Sri. Gurumurthy vs The State By Govindarajanagar P.S
2023 Latest Caselaw 5420 Kant

                                                     -1-
                                                               NC: 2023:KHC:27926
                                                           CRL.A No. 1491 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 8TH DAY OF AUGUST, 2023

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL NO. 1491 OF 2022
                      BETWEEN:

                            SRI. GURUMURTHY,
                            S/O. VIRUPAKSHA,
                            AGED ABOUT 32 YEARS,
                            RESIDENT AT NO.54,
                            ELEGANT EMBASSY,
                            12TH MAIN , 4TH BLOCK,
                            BENGALURU - 560 011.
                                                                     ...APPELLANT
                      (BY SRI. CHANDAN M., ADVOCATE FOR,
                          SRI. B. N. SUNIL KUMAR, ADVOCATE)

                      AND:

                      1.    THE STATE BY GOVINDARAJANAGAR P.S.,
                            BENGALURU,
                            REPRESENTED BY SPP,
                            HIGH COURT OF KARNATAKA,
Digitally signed by         AMBEDKAR VEEDHI,
LAKSHMINARAYANA
MURTHY RAJASHRI             BENGALURU - 560 001.
Location: HIGH
COURT OF
KARNATAKA             2.    POOJA S MADAR,
                            D/O. SURESH,
                            AGED ABOUT 23 YEARS,
                            P.F. LAYOUT,
                            VIJAYANAGAR,
                            BENGALURU - 560 040.
                                                                  ...RESPONDENTS

                      (BY SRI. RENUKARADHYA R. D., HCGP FOR R1;
                          R2 SERVED AND UNREPRESENTED)
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                                              NC: 2023:KHC:27926
                                         CRL.A No. 1491 of 2022




     THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASDIE THE ORDER PASSED BY THE LXX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL
JUDGE, BENGALURU (CCH-71) IN CR.NO.132/2022 OF THE
GOVINDRAJANAGAR POLICE, BENGALURU ON THE FILE OF OF
CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-71)
FOR THE OFFENCE P/U/S 376, 376(N), 323, 504, 506 OF IPC
AND SECTION 3(1)(r), 3(1)(s), 3(1)(w), (i)(ii), 3(2)(v) OF
SC/ST (POA) ACT. AND GRANT THE ANTICIPATORY BAIL TO
THE APPELLANT BY ALLOWING THIS APPEAL.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

Learned counsel for the appellant files a memo seeking

withdrawal of the appeal with liberty to file an appeal subject to

result of criminal petition filed under Section 482 of Cr.P.C.

2. The said memo reads thus:

"As the investigation in the Crime No 132/2022 involved in the above Appeal, is stayed by the Hon'ble High court in Criminal Petition No.7794/2022, dated 24.08.2022, the Petitioner may be permit to withdraw the Appeal with liberty to file an Appeal subject to result of Criminal petition under Section 482 Cr.P.C. Hence this Memo."

NC: 2023:KHC:27926 CRL.A No. 1491 of 2022

3. In view of the memo, appeal is dismissed as

withdrawn with liberty to file an appeal subject to result of

criminal petition filed under Section 482 of Cr.P.C.

Sd/-

JUDGE

RKM

CT: AVB