Sikandar vs State Of Karnataka By
2021 Latest Caselaw 5948 Kant

                               1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF DECEMBER, 2021

                             BEFORE:

       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

           CRIMINAL APPEAL No.1170 OF 2021
                        C/w.
           CRIMINAL APPEAL No.1204 OF 2021

IN CRL.A. NO.1170 OF 2021:

BETWEEN:

1. NIJAMUDDIN
   S/O KAMRUDDIN
   AGED ABOUT 47 YEARS
   R/AT ISLAMPURA, 6TH CROSS
   NELAMANGALA TOWN
   BANGALURU DISTRICT-562123

2. EBRATH
   S/O KAMRUDDIN
   AGED ABOUT 41 YEARS
   R/AT ISLAMPURA, 6TH CROSS
   KASABA HOBLI, NELAMANGALA TOWN
   BANGALURU DISTRICT-562123.           ...   APPELLANTS

[BY SRI. BASAVARAJU T.A., ADVOCATE]

AND:

1. STATE OF KARNATAKA
   BY KUDUR POLICE
   RAMANAGAR DISTRICT
   REPRESENTED BY LEARNED
   STATE PUBLIC PROSECUTORS
   PUBLIC PROSECUTORS OFFICE
   AT HIGH COURT BUILDING
   HIGH COURT OF KARNATAKA
   AMBEDKAR VEEDI
   AT BANGALORE-560001
                                2




2. NATARAJU
   S/O KUMAR
   AGED ABOUT 32 YEARS
   R/AT BASAVANAHALLI VILLAGE
   NELAMANGALA TALUK
   BANGALORE DISTRICT-562123.            ...     RESPONDENTS

[BY SRI. SHANKAR H.S., HCGP]

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A(2)
OF SC/ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED
21.06.2021 PASSED IN CRL.MISC.NO.374/2021 BY I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, RAMANAGARA, CONSEQUENTLY
ENLARGE THE APPELLANTS ON BAIL IN CR.NO.258/2020 OF
KADUR P.S., RAMANAGARA DISTRICT FOR AN OFFENCE P/U/S 302,
506 R/W 34 OF IPC AND SEC.3(2)(v) OF SC/ST (POA) AMENDMENT
ACT, WHICH IS PENDING ON THE FILE OF THE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, RAMANAGARA DISTRICT IN
SPL.C.C.NO.1/2021.

                               ***
IN CRL.A. NO.1204 OF 2021:

BETWEEN:

1. SIKANDAR
   S/O MUNNA
   AGED ABOUT 36 YEARS
   R/AT ISLAMPURA, 1ST BIDI
   IKBAL MANE PAKKA
   KASABA HOBLI, NELAMANGALA TALUK
   BANGALORE DISTRICT - 562 123

2. MOHAMED MUSTAF @
   AUTO MOHAMAD
   S/O SADIK PASHA
   AGED ABOUT 36 YEARS
   R/AT UMARSABRAPALYA
   SOLUR HOBLI, MAGADI TALUK
   RAMANAGARA,
   RAMANAGARA DISTRICT-562159.               ...   APPELLANTS

[BY SRI. BASAVARAJU T.A., ADVOCATE]
                              3




AND:

1. STATE OF KARNATAKA BY
   KUDUR POLICE STATION
   RAMANAGARA DISTRICT
   REPRESENTED BY LEARNED
   STATE PUBLIC PROSECUTOR
   PUBLIC PROSECUTORS OFFICE
   AT HIGH COURT BUILDING
   HIGH COURT OF KARNATAKA
   AMBEDKAR VEEDHI
   AT BANGALORE - 560 001

2. NATARAJA
   S/O KUMAR
   AGED ABOUT 32 YEARS
   R/AT BASAVANAHALLI VILLAGE
   NELAMANGALA TALUK
   BANGALORE DISTRICT - 562 123.          ...   RESPONDENTS

[BY SRI. SHANKAR.H.S, HCGP-PH]

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2)
OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED
06.03.2021 PASSED IN CRL.MISC.NO.150/2021 BY I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, RAMANAGARA, CONSEQUENTLY
ENLARGE THE APPELLANTS ON BAIL IN CR.NO.258/2020 OF
KUDUR P.S., RAMANAGARA DISTRICT, FOR THE OFFENCE P/U/S
302, 506 R/W 34 OF IPC AND SEC.3(2)(v) OF SC/ST (POA)
AMENDMENT ACT, 2015, WHICH IS PENDING ON THE FILE OF THE
1ST  ADDITIONAL    DISTRICT   AND    SESSIONS  JUDGE    AT
RAMANAGARA DISTRICT IN CRL. MISC. NO.58/2020.

                           ***

     THESE CRIMINAL APPEALS COMING ON FOR ADMISSION
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

The learned counsel for the appellants after arguing

for sometime, has sought permission of the Court to

withdraw the appeals with liberty to the appellants to

approach the Sessions Court, after examination of the

eyewitness viz., C.W.1/first informant.

2. Liberty sought is granted.

Both the Criminal Appeals are dismissed as

withdrawn.

Sd/-

JUDGE

Ksm*