Sunil vs The State Of Karnataka And Anr
2023 Latest Caselaw 4607 Kant

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                                                           NC: 2023:KHC-K:5458
                                                           CRL.A No. 200179 of 2023




                                     IN THE HIGH COURT OF KARNATAKA

                                            KALABURAGI BENCH

                                  DATED THIS THE 18TH DAY OF JULY, 2023

                                                  BEFORE

                           THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR



                                   CRIMINAL APPEAL NO.200179 OF 2023



                          BETWEEN:

                          1.   SUNIL S/O MALLINATH HAGARGI,
                               AGE. 21 YEARS, OCC: DISTRIBUTOR,
                               R/O: GDA COLONY,
                               KALABURAGI-585103.

                                                                       ...APPELLANT

                          (BY SRI. MAHANTESH H. DESAI, ADVOCATE)
Digitally signed by
KHAJAAMEEN L MALAGHAN
Location: HIGH COURT OF
KARNATAKA                 AND:

                          1.   THE STATE OF KARNATAKA
                               THROUGH CHOWK P.S., KALABURAGI NORTH,
                               REPRESENTED BY
                               ADDITIONAL SPP,
                               HIGH COURT OF KARNATAKA
                               KALABURAGI BENCH-58103.
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                                      NC: 2023:KHC-K:5458
                                      CRL.A No. 200179 of 2023




2.   PRASHANT S/O BHAVANI KALKERI,
     AGE. 32 YEARS, OCC: PRIVATE WORK,
     R/O: BASAVALINGA NAGAR,
     HARIJANWADA,
     SHAHBAZAR,
     KALABURAGI-585103.

                                                  ...RESPONDENTS

(BY SRI. SHARANABASAPPA.M.PATIL, HCGP)


      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A

OF   SC/ST   (PA)   ACT,   PRAYING    TO,   A)    SET-ASIDE   THE

IMPUGNED      ORDER        DATED     12.06.2023     PASSED     IN

CRL.MISC.NO.894/2023 BY II ADDL. DISTRICT AND SESSIONS

JUDGE KALABURAGI AND B) GRANT THE REGULAR BAIL TO

THE APPELLANT - ACCUSED IN SC/ST NO.66/2022 (CHOWK

POLICE STATION, KALABURGI NORTH SUB-DIVISION POLICE

STATION (CRIME NO.64/2022) FOR THE OFFENCES UNDER

SECTIONS 143, 147, 148, 341, 120 (B), 302 AND 201 READ

WITH SECTION 149 OF IPC AND SECTIONS 3 (2) (V) OF SC/ST

P.A. ACT-2015, PENDING ON THE FILE OF THE II ADDITIONAL

DISTRICT AND SESSIONS JUDGE, KALABURAGI.




      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
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                                        CRL.A No. 200179 of 2023




                             JUDGMENT

The learned counsel for the appellant seeks leave of

this Court to withdraw the petition reserving liberty to file

appeal afresh after CW.17 i.e., alleged eyewitness to the

incident, tenders his evidence.

02. The submission is placed on record.

03. Accordingly, the appeal is dismissed as

withdrawn reserving liberty as sought for.

Sd/-

JUDGE KJJ