Shivaiah vs State By
2023 Latest Caselaw 3174 Kant

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                                                             NC: 2023:KHC:19967
                                                               CRL.A No. 785 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 12TH DAY OF JUNE, 2023

                                                 BEFORE
                                 THE HON'BLE MR JUSTICE K.NATARAJAN
                                   CRIMINAL APPEAL NO. 785 OF 2023
                      BETWEEN:

                      1.   SHIVAIAH
                           S/O RAMAIAH,
                           AGED ABOUT 32 YEARS,
                           R/O SOMAPURA VILLAGE,
                           RAMANATHAPURA HOBLI,
                           ARAKALAGUDU TALUK,
                           HASSAN - 573 133
                                                                         ...APPELLANT
                      (BY SRI. K R LINGARAJU.,ADVOCATE)
                      AND:

                      1.   STATE BY
                           HALEBEEDU POLICE STATION,
                           REP BY ITS SPP
                           HIGH COURT OF KARNATAKA
                           BENGALURU - 560 001

                      2.   MAMATHA
Digitally signed by        W/O VISHWANATHA
BHAVANI BAI G
Location: High             AGED ABOUT 40 YEARS,
Court of Karnataka
                           SUPERVISIOR
                           CDPO OFFICE, BELURU TOWN
                           HASSAN 573 115

                           ALSO R/AT BASADI HALLI VILLAGE,
                           HALEBEEDU TALUK,
                           HASSAN DISTRICT - 573121
                                                                      ...RESPONDENTS
                      (BY SRI. S. VISHWA MURTHY, HCGP FOR R1
                       R2 SERVED)
                           THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A) (2)
                      OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER IN
                      CR.NO.28/2023 DATED 06.04.2023 PASSED BY THE COURT OF
                      ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-1 AT HASSAN
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                                       NC: 2023:KHC:19967
                                          CRL.A No. 785 of 2023




AND ORDER TO RELEASE THE APPELLANT ON BAIL IN
CR.NO.36/2023 REGISTERED BY THE HALEBEEDU POLICE STATION
THAT IS THE RESPONDENT NO.1 FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 354-A, 509, 114, 119 OF IPC 1860 SECTIONS
10,12,8,21 OF POCSO ACT 2012 AND UNDER SECTIONS 3(1)(W)(1)
AND 2, 3(2)(va), 3(1)(w)(i), 3(1)(w)(ii) OF THE SC/ST (POA)
AMENDMENT ACT, 2015.

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

After arguing the matter for sometime, the learned

counsel for the appellant seeks permission of this Court to

withdraw the appeal with liberty to file fresh appeal on merits

challenging the charge-sheet.

2. Submission of the learned counsel is placed on

record.

3. Accordingly, the appeal is dismissed as withdrawn

with liberty to approach the trial Court or this Court challenging

the charge-sheet.

Sd/-

JUDGE

GBB