Smt. Lakshmamma vs State Of Karnataka
2024 Latest Caselaw 9624 Kant

Karnataka High Court

Smt. Lakshmamma vs State Of Karnataka on 2 April, 2024

                                                  -1-
                                                           NC: 2024:KHC:13345-DB
                                                            CRL.A No.1104/2018



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 2ND DAY OF APRIL, 2024
                                                PRESENT
                             THE HON'BLE MRS JUSTICE K.S.MUDAGAL
                                                  AND
                        THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

                                 CRIMINAL APPEAL NO.1104/2018


                   BETWEEN:

                   SMT.LAKSHMAMMA
                   W/O K RAJU
                   AGED ABOUT 46 YEARS
                   RESIDING AT NO.9, 10TH E CROSS
                   ANJENEYA SWAMY TEMPLE MAIN ROAD
                   MARUTHI NAGARA (BALAJI NAGARA)
                   ITTAMADU
                   BENGALURU - 560 085
                   PRESENTLY R/AT NO. 27, 1ST FLOOR
                   4TH CROSS, KAKATHIYANAGAR
                   NAIDUS LAYOUT
                   BENGALURU - 560 061                              ...APPELLANT

                   (BY SRI.KEMPARAJU, ADVOCATE (ABSENT))
Digitally signed
by PRABHU          AND:
KUMARA
NAIKA
Location: High     1.     STATE OF KARNATAKA
Court of
Karnataka                 BY ITS DSP, CID
                          CHANNAMMANAKERE ACCHUKATTU
                          POLICE STATION
                          REP. BY ITS PUBLIC PROSECUTOR
                          HIGH COURT COMPLEX
                          BENGALURU - 560 001
                   2.     SRI NANJESH
                          S/O SHIVARAM
                          AGED ABOUT 30 YEARS
                          CASTE: THIGALARU
                          OCCUPATION: WRITER
                          R/O NO.5, 4TH CROSS
                               -2-
                                          NC: 2024:KHC:13345-DB
                                           CRL.A No.1104/2018



     PAPAIAH GARDEN
     BANASHANKARI 3RD STAGE
     BENGALURU - 560 085
     NOW AT
     SANTHE KODIHALLI
     KANAKAPURA TQ
     RAMANAGARA DISTRICT - 562 119
3.   SRI NANJUNDA
     S/O SHIVARAM
     AGED ABOUT 21 YEARS
     OCCUPATION: COOLI
     R/O NO.5, 4TH CROSS,
     PAPAIAH GARDEN
     BANASHANKARI 3RD STAGE
     BENGALURU - 560 085

4.   MADAMMA
     W/O SHIVARAM
     AGED ABOUT 45 YEARS
     R/O NO.5, 4TH CROSS
     PAPAIAH GARDEN
     BANASHANKARI 3RD STAGE
     BENGALURU - 560 085
     NOW AT
     SANTHE KODIHALLI
     KANAKAPURA TQ.,
     RAMANAGARA DISTRICT - 562 119               ... RESPONDENTS


(BY SRI.THEJESH P, HCGP FOR R1;
    SRI.GOPAL, ADVOCATE FOR R2 TO R4)

     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372 CR.P.C
PRAYING TO SET ASIDE THE ORDER OF                ACQUITTAL DATED
21.04.2018, PASSED BY THE LI ADDITIONAL CITY CIVIL AND
SESSIONS    JUDGE    AT   BANGALORE       CITY    (CCH-52)       IN
S.C.NO.358/2011.


     THIS   APPEAL   COMING   ON    FOR    HEARING     THIS   DAY,
K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
                                 -3-
                                          NC: 2024:KHC:13345-DB
                                           CRL.A No.1104/2018



                           JUDGMENT

No representation for the appellant/complainant.

The records show that even before the trial Court, after

service of summons, the appellant/complainant did not choose

to give her evidence for three years. The trial Court's order

sheet dated 24.11.2017 shows that she refused to enter the

witness box to tender evidence. Under the circumstances, we

do not find any grounds to further adjourn the matter.

Therefore, the appeal is dismissed for non prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

PKN