Sri. Fracis Farnandis vs State Of Karnataka
2023 Latest Caselaw 7225 Kant

                                                 -1-
                                                              NC: 2023:KHC:36927
                                                          CRL.A No. 1654 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 11TH DAY OF OCTOBER, 2023

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL NO. 1654 OF 2023

                      BETWEEN:


                            SRI. FRACIS FARNANDIS,
                            SON OF ANTHONI LUIS,
                            AGED ABOUT 49 YEARS,
                            PRINCIPAL,
                            SACRED HEART PU COLLEGE,
                            RESIDING AT CATHEDRAL CAMPUS,
                            DODDA CHURCH,
                            B.H. ROAD, SHIVAMOGGA,
                            PERMANENT RESIDING AT BEHIND CHURCH,
                            JOGA, SAGARA TALUK,
                            SHIVAMOGGA -577 401.

                                                                    ...APPELLANT
                      (BY SRI MADURAJA, ADVOCATE FOR
                          SRI RENY SEBASTIAN, ADVOCATE)

Digitally signed by
                      AND:
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH        1.    STATE OF KARNATAKA,
COURT OF
KARNATAKA                   BY KOTE POLICE STATION,
                            SHIVAMOGGA,
                            REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
                            HIGH COURT OF KARNATAKA,
                            HIGH COURT BUILDING,
                            BANGALORE-560 001.

                      2.    LOKESH NAIK,
                            FATHER NAME NOT KNOWN,
                            AGED ABOUT MAJOR,
                            RESIDING AT TAVARAGATTA MAIN ROAD,
                            SHANKARAGATTA POST,
                              -2-
                                         NC: 2023:KHC:36927
                                     CRL.A No. 1654 of 2023




    BHADRAVATHI TALUK,
    SHIVAMOGGA - 577 451.
                                        ...RESPONDENTS
(BY SRI M. DIVAKAR MADDUR, HCGP FOR R1;
    NOTICE ISSUED TO R2 AND SERVICE AWAITED)

     THIS CRL.A IS FILED U/S 14A(2) OF SC AND ST (POA)
ACT PRAYING TO SET ASIDE THE ORDER DATED 02.08.2023
PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE
FTSC I (POCSO) SHIVAMOGGA IN FTSC CR.NO.41/2023
WHERE IN THE COURT REJECTED THE BAIL OF THE
APPELLANT, RELEASE THE APPELLANT ON BAIL IN REGISTERED
THE KOTE POLICE STATION, SHIVAMOGGA IN CR.NO.73/2023
REGISTERED FOR THE OFFENCE P/U/S.8 AND 12 OF POCSO
ACT AND SEC.3(2)(v),3(1)(w)(i) OF SC/ST (POA) AMENDMENT
ACT 2015 WHICH IS PENDING BEFORE THE ADDITIONAL
DISTRICT   AND   SESSIONS      JUDGE   FTSC   I  (POCSO)
SHIVAMOGGA.

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


                        JUDGMENT

Learned counsel for the appellant has files a memo

seeking withdrawal of the appeal.

2. Memo reads as under:

"Subsequent to the filing of the above Appeal for granting of Bail, the Respondent Police have filed the Chargesheet in Spl.C.C.No.317/2023 and the Appellant has revived his application for Bail on the basis of the Chargesheet. The Hon'ble Special

NC: 2023:KHC:36927 CRL.A No. 1654 of 2023

Judge Shivamogga has granted Bail to the Appellant in Spl.C.C.No.317/2023 dated 07.10.2023.

Considering the accusation made in Chargesheet in view of the above development, the Appellant does not survive for considering and therefore it may be dismiss as withdrawn."

3. In view of the memo, the appeal is dismissed as

not pressed.

Sd/-

JUDGE

DSP