Manjunatha. S. M vs State Of Karnataka
2023 Latest Caselaw 9538 Kant

Karnataka High Court

Manjunatha. S. M vs State Of Karnataka on 6 December, 2023

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

                                               -1-
                                                           NC: 2023:KHC:44111
                                                     CRL.A No. 2030 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 6 TH DAY OF DECEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                            CRIMINAL APPEAL NO. 2030 OF 2023

                   BETWEEN:

                   1.   MANJUNATHA. S. M.
                        S/O. MALLESHAPPA,
                        AGED ABOUT 35 YEARS,
                        RESIDENT OF MUGALIKOPPA VILLAGE,
                        SHIKARIPURA TALUK-577 427,
                        SHIVAMOGGA DISTRICT.

                   2.   PRAVEENA
                        S/O. VIJENDRA,
                        AGED ABOUT 25 YEARS,
                        RESIDENT OF BALLIGAVI VILLAGE,
                        SHIKARIPURA TALUK-577 427,
                        SHIVAMOGGA DISTRICT.
                                                                ...APPELLANTS
                   (BY SRI. SHARATH KUMAR. G. M.,ADVOCATE)
Digitally signed
by REKHA           AND:
ANKAIAH
Location: High
Court of           1.   STATE OF KARNATAKA
Karnataka
                        BY SHIRALAKOPPA POLICE,
                        SHIKARIPURA TALUK-577 427,
                        SHIVAMOGGA DISTRICT,

                        REPRESENTED BY
                        STATE PUBLIC PROSECUTOR,
                        HIGH COURT OF KARNATAKA,
                        BENGALURU-560 001.

                   2.   DAYANANDA. S. K.
                        S/O. KRISHNAPPA,
                        AGED ABOUT 26 YEARS,
                                  -2-
                                                NC: 2023:KHC:44111
                                          CRL.A No. 2030 of 2023




      R/O. MUGALIKOPPA VILLAGE,
      SHIKARIPURA TALUK-577 427,
      SHIVAMOGGA DISTRICT.
                                                   ...RESPONDENTS
(BY SMT. SOWMYA.R., HCGP FOR R1;
     R2 SERVED)


       THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED
12.10.2023 PASSED IN CR.NO.55/2023 BY THE II ADDITIONAL
DISTRICT     AND   SESSIONS       JUDGE    AT    SHIVAMOGGA     IN
CR.NO.217/2023 PENDING BEFORE ADDITIONAL DISTRICT
AND    SESSIONS    JUDGE    AT    SHIVAMOGGA       WHEREBY    THE
APPLICATION OF THE APPELLANT FILED U/S.439 OF CRPC
SEEKING REGULAR BAIL CAME TO BE DISMISSED. AND ETC.

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


                           JUDGMENT

The learned counsel for the appellants seeks

permission of the Court to withdraw the appeal, reserving

liberty to the appellants to approach the Sessions Court

afresh under Section 439 of Cr.P.C, after filing of the

charge sheet.

NC: 2023:KHC:44111

2. Reserving liberty as prayed for, the appeal is

dismissed as withdrawn.

3. If any of such petition is filed before the Sessions

Court, the same shall be considered and disposed of as

expeditiously as possible.

Sd/-

JUDGE

LDC