Citation : 2023 Latest Caselaw 1186 Kant
Judgement Date : 3 February, 2023
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CRL.A No. 1963 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1963 OF 2022
BETWEEN:
S.Rashmi
D/o Shashidhara,
Aged about 26 years,
SJM Mutt,
M.K.Hatti,
Chitradurga,
Pin-577 526. ...Appellant
(By Sri. Honnappa S., Advocate)
AND:
1. State of Karnataka by
Rural Police Station,
Chitradurga,
Pin-577 526
Represented by
State Public Prosecutor,
High Court of Karnataka,
Digitally signed Bengaluru.
by SANDHYA S
Location: HIGH 2. Sri Chandrakumar C
COURT OF S/o. Chajjegowda,
KARNATAKA Aged about 40 years,
Legal cum Probation Officer,
District Child Protection Unit,
No.CA-15-17, Anjanadri Main Road,
4th Stage, II Ghatta,
Vijayanagar,
Mysuru-570017.
3. Victim
R/by Rajappa (Father of victim),
Aged about 49 years,
Telephone office Road,
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CRL.A No. 1963 of 2022
Challakere Taluk,
Bommasandra Village,
Chitradurga -577501.
4. Victim
R/by Yeshwanth Kumar, (father of victim),
Aged about 42 years,
Totada Chennappa Mane Road,
Garehatti Village,
Chitradurga-577 501. ...Respondents
(By Sri. Viswa Murthy, HCGP for R-1)
This Criminal Appeal is filed under Section 14(A)(2) of SC/ST
(POA) Act praying to set aside the order dated 22.09.2022 in
Crl.Mis.No.973/2022, passed by Special 2nd Addl. District and
Sessions Judge, Chitradurga and consequently enlarge the
appellant/accused No.2, on bail in Crime No.387/2022 of Chitradurga
Rural Police Station, Chitradurga District, for the offences punishable
under Section 17, 5(L), 6 of the POCSO Act, 2012, Section 376(2)(n),
376(3) r/w 149 of IPC, Section 3(1)w(1)(2), 3(2)(v) of SC/ST
(Prevention of Atrocities) Act, 1989, Section 3(f) and 7 of Religious
Institution prevention of Misuse Act, 1988 and Section 75 of the
Juvenile Justice (Care and Protection of Children) Act, 2015, pending
on the file of 2nd Additional District and Sessions Judge, Chitradurga,
in the interest of justice and equity.
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 thus :
" It is submitted that the appellant has filed the above said Criminal Appeal under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act, 1989. the investigation into the case is completed and charge sheet has been filed against the accused.
CRL.A No. 1963 of 2022
Hence it is humbly prayed that this Hon'ble Court be pleased to permit the appellant to withdraw the above appeal since the appellant has already approached the trial Court in pursuance of filing of charge sheet. It is therefore prayed that this Hon'ble Court be pleased to dismiss the above criminal appeal as withdrawn, in the interest of justice."
In view of the memo, the Appeal is dismissed as not
pressed.
Sd/-
JUDGE
BK
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