Dinesh S vs The State Of Karnataka
2023 Latest Caselaw 10176 Kant

Karnataka High Court

Dinesh S vs The State Of Karnataka on 11 December, 2023

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                    -1-
                                                                  NC: 2023:KHC:44869
                                                             CRL.A No. 1945 of 2023




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 11TH DAY OF DECEMBER, 2023

                                                  BEFORE

                           THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

                                    CRIMINAL APPEAL NO. 1945 OF 2023

                      BETWEEN:

                      DINESH S. S/O SUBRAMANI,
                      AGED 28 YEARS,
                      R/A C/O. MUNIRAJAPPA BUILDING,
                      12TH CROSS, CHOKKASANDRA,
                      T. DASARAHALLI, BENGALURU-560057.
                                                                         ... APPELLANT
                      (BY SRI. VISHWANATH KANAVI, ADVOCATE)

                      AND:

                      1.     THE STATE OF KARNATAKA,
                             MADANAYAKANAHALLY P.S.,
                             R/BY STATE PUBLIC PROSECUTOR,
                             HIGH COURT BUILDING,
                             BENGALURU-560001.

                      2.     JAYANNA G. S/O GURUMURTHAPPA,
                             AGED 48 YEARS,
Digitally signed by          R/A. ASHOK KHENI LAYOUT,
LAKSHMINARAYANA
MURTHY RAJASHRI              MADAVARA VILLAGE,
Location: HIGH
COURT OF                     DASANPURA HOBLI,
KARNATAKA
                             BENGALURU RURAL DISTRICT-560057.
                                                                      ... RESPONDENTS

                            THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015
                      BY THE ADVOCATE FOR THE APPELLANT/S PRAYING TO SET ASIDE
                      THE ORDER DATED 05.08.2023 PASSED IN CRL.MISC.NO.1374/2023
                      PASSED BY THE LEARNED II ADDL. DISTRICT AND SESSION JUDGE,
                      BENGALURU RURAL, FOR THE OFFENCE P/U/S 143, 147, 148, 341,
                      302, 109, 120B, 201, 150 R/W 149 OF IPC AND P/U/S 3(2)(5) OF
                      SC/ST ACT 1989 AND ENLARGE THE APPELLANT ON BAIL IN
                      CR.NO.427/2021 REGISTERED BEFORE THE MADANAYAKANAHALLY
                      POLICE STATION, FOR THE OFFENCE P/U/S 143, 147, 148, 341, 302,
                      109, 120B, 201, 150 R/W 149 OF IPC AND P/U/S 3(2)(5) OF SC/ST
                                   -2-
                                                  NC: 2023:KHC:44869
                                            CRL.A No. 1945 of 2023




ACT 1989 NUMBERED AS SPL.C.903/2021 WHICH IS PENDING ON
THE FILE OF II ADDL. DISTRICT AND SESSION JUDGE, BENGALURU
RURAL, BENGALURU.

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

                             JUDGMENT

Learned counsel for the appellant files a memo

seeking withdrawal of the appeal.

The memo reads as under:

"MEMO FOR WITHDRAWAL The undersigned counsel respectfully submits that, during following up of the above case, it came to the knowledge that, the appellant had already filed an appeal bearing No.Crl.A.1965/2023, which came to be dismissed on 05.10.2023. During the pendency of the said case, this instant appeal had been filed on 20.09.2023, without knowledge of earlier appeal. However, at the time of following up it came to the knowledge, therefore the counsel in the instant appeal intends to withdraw the appeal. Hence this memo of withdrawal may kindly be taken on record, in the interest of justice."

In view of the memo, appeal is dismissed as not

pressed.

Sd/-

JUDGE AC