Mr Srikantamurthy vs State Of Karnataka
2023 Latest Caselaw 7056 Kant

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                                                             NC: 2023:KHC:36417
                                                         CRL.A No. 1328 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 6TH DAY OF OCTOBER, 2023

                                              BEFORE

                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

                                CRIMINAL APPEAL NO.1328 OF 2020

                      BETWEEN:

                          MR. SRIKANTAMURTHY
                          S/O LATE NANJAIAH
                          AGED 52 YEARS
                          RESIDENT OF No.169
                          8TH CROSS, A.J. BLOCK
                          N.R.MOHALLA
                          MYSORE - 570 007.
                                                                   ...APPELLANT

                      (BY SRI I.S PRAMOD CHANDRA, ADVOCATE)
Digitally signed by
LAKSHMINARAYANA       AND:
MURTHY RAJASHRI
Location: HIGH
COURT OF                  STATE OF KARNATAKA
KARNATAKA
                          BY NARASIMHARAJA POLICE
                          MYSORE CITY
                          THROUGH THE STATE PUBLIC PROSECUTORS
                          HIGH COURT BUILDINGS
                          DR. AMBEDAKR VEEDHI
                          BANGALORE - 560 001.
                                                             ...RESPONDENT

                      (BY SRI.RANGASWAMY R, HCGP)

                           THIS CRL.A IS FILED U/S.374(2) CR.P.C PRAYING TO SET
                      ASIDE THE JUDGMENT AND SENTENCE DATED 28.01.2020 AND
                      29.01.2020 PASSED BY THE IV ADDITIONAL DISTRICT AND
                      SESSIONS JUDGE, MYSURU IN S.C.No.139/2019 CONVICTING
                      AND SENTENCING THE APPELLANT/ACCUSED FOR THE
                      OFFENCE P/U/S 307,354(D) OF IPC.
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                                                NC: 2023:KHC:36417
                                           CRL.A No. 1328 of 2020




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

                         JUDGMENT

Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal. The memo reads thus;

"It is submitted that the undersigned Counsel was authorized by the High Court Legal Services Committee, at Bengaluru to file the Appeal challenging the judgment of conviction and sentence recorded by the Trial Court at Mysore in S.C. No. 139/2019 for the offences punishable under Secs. 354(D) & 307 I.P.C. imposing sentence of 5 years and fine of Rs.2,05,000/- and the present Appeal was filed accordingly. Now that it appears that the Appellant has already served the maximum sentence of 5 years and as such, the Appellant is likely to be released from prison as per prevailing Prison Rules. As such, the Appellant has written a Letter dated 10.08.2022 addressed to the Secretary, High Court Legal Services Committee, Bengaluru and in turn, the undersigned has been directed to take necessary steps to withdraw the Appeal.

WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to permit the Appellant to withdraw the Appeal and consequently be pleased dismiss the

NC: 2023:KHC:36417 CRL.A No. 1328 of 2020

Appeal as withdrawn, in the interest of justice and equity."

In view of the said memo, the appeal is dismissed

as withdrawn.

Sd/-

JUDGE

GH