Sri Srinivas vs The Thalaghattapura Police Station
2024 Latest Caselaw 3134 Kant

Karnataka High Court

Sri Srinivas vs The Thalaghattapura Police Station on 1 February, 2024

                                        -1-
                                              CRL.A No. 793 of 2021
                                                  NC: 2024:KHC:4321




             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                   BEFORE
                     THE HON'BLE MS JUSTICE J.M.KHAZI
                     CRIMINAL APPEAL NO.793 OF 2021
            BETWEEN:

            1.   SRI SRINIVAS
                 SON OF MUNIYAPPA,
                 AGED ABOUT 38 YEARS,
                 RESIDING AT VARAHASANDRA VILLAGE,
                 KENGERE HOBLI,
                 BENGALURU SOUTH TALUK,
                 BENGALURU - 560 060.

            2.   SMT MANJULA
                 DAUGHTER OF DODIYAPPA,
                 WIFE OF SRINIVAS,
                 AGED ABOUT 36 YEARS,
                 RESIDING AT VARAHASANDRA VILLAGE,
                 KENGERE HOBLI,
                 BENGALURU SOUTH TALUK,
                 BENGALURU - 560 060.
                                                       ...APPELLANTS
Digitally      (BY SRI. SIDDAMALLAPPA P M, ADVOCATE)
signed by
MADHURI S
               AND:
Location: High
Court of
Karnataka      1. THE THALAGHATTAPURA POLICE STATION
                 THALAGHATTAPURA,
                 UTHARAHALLI HOBLI,
                 BENGALURU SOUTH TALUK,
                 BENGALURU - 560 060.
                 REPRESENTED BY SPP,
                 HIGH COURT BUILDING,
                 BENGALURU - 560 001.

            2.   SRI GOVINDARAJU
                 SON OF MUNIYAPPA,
                 AGED ABOUT 44 YEARS,
                            -2-
                                    CRL.A No. 793 of 2021
                                        NC: 2024:KHC:4321




     RESIDING AT NO.9,
     VARAHASANDRA VILLAGE,
     KENGERE HOBLI,
     BENGALURU SOUTH TALUK,
     BENGALURU - 560 060.

3.   SRI HANUMANTHARAJU
     SON OF MUNIYAPPPA,
     AGED ABOUT 39 YEARS,
     RESIDING AT NO.9,
     VARAHASANDRA VILLAGE,
     KENGERE HOBLI,
     BENGALURU SOUTH TALUK,
     BENGALURU - 560 060.
                                          ...RESPONDENTS
(BY SMT. WAHEEDA M M, HCGP FOR R1;
    SRI. R.V.SHIVANANDA REDDY, ADVOCATE FOR R2;
    R-3 SERVED)

      THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C
PRAYING TO a) SET ASIDE THE IMPUGNED JUDGMENT AND
ORDER    OF   ACQUITTAL   DATED   30.11.2020   PASSED   IN
C.C.NO.3535/2016 BY THE II ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU; b)
PASS ORDER OF CONVICTION AND SENTENCE AGAINST THE
RESPONDENT NOS.2 AND 3 / ACCUSED FOR THE OFFENCE
COMMITTED BY HER PUNISHABLE UNDER SECTIONS 324, 354,
427, 506 READ WITH SECTION 34 OF THE INDIAN PENAL
CODE IN ACCORDANCE WITH LAW; c) PASS SUCH OTHER
ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS IT
APPROPRIATE IN THE ADMITTED FACTS AND CIRCUMSTANCES
OF THIS CASE, TO MEET THE ENDS OF JUSTICE AND EQUITY;
d) AWARD COSTS OF THIS APPEAL.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                 -3-
                                            CRL.A No. 793 of 2021
                                                NC: 2024:KHC:4321




                           JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission of the Court to withdraw the appeal

with liberty to file the same before the Sessions Court.

The aforesaid memo is taken on record.

In the light of the same, this appeal is dismissed as

withdrawn. The appellant is at liberty to file appeal before

the Sessions Court within a period of one month from

today, in which event, the time spent before this Court

shall be excluded from the period of limitation.

The Registry is directed to return the certified copies.

In view of dismissal of appeal, all pending

application/s, if any is/are also disposed of, since no

further orders is required.

Sd/-

JUDGE

MDS