
SIRA GATE, TUMAKURU
KARNATAKA - 572 106.
...RESPONDENTS
(BY SRI R RANGASWAMY, HCGP FOR R1)
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NC: 2024:KHC:24303
CRL.A No. 901 of 2024
THIS CRL.A. IS FILED UNDER SECTION 14(A)(2) OF
SC/ST (POA) ACT, 2015 PRAYING TO ENLARGE THE APPELLANT
ON BAIL IN SPL.C.No.910/2023 IN THE COURT OF ADDITIONAL
DISTRICT AND SESSIONS JUDGE, FTSC-I AT TUMAKURU FOR
OFFENCES UNDER SECTION 376 OF IPC AND SECTION 6 OF
THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT,
2012 AND SECTION 3(2)(V) OF THE SC AND ST (POA)
AMENDMENT ACT, 2015 AND ETC.,
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. The memo reads thus:
"I the undersigned Advocate for the appellant herein submits that the office has raised an objection as to the maintainability of the appeal and that it had to be filed under Section 439 of Code of Criminal Procedure. So the petitioner mostly humbly submits to permit to dismiss this appeal as withdrawn with liberty to file a fresh petition in the ends of justice."
2. In view of the memo, appeal is dismissed as withdrawn. Liberty is reserved to the appellant to file a fresh petition, if he is so advised. -3-
NC: 2024:KHC:24303 CRL.A No. 901 of 2024
3. Registry is directed to return the documents to the learned counsel for the appellant.
Sd/-
JUDGE LRS List No.: 1 Sl No.: 2