Smt. Netravati W/O Mallikarjun ... vs Sri. Mallikarjun S/O Ningappa Adabatti
2024 Latest Caselaw 19567 Kant

Karnataka High Court

Smt. Netravati W/O Mallikarjun ... vs Sri. Mallikarjun S/O Ningappa Adabatti on 5 August, 2024

                                                  -1-
                                                             NC: 2024:KHC-D:10986
                                                         CRL.A No. 100401 of 2024




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                               DATED THIS THE 5TH DAY OF AUGUST, 2024
                                                BEFORE
                                  THE HON'BLE MS. JUSTICE J.M.KHAZI
                              CRIMINAL APPEAL NO.100401 OF 2024 (372)
                      BETWEEN:
                      SMT. NETRAVATI W/O. MALLIKARJUN ADABATTI,
                      AGE: 39 YEARS, OCC: SERVICE,
                      R/O: BELAGAVI GALLI, TAL. HUBBALLI,
                      DIST. DHARWAD-580028.
                                                                        ...APPELLANT
                      (BY SRI SANTOSH B.MALAGOUDAR, ADVOCATE FOR APPELLANT)
                      AND:
                      1.   SRI MALLIKARJUN S/O. NINGAPPA ADABATTI,
                           AGE: 42 YEARS, OCC: ASSISTANT PROFESSOR,
                           R/O: PLOT NO.50, PATIL LAYOUT,
                           LINGARAJNAGAR, TQ. HUBBALLI,
                           DIST. DHARWAD-580031.
                           NOW WORKING AT
                           DEPARTMENT OF ANATOMY,
                           ESIC MEDICAL COLLEGE AND PGIMS
                           AND MODEL HOSPITAL, 2ND BLOCK,
                           RAJAJINAGAR, BENGALURU-560010.
                      2.   SRI NINGAPPA ADIVEPPA ADABATTI,
Digitally signed by        AGE: 78 YEARS, OCC: PENSIONER,
YASHAVANT
NARAYANKAR                 R/O: PLOT NO.50, PATIL LAYOUT,
Location: HIGH             LINGARAJNAGAR, TQ. HUBBALLI,
COURT OF
KARNATAKA                  DIST. DHARWAD-580031.
                      3.   SMT. MALLAVVA W/O. NINGAPPA ADABATTI,
                           AGE: 68 YEARS, OCC: HOUSEHOLD,
                           R/O: PLOT NO.50, PATIL LAYOUT,
                           LINGARAJ NAGAR, TQ. HUBBALLI,
                           DIST. DHARWAD-580031.
                      4.   THE STATE OF KARNATAKA,
                           THROUGH WOMEN POLICE STATION,
                           HUBBALLI, DHARWAD,
                           REPTD. BY ADDL STATE PUBLIC PROSECUTOR,
                           HIGH COURT OF KARNATAKA,
                           DHARWAD BENCH, DHARWAD.
                                                                      ...RESPONDENTS
                                   -2-
                                             NC: 2024:KHC-D:10986
                                        CRL.A No. 100401 of 2024




     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372 OF
CR.P.C., SEEKING TO ALLOW THE PRESENT CRIMINAL APPEAL BY
SETTING ASIDE THE JUDGMENT OF ACQUITTAL DATED 02.05.2024
PASSED    BY   THE   COURT   OF    JMFC-II   TO   HUBBALLI   IN   CC
NO.332/2016 AND CONSISTENTLY ALLOW THIS INSTANT CRIMINAL
APPEAL BY CONVICTING THE RESPONDENTS 1-3 /ACCUSED 1-3 FOR
THE OFFENCES PUNISHABLE UNDER SECTION 498A, 323, 504, 506
R/W SECTION 34 OF IPC AND SECTION 3, 4 OF THE DOWRY
PROHIBITION ACT 1961 AND ETC.,


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

CORAM:    THE HON'BLE MS. JUSTICE J.M.KHAZI

                         ORAL ORDER

(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)

Learned counsel for the appellant submits that in the

light of the office objection, he would withdraw the appeal

with liberty to file an appeal before the Sessions Court.

2. In the light of the submission, this appeal is

dismissed as withdrawn, reserving liberty to the appellant

to file an appeal before the Sessions Court.

3. In the event of filing of an appeal before the

Sessions Court, the period spent before this court shall be

deducted in the period of limitation.

NC: 2024:KHC-D:10986

4. Registry is directed to return the certified copies

to the appellant after retaining photocopies of the same.

Sd/-

(J.M.KHAZI) JUDGE

MBS, CT: UMD