Shivakumara vs State Of Karnataka
2024 Latest Caselaw 3539 Kant

Karnataka High Court

Shivakumara vs State Of Karnataka on 6 February, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                  -1-
                                                               NC: 2024:KHC:4985
                                                         CRL.A No. 1732 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 6TH DAY OF FEBRUARY, 2024

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL No. 1732 OF 2023
                      BETWEEN:

                            SHIVAKUMARA
                            S/O ARKESH
                            AGED ABOUT 24 YEARS
                            R/AT: MENASAGERE VILLAGE
                            CHIKKANARASIKERE HOBLI
                            MADDURU TALUK
                            MANDYA DISTRICT - 571 422.
                                                                    ...APPELLANT

                      (BY SRI M KRISHNEGOWDA, ADVOCATE)

                      AND:

                      1.    STATE OF KARNATAKA
                            STATE BY AKKURU P.S.
                            REPTD BY HIGH COURT GOVT PLEADER
                            HIGH COURT OF KARNATAKA
Digitally signed by
LAKSHMINARAYANA             BANGALORE - 560 001.
MURTHY RAJASHRI
Location: HIGH
COURT OF
KARNATAKA
                      2.    SMT. SOWMYA
                            W/O RAMAKRISHNAIAH
                            AGED ABOUT 32 YEARS
                            R/AT: BALLAPATNA VILLAGE
                            V PUPA HOBLI
                            CHANNAPATTANA TALUK
                            RAMANAGAR - 562 138.
                                                                ...RESPONDENTS

                      (BY SRI CHANNAPPA ERAPPA, HCGP FOR R1)
                                 -2-
                                                   NC: 2024:KHC:4985
                                             CRL.A No. 1732 of 2023




      THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER
PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS
JUDGE AT RAMANAGARA IN CRL.MISC.No.545/2023 DATED
01.08.2022 AND ENLARGE THE APPELLANT ON BAIL IN
CR.No.78/2023 FOR THE OFFENCE P/U/S. 363, 366-A, 376 OF
IPC AND SECTION 4 AND 6 OF POCSO ACT 2012 AND U/S.
3(2)(v) OF SC/ST ACT, AND PENDING BEFORE THE I
ADDITIONAL    DISTRICT    AND    SESSIONS    JUDGE   AT
RAMANAGAR.

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

                         JUDGMENT

Learned counsel for the appellant files a memo

seeking withdrawal of the appeal, with liberty to file a

petition. The memo reads thus;

"MEMO FOR WITHDRAW

The undersigned counsel for appellant most respectfully prays that this Hon'ble Court may be pleased to permit me to withdraw the appeal as not pressed with liberty to file 439 petition as maintainable in the interest of justice and request the original document to be returned."

In view of the memo, the appeal is dismissed as

withdrawn, with liberty to file a petition.

NC: 2024:KHC:4985

Registry is directed to return the documents to the

counsel for the appellant.

Sd/-

JUDGE

GH