Karnataka High Court
D K Thulasamma vs State By on 29 June, 2022
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.1120/2022
BETWEEN:
D.K. THULASAMMA
AGED ABOUT 56 YEARS
D/O VEERABHADRAYYA
R/AT NAGARATHPET
CHINTAMANI TOWN
CHIKKABALLAPUR DISTRICT - 563 125
PRESENTLY R/AT DOOR NO.1597
NAGARABEEDHI, PUNGANUR
CHITTUR DISTRUCT, ANDHRA PRADESH
... APPELLANT
(BY SRI SAMEER S.N., ADVOCATE)
AND:
1. STATE BY
CHINTAMANI TOWN POLICE STATION
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 01
2. SHARADAMMA
W/O PARAMESH @ SHIVANNA
AGED 65 YEARS
R/AT NAGARATPET
CHINTAMANI TOWN
CHIKKABALLAPURA DISTRICT
3. S.PRABHAKARA
S/O LATE SHIVANNA
AGED ABOUT 39 YEARS
R/AT NAGARATH PET
2
CHINTAMANI TOWN
CHIKKABALLAPURA DISTRICT
4. SUDHAKARA
S/O LATE SHIVANNA
AGED ABOUT 37 YEARS
R/AT NAGARATPET
CHINTAMANI TOWN
CHIKKABALLAPURA DISTRICT
5. P.S.SATHYANARAYANA
ADVOCATE, CHINTAMANI TOWN
(DECEASED)
6. G.SRINIVAS
S/O LATE GURAPPA
AGED ABOUT 59 YEARS
R/OF KISHORA NILAYA
ANJANI EXTENSION
CHINTAMANI TOWN
CHIKKABALLAPUR DISTRICT - 563 125
7. N.G.SAIBABA @ N.G.SAINATH
S/O LATE GOPALAKRISHNAIAH SHETTY
AGED ABOUT 56 YEARS
R/O VENKATESHWARA EXTENSION
I DIVISION, CHIINTAMANI TOWN
CHIKKABALLAPURA DISTRICT - 563 125
8. SYED ELIAZ
S/O SYED AKBAR SAB
AGED 63 YEARS
R/O OPPOSITE TO PRAGATHI COLLEGE
M.G.ROAD, SOUTH SIDE, I DIVISION
CHINTAMANI TOWN
CHIKKABALLAPURA DISTRICT - 563 125
9. SHIVANNA
AGED ABOUT 52 YEARS
S/O M.NARAYANAPPA @ KRISHNAPPA
R/O BUKKANAHALLI VILLAGE
KOTHURU POST, AMBAJIDURGA HOBLI
3
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT - 563 125
10. NARASIMHAMURTHY (DECEASED
SECOND DIVISION CLERK
SUB-REGISTRAR OFFICE
CHINTAMANI TOWN
CHIKKABALLAPURA DISTRICT - 563 125
11. K.SRINIVAS
AUTHORISED DISTRICT DEED - WRITER
LICENSE NO.44/09-10
CHIKKAKONDRAHALLI, INTAMANI TOWN
CHIKKABALLAPURA DISTRICT - 563 125
12. N.VENKATARAMANA SWAMY
S/O V.NARYANASWAMY
AGED ABOUT 55 YEARS
R/O SOINNASHETTY HALLI
CHINTAMANI TALUK - 563 125
CHIKKABALLAPURA DISTRICT - 563 125
13. K.V.RAVI
S/O LATE H.V.RAMAKRISHNAPPA
AGED ABOUT 50 YEARS
R/AT CHOWDAREDDY PALYA
CHINTAMANI TOWN - 563 125
CHIKKABALLAPURA DISTRICT - 563 125
14. M.CHANDRASHEKAR
S/O LATE MUNINARYANAPPA
AGED ABOUT 55 YEARS
R/OF SONNASHETTY HALLI
CHINTAMANI TOWN - 563 125
CHIKKABALLAPURA DISTRICT - 563 125
... RESPONDENTS
(BY SRI R.D.RENUKARADHYA, HCGP FOR R1-STATE)
***
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT OF
ACQUITTAL DATED 21.03.2022 PASSED BY THE HON'BLE
4
PRL. CIVIL JUDGE AND JMFC AT CHINTAMANI IN
C.C.NO.610/2012.
THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS
THIS DAY, THE COURT DELIVERED THE FOLLOWING;
JUDGMENT
Office has raised certain objections including
maintainability of the appeal before this Court.
2. The appellant is the first informant/victim.
This appeal is preferred against the judgment and order
of acquittal passed by the learned Magistrate in respect
of offences punishable under Sections 420, 464, 465,
466, 468, 470, 471 and 120(B) of IPC.
3. Learned counsel for the appellant submits that
he may be permitted to withdraw the appeal, reserving
liberty to the appellant to file an appeal before the
Sessions Court, since an appeal is maintainable before
the said Court.
4. Liberty sought is granted.
5. If any such appeal is preferred, the learned
Sessions Judge shall consider liberally the delay in
preferring the appeal taking into consideration the
pendency of this appeal before this Court
With the above observations, the appeal is
dismissed as withdrawn.
SD/-
JUDGE
pgg
