Mr. Padmanabha Bhandary vs Mr. Harischandra
2023 Latest Caselaw 3477 Kant

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                                                     NC: 2023:KHC:21112
                                                      CRL.A No. 747 of 2011




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 19TH DAY OF JUNE, 2023

                                          BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                            CRIMINAL APPEAL NO.747 OF 2011
                   BETWEEN:

                        MR. PADMANABHA BHANDARY
                        S/O SIDDA BHANDARY
                        AGED 52 YEARS
                        KINNIKAMBLA POST KAIKAMBA
                        MANGALORE TALUK,
                        DAKSHINA KANNADA DISTRICT.
                                                               ...APPELLANT

                   (BY SRI. VENKATESH SOMAREDDI, ADVOCATE - ABSENT)

                   AND:

                   1.   MR. HARISCHANDRA
                        S/O DHOOMANNA BHANDARY
                        AGED ABOUT 27 YEARS,
Digitally signed
by REKHA R         2.   MR. DHOOMANNA BHANDARY
Location: High          S/O LATE SOMAYYA BHANDARY
Court of                AGED ABOUT 63 YEARS
Karnataka

                   3.   MRS. JANAKI
                        W/O DHOOMANNA BHANDRAY
                        AGED ABOUT 56 YEARS

                        NOS.1 TO 3 ARE RESIDING AT
                        KADABETTU HOUSE,
                        KADESHIVALAYA VILLAGE AND POST
                        BANTWAL TALUK.

                   4.   THE STATE THROUGH THE SUB INSPECTOR
                        OF POLICE, BAJPE POLICE STATION,
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                                    NC: 2023:KHC:21112
                                        CRL.A No. 747 of 2011




    REPRESENTED BY THE
    STATE PUBLIC PROSECUTOR
    HIGH COURT BUILDING,
    BENGALURU
                                        ...RESPONDENTS
(BY SRI. NARAYANA POOJARY J, ADVOCATE FOR R1 TO R3;
    SRI. K.NAGESHWARAPPA, HCGP FOR R4)

     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372
R/W 378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT
OF ACQUITTAL DATED 24.09.2009 PASSED BY THE I ADDL.
SESSIONS JUDGE, D.K., MANGALORE IN SESSIONS CASE
NO.84/2004 - ACQUITTING ACCUSED NOS.1, 2 AND 3 FOR THE
OFFENCE UNDER SECTIONS 498(A) AND 306 OF IPC AND
CONSEQUENTLY CONVICT THEM FOR THE SAID OFFENCES, IN
THE INTEREST OF JUSTICE AND EQUITY.


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


                       JUDGMENT

No representation for appellant.

No representation for appellant even in the afternoon

session.

On 29.05.2023, a conditional order was passed that if

appellant fails to appear before the Court and address

arguments, necessary orders would be passed for dismissal

of the appeal.

NC: 2023:KHC:21112 CRL.A No. 747 of 2011

It appears appellant is not interested in prosecuting the

appeal.

Hence, appeal is dismissed for non-prosecution.

Sd/-

JUDGE

RR