Ishwar vs The State And Anr
2023 Latest Caselaw 9382 Kant

Karnataka High Court

Ishwar vs The State And Anr on 5 December, 2023

Author: K Natarajan

Bench: K Natarajan

                                          -1-
                                                 NC: 2023:KHC-K:9001
                                                 CRL.A No. 200244 of 2023




                         IN THE HIGH COURT OF KARNATAKA

                                 KALABURAGI BENCH

                     DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                       BEFORE
                       THE HON'BLE MR JUSTICE K NATARAJAN


               CRIMINAL APPEAL NO. 200244 OF 2023 (U/S 14 (A)-)
              BETWEEN:

              ISHWAR
              S/O BHIMANNA @ BHIMASHA PUJARI
              AGE: 27 YEARS, OCC: AGRICULTURE,
              R/O DHANNUR VILLAGE, TQ. ALAND
              DIST. KALABURAGI-585302.
                                                            ...APPELLANT
              (BY SRI. SURESH CHANDRASHEKAR TENGLI, ADVOCATE)

              AND:

              1.   THE STATE THROUGH
                   NARONA POLICE STATION, KALABURAGI,
                   REPRESENTED BY LEARNED ADDL.
                   STATE PUBLIC PROSECUTOR
Digitally          HIGH COURT OF KARNATAKA
signed by B
NAGAVENI           AT KALABURAGI-585107.
Location:
High Court    2.   BASAMMA W/O KALLAPPA HARALAYYA
Of                 AGE: 70 YEARS, OCC: COOK
Karnataka          R/O DHANNUR VILLAGE, TQ. ALAND,
                   DIST. KALABURAGI-585302.
                                                           ...RESPONDENTS
              (BY SMT.ANITA M. REDDY, HCGP FOR R1;
               NOTICE TO R2 IS HELD SUFFICIENT
               V/O DATED 27.11.2023)

                   THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A OF
              SC/ST (PA) ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE
              THE ORDER DATED 21.07.2023 IN CRL.MISC.NO.1194/2023
              REJECTING THE PETITION FILED BY THE APPELLANT UNDER
              SECTION 438 OF CR.P.C., AND ISSUE DIRECTION TO RESPONDENT
                               -2-
                                    NC: 2023:KHC-K:9001
                                    CRL.A No. 200244 of 2023




NO.1 POLICE STATION TO RELEASE THE APPELLANT IN THE EVENT
OF HIS ARREST IN CRIME NO.77/2023 OF NARONA POLICE
STATION, TQ. ALAND, DIST. KALABURAGI, PENDING ON THE FILE OF
II-ADDL. DIST. AND SESSIONS JUDGE AT KALABURAGI, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 341, 323, 324, 354, 504,
506 R/W SECTION 34 OF INDIAN PENAL CODE AND SECTION
3(1)(R)(S), 3(1)(W)(I) OF SC/ST PREVENTION OF ATROCITIES ACT.

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

                         JUDGMENT

After arguing the matter for some time, learned

counsel for the appellant seeks permission of the Court to

withdraw the appeal with liberty to the appellant to

surrender before the Police and seek for regular bail.

The submission of the learned counsel for the

appellant is placed on record.

Accordingly, the appeal is dismissed as withdrawn

with liberty as prayed for.

Sd/-

JUDGE NB CT:SI