Sri. Srinivasa Murthy vs Puttaraju K
2023 Latest Caselaw 9837 Kant

Karnataka High Court

Sri. Srinivasa Murthy vs Puttaraju K on 8 December, 2023

Author: H.B.Prabhakara Sastry

Bench: H.B.Prabhakara Sastry

                                                     -1-
                                                            NC: 2023:KHC:44539-DB
                                                           CRL.A No. 1815 of 2019




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 8TH DAY OF DECEMBER, 2023

                                                PRESENT
                             THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                                                     AND
                                 THE HON'BLE MR JUSTICE UMESH M ADIGA
                                   CRIMINAL APPEAL NO. 1815 OF 2019
                        BETWEEN:

                        SRI SRINIVASA MURTHY,
                        S/O SRI MYLARAPPA,
                        AGED ABOUT 53 YEARS,
                        R/AT NERALEKATTE PALYA VILLAGE,
                        KASABA HOBLI, GUBBI TALUK,
                        TUMAKURU.
                                                                     ...APPELLANT
                        (BY SMT. DIVYA R, ADVOCATE [ABSENT])

                        AND:

                        1.    PUTTARAJU K,
                              S/O. KRISHNAPPA,
                              AGED ABOUT 65 YEARS.
Digitally signed by D
HEMA
Location: HIGH COURT    2.    SHASHIKUMAR,
OF KARNATAKA
                              S/O. PUTTARAJU,
                              AGED ABOUT 32 YEARS.
                        3.    ARUN KUMAR,
                              S/O. PUTTARAJU,
                              AGED ABOUT 34 YEARS.

                        4.    RENUKAMMA,
                              W/O. PUTTARAJU,
                              AGED ABOUT 58 YEARS.

                        5.    GANGAMMA,
                              W/O. LATE GANGAPPA,
                              AGED ABOUT 52 YEARS.
                              ALL R/A NERALEKATTE PALYA,
                              KASABA HOBLI, GUBBI TALUK,
                              TUMAKURU DISTRICT.
                                                                  ...RESPONDENTS
                              -2-
                                      NC: 2023:KHC:44539-DB
                                     CRL.A No. 1815 of 2019




     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) CR.P.C TO SET ASIDE THE IMPUGNED JUDGMENT OF
ACQUITTAL DATED 10.04.2019, PASSED BY THE PRL.
DISTRICT    SESSIONS    JUDGE,     AT    TUMAKURU      IN
S.C.NO.93/2017, ACQUITTING THE RESPONDENTS/ACCUSED
FOR THE OFFENCE P/U/S 143, 148, 341, 302 R/W 149 OF IPC.

     THIS CRIMINAL APPEAL, COMING ON FOR ORDERS,
THROUGH      PHYSICAL     HEARING,    THIS     DAY,
DR. H.B.PRABHAKARA SASTRY, J., MADE THE FOLLOWING:

                          ORDER

This appeal is filed by the complainant in the year

2019, however, till date, the appellant is not evincing any

interest in complying with the office objections.

2. A perusal of the order sheet would go to show that

not less than four opportunities were given to the

appellant to comply the office objections till now. Thus,

for nearly four years, the appellant has not taken any

steps to comply with the office objections, which, as on

the date, are twenty (20) in numbers and several of them

are too trivial and simple in nature, which could have been

complied within no time. Still the appellant has not shown

any interest to comply with the office objections.

NC: 2023:KHC:44539-DB

3. Though, generally, the criminal appeal would not be

dismissed for default, however, in the instant case, the

appeal has not yet been ripened for the first hearing, since

it is still in the stage of compliance of office objections

before ripening for the first hearing in the Court, as such,

there is no obstacle to dismiss this appeal. Since the

appellant has shown that he is not interested in

prosecuting this matter and nor even in complying with

the office objections, accordingly, the appeal stands

dismissed for non-compliance of office objections as well

as for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

AG List No.: 1 Sl No.: 3.1