Raju S/O Ramaswamy vs The State Of Karnataka
2021 Latest Caselaw 1877 Kant

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       IN THE HIGH COURT OF KARNATAKA
               DHARWAD BENCH

  DATED THIS THE 6TH DAY OF APRIL, 2021

                     PRESENT

 THE HON'BLE MR. JUSTICE K.SOMASHEKAR

                        AND

       THE HON'BLE MR. JUSTICE M.I.ARUN

       CRIMINAL APPEAL NO.100166/2020

BETWEEN:

RAJU S/O RAMASWAMY
AGE: MAJOR, OCC: MASON,
R/O: CHIKKATTUR, TQ TARIKERE,
DIST: CHIKKAMAGALUR-577228,
NOW RESIDING AT TARIHAL,
TQ: HUBBALLI, DIST: DHARWAD-580026.
                                      ...APPELLANT

(BY SRI. VISHNU BHAT, ADVOCATE)

AND:

THE STATE OF KARNATAKA
R/BY POLICE INSPECTOR,
HUBBALLI RURAL POLICE STATION,
THROUGH ADDL.STATE PUBLIC PROSECUTOR,
HIGH COURT DHARWAD BENCH, DHARWAD.
                                   ...RESPONDENT

(BY SRI. V. M. BANAKAR, ADDL. SPP)
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     THIS CRIMINAL APPEAL IS FILED U/S 374 (2) OF
CR.P.C., SEEKING TO CALL FOR THE RECORDS AND THE
ORDER OF CONVICTION PASSED IN SC NO.150/2010 ON
THE FILE OF THE LEARNED PRESIDING OFFICER, FAST
TRACK COURT NO.II, DHARWAD, SITTING AT HUBBALLI,
DATED 26/08/2011, WHEREIN THE APPELLANT / ACCUSED
WAS SENTENCED TO UNDERGO IMPRISONMENT FOR LIFE
FOR THE OFFENCE PUNISHABLE U/S 302 OF IPC AND
ALSO TO PAY A FINE OF RS.3,000/- IN DEFAULT TO
UNDERGO FURTHER RIGOROUS IMPRISONMENT FOR TWO
MONTHS MAY KINDLY BE SET ASIDE AND MAY KINDLY
ORDER FOR ACQUITTAL OF THE APPELLANT/ACCUSED
SINCE HE IS LANGUISHING IN THE PRISON SINCE MORE
THAN 9 YEARS.

     THIS APPEAL COMING ON FOR ORDERS THROUGH
PHYSICAL HEARING, THIS DAY, K. SOMASHEKAR, J.,
MADE THE FOLLOWING:

                              ORDER

Learned counsel Sri. Vishnu Bhat for the appellant

and so also the learned Addl. SPP for the State are present

before the Court physically.

In this appeal the counsel for the appellant has filed

a memo dated 19.03.2021, wherein it is stated that the

appellant, who is said to be the accused in

S.C.No.150/2010, is convicted by the trial Court by order

dated 26.08.2011, but he has preferred the appeal before

this Court challenging the impugned judgment of

conviction and order of sentence. However, the

appellant/accused has undergone imprisonment for more

than 10 years and there are chances of he getting released

by the Government on his good conduct. Unless the

appeal pending before the Court having jurisdiction is

disposed of, the benefit of permissible release on good

conduct swill be adversely affected. On these grounds, in

the memo the counsel is seeking to permit the

appellant/accused to withdraw the appeal.

Accordingly, the appellant is permitted to withdraw

the appeal as sought for.

Sd/-

JUDGE

Sd/-

JUDGE

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