Sri K Raju vs The State Of Karnataka
2023 Latest Caselaw 1901 Kant

                                             -1-
                                                       CRL.A No. 110 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 16TH DAY OF MARCH, 2023

                                          BEFORE
                        THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                             CRIMINAL APPEAL NO. 110 OF 2023
                 BETWEEN:

                 1.    SRI K RAJU
                        S/O LATE KRISHNAPPA
                       AGED ABOUT 55 YEARS
                       PRESENTLY RESIDING AT
                       NO 5-111, ALADI
Digitally              PADUSHEDDE VILLAGE
signed by              BONDEL POST, MANGALORE
LAKSHMI T              D K DISTRICT - 575 008.
Location: High                                                  ...APPELLANT
Court of
Karnataka        (BY SRI. PREREET JAIN B., ADVOCATE)

                 AND:

                 1.    THE STATE OF KARNATAKA
                       THROUGH THE KAVOOR POLICE STATION
                       MANGALORE TALUK
                       D K DISTRICT.
                       REPRESENTED BY
                       THE STATE PUBLIC PROSECUTOR
                       HIGH COURT OF KARNATAKA
                       BENGALURU -560 001.

                 2.    SMT LAKSHMI MADAR
                       AGED ABOUT 28 YEARS
                       W/O MANJAPPA MADAR
                       R/AT G B PATIL RENT HOUSE
                       BASAVANAGAR, KUNJATHBAIL
                       MANGALURU, D K DISTRICT -575 015.
                                                             ...RESPONDENTS
                               -2-
                                         CRL.A No. 110 of 2023




(BY SRI.K.NAGESHWARAPPA, HCGP FOR R1;
     R2 SERVED AND UNREPRESENTED)

     THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO 1.SET ASIDE THE IMPUGNED ORDER DATED
23.12.2022 PASSED BY THE COURT OF II ADDL.DISTRICT AND
SESSIONS JUDGE, D.K., MANGALURU IN CR.NO.64/2022 OF
KAVOOR P.S.

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


                         JUDGMENT

Since the appellant's counsel was absent, this appeal was

directed to be listed after one week. Subsequently, learned

counsel for the appellant appeared before the Court and

submitted that now charge sheet has been filed and therefore

he intends to withdraw the appeal and file a fresh petition

before the Special Court under Section 439 of Cr.P.C.

2. Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal, reserving liberty to the

appellant to approach the Special Court with fresh bail

application. Memo is placed on record.

CRL.A No. 110 of 2023

3. The appeal is dismissed as withdrawn, reserving

liberty to the appellant to file a fresh petition under Section

439 of Cr.P.C. before the Sessions Court.

All the contentions are kept open.

Sd/-

JUDGE

TL