Kannan @ Kannaiah vs State By Aldur Police
2023 Latest Caselaw 1225 Kant

                                             -1-
                                                     CRL.A No. 1894 of 2017




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 8TH DAY OF FEBRUARY, 2023

                                            BEFORE
                    THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                              CRIMINAL APPEAL NO. 1894 OF 2017
                   BETWEEN:

                      KANNAN @ KANNAIAH
                      S/O KRISHNA
                      AGED ABOUT 30 YEARS
                      R/O SATHIHALLI VILLAGE
                      GULLEN PETE POST, ALDUR HBI
                      CHIKKAMAGALURU TQ
                      AND DISTRICT - 577 101.
                                                                 ...APPELLANT
                   (BY SRI. GIRISH B BALADARE, ADVOCATE)

Digitally signed   AND:
by SANDHYA S
Location: HIGH        STATE BY ALDUR POLICE
COURT OF              CHIKKAMAGALURU DISTRICT
KARNATAKA             REPRESENTED BY
                      PUBLIC PROSECUTOR
                      HIGH COURT BUILDING,
                      BANGALORE - 560 001.
                                                              ...RESPONDENT

                   (BY SRI. S. VISWAMURTHY, HCGP)

                        THIS CRL.A. IS FILED U/S. 374(2) CR.P.C PRAYING TO SET
                   ASIDE THE JUDGMENT AND ORDER DATED:10.11.2017 PASSED
                   BY THE I ADDITIONAL SESSIONS AND SPECIAL JUDGE,
                   CHIKKAMAGALURU IN SPL.C.(POCSO)No.6/2015 - CONVICTING
                   THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 363,366 AND
                   376 OF IPC AND SEC. 3 AND 4 OF PROTECTION OF CHILDREN
                   FROM SEXUAL OFFENCES ACT AND ETC.,

                       THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                -2-
                                         CRL.A No. 1894 of 2017




                             JUDGMENT

Learned counsel for the appellant files a memo for

withdrawal of the appeal. The memo reads thus:

"The under signed council appearing for appellant submits that, the appellant was convicted for the offence P/U/S 363, 366 and 376 of IPC and sec 3 and 4 of protection of children from sexual offence act by the I Additional Sessions and Special Judge, Chikkamangaluru in SPL.C. (POCSO) No: 6/2015 against which the above appeal preferred by the appellant by challenging the conviction. Now he is in judicial custody since from the date of conviction, for his good conduct the remission was accorded under the jail authority act. With regard to the above subject matter letter correspondence between the appellant, jail authority with legal service authority of Karnataka high court, said correspondence letter was furnished along with this memo. Hence, in view of the above facts and circumstances permit the appellant to withdraw the above appeal has not pressed in order to avail the

CRL.A No. 1894 of 2017

benefit as stated above, in the interest of justice and equity."

2. The memo is enclosed with a letter of the appellant

addressed to the Member Secretary, Karnataka State Legal

Services Authority, wherein he has prayed for withdrawal of

the appeal. The said letter of the appellant is forwarded by

the Superintendent, Central Prison, Dharwad to the Member

Secretary under letter dated 02.12.2022. Even the memo for

withdrawal of the appeal contains the signature of the

appellant. In view of the above, the appeal is dismissed as

not pressed.

3. Send back the trial Court records with a copy of this

order and intimate the withdrawal of the appeal to the

concerned jail authorities.

Sd/-

JUDGE

LRS