Gowraiah vs The State Of Karnataka
2023 Latest Caselaw 4463 Kant

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                                                           NC: 2023:KHC:24722
                                                           CRL.A No. 1516 of 2018




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 14TH DAY OF JULY, 2023

                                                  BEFORE
                                 THE HON'BLE MR JUSTICE K.NATARAJAN
                                  CRIMINAL APPEAL NO. 1516 OF 2018


                      BETWEEN:

                      1.   GOWRAIAH
                           S/O RUDRAIAH
                           AGED ABOUT 53 YEARS,
                           RESIDING AT
                           THAGARE VILLAGE,
                           BELUR TALUK
                           HASSAN DISTRICT
                                                                      ...APPELLANT
                      (BY SRI. KAPIL DIXIT, ADVOCATE)


                      AND:

                      1.   THE STATE OF KARNATAKA
                           BY BELUR POLICE STATION
Digitally signed by        REPRESENTED BY ITS
SHOBHA C
Location: High
                           INSPECTOR OF POLICE
Court of Karnataka         REPRESENTED BY SPP
                           HIGH COURT OF KARNATAKA
                           AT BENGALURU - 560 001
                                                                    ...RESPONDENT
                      (BY SRI. S. VISHWAMURTHY, HCGP)

                            THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF
                      CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
                      10.05.2018, PASSED BY THE 5TH ADDITIONAL DISTRICT AND
                      SESSIONS COURT AT HASSAN IN S.C.NO.195/2014, CONVICTING
                      THE APPELLANT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER
                      SECTIONS 498A,504,324 AND 307 OF IPC AND ETC.
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                                       NC: 2023:KHC:24722
                                        CRL.A No. 1516 of 2018




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


                          JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission to withdraw the appeal on the ground that

the appellant has already undergone sentence and released

from jail, a long back.

2. The appellant was convicted and sentenced by the V

Additional District and Sessions Court, Hassan to undergo

rigorous imprisonment for 7 years with fine, by its judgment

dated 10.05.2018 in S.C. No.195/3024.

3. The appellant was in jail for four years during the trial

stage and thereafter, he continued to be in jail. Now, he is

already released from jail after serving sentence.

4. This appeal is filed through legal aid. In view of the

appellant having already served sentence and released on bail,

this appeal does not survive for consideration.

NC: 2023:KHC:24722 CRL.A No. 1516 of 2018

5. Accordingly, the memo for withdrawing the appeal is

allowed. The appellant is permitted to withdraw the appeal.

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

having become infructuous.

Sd/-

JUDGE

CS