Sri. Thippeshappa vs Sri. H. K.Shivanna
2024 Latest Caselaw 5600 Kant

Karnataka High Court

Sri. Thippeshappa vs Sri. H. K.Shivanna on 22 February, 2024

                                              -1-
                                                    CRL.A No. 1321 of 2020
                                                         NC: 2024:KHC:7519




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 22ND DAY OF FEBRUARY, 2024

                                          BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                            CRIMINAL APPEAL NO.1321 OF 2020
                 BETWEEN:

                       SRI. THIPPESHAPPA
                       S/O CHIKKABASAPPA,
                       AGED ABOUT 50 YEARS,
                       R/AT HEBBALLI VILLAGE,
                       HOSADURGA TALUK,
                       CHITRADURGA DISTRICT - 577 501.
                                                              ...APPELLANT
                 (BY SRI. H.M.RUDRAKUMAR, ADVOCATE FOR
                     SRI. SADASHIVAIAH K G, ADVOCATE)

                 AND:

                 1.    SRI. H.K.SHIVANNA
                       S/O LATE KALLAPPA,
                       AGED ABOUT 51 YEARS,

                 2.    SRI. BASAVARAJAPPA
Digitally              S/O KALLAPPA,
signed by              AGED ABOUT 53 YEARS,
REKHA R
Location: High
Court of         3.    SRI. VEERABHADRAPPA
Karnataka
                       S/O ESHWARAPPA,
                       AGED ABOUT 51 YEARS,

                 4.    SRI. AJJAPPA
                       S/O SHIVARUDRAPPA,
                       AGED ABOUT 50 YEARS,

                 5.    SRI. MANJAPPA
                       S/O VEERAPPA,
                       AGED ABOUT 60 YEARS,
                       (APPEAL AGAINST R-5 IS ABATED VIDE ORDER
                       DATED 16.01.2024)
                              -2-
                                   CRL.A No. 1321 of 2020
                                          NC: 2024:KHC:7519




6.    SRI. RAGHU
      S/O RAJAPPA,
      AGED ABOUT 29 YEARS,

7.    SRI. GANGADHARAPPA
      S/O KALAPPA,
      AGED ABOUT 50 YEARS,

8.    SRI. RUDRAPPA
      S/O KALLAPPA,
      AGED ABOUT 75 YEARS,

9.    SMT. PREMA
      W/O GANGADHARAPPA,
      AGED ABOUT 48 YEARS,

      ALL ARE RESIDENT OF HEBBALLI
      AT P, HOSADURGA TALUK,
      CHITRADURGA DISTRICT - 577 501.

10. STATE BY
     HOSADURGA POLICE STATION,
     REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
     HIGH COURT BUILDING,
     BENGALURU - 560 001.
                                        ...RESPONDENTS
(BY SMT. WAHEEDA M M, HCGP FOR R-10;
    SRI. N PRAVEEN KUMAR, ADOVCATE FOR R1-R4 & R6-R9;
    R5- APPEAL ABATED VIDE ORDER DATED 16.01.2024)

      THIS CRL.A IS FILED UNDER SECTION 372 OF CR.P.C
PRAYING TO a) SET ASIDE THE JUDGMENT PASSED BY THE
LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, HOSADURGA IN
C.C.NO.529/2014 DATED 23.07.2019 AND CONSEQUENTLY, B)
ALLOW THE APPEAL FILED BY THE APPELLANT AND DIRECTS
THE    COURT    BELOW    RESTORE    THE     MATTER     AND
JURISDICTIONAL COURT FRAME THE CHARGES AGAINST THE
ACCUSED; c) GRANT SUCH OTHER RELIEF AS THIS HON'BLE
                                -3-
                                       CRL.A No. 1321 of 2020
                                            NC: 2024:KHC:7519




COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF
THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.


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


                            JUDGMENT

Learned counsel for the appellant/defacto

complainant has filed a memo seeking permission of this

Court to withdraw the appeal and to file the same before

the Sessions Court, since the offences involved are

punishable under Sections 143, 147, 148, 448, 504, 323

and 506 R/w section 149 of IPC.

2. In the light of the same, appeal is dismissed as

withdrawn. However, appellant/defacto complainant is at

liberty to file a fresh 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.

NC: 2024:KHC:7519

3. Registry is directed to return the certified copies

of the documents to appellant/defacto complainant

forthwith.

4. 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

ASN