Sri Shvakumar D P vs The State Of Karnataka
2024 Latest Caselaw 5789 Kant

Karnataka High Court

Sri Shvakumar D P vs The State Of Karnataka on 26 February, 2024

                                              -1-
                                                       CRL.A No. 967 of 2021
                                                           NC: 2024:KHC:7820




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 26TH DAY OF FEBRUARY, 2024

                                          BEFORE
                          THE HON'BLE MS JUSTICE J.M.KHAZI
                           CRIMINAL APPEAL NO.967 OF 2021
                 BETWEEN:

                      SRI SHIVAKUMAR D P
                      S/O C S PRASANNA
                      AGED ABOUT 62 YEARS
                      R/AT NO.65, ASTHAGRAMA LAYOUT,
                      2ND PHASE, BENGALURU - 560 079
                                                                ...APPELLANT
                 (BY SRI. Ko. VIJAYAKUMAR, ADVOCATE)

                 AND:

                 1.   THE STATE OF KARNATAKA
                      BY ITS KAMAKSHIPALYA P.S.
                      REPTD. BY THE STATE PUBLIC PROSECUTOR
                      HIGH COURT BUILDING
                      BENGALURU - 560 001.

                 2.   RAMANNA S R
Digitally             S/O LATE RANGAIAH
signed by             AGE MAJOR
MADHURI S
Location: High   3.   RAMU @ MANJU
Court of
Karnataka             S/O HANUMANTHAIAH
                      AGE MAJOR

                      BOTH ARE RESIDING AT
                      NO.91, MARUTHI NILAYA
                      ASTHOGRAMA BADAVANE
                      MAGADI MAIN ROAD
                      KAMAKSHIPALYA
                      BENGALURU - 560 079
                                                        ...RESPONDENTS
                 (BY SMT. WAHEEDA M.M., HCGP FOR R1;
                     SRI. B.VISWESWARAIAH, ADVOCATE FOR R2 & R3)
                              -2-
                                      CRL.A No. 967 of 2021
                                           NC: 2024:KHC:7820




     THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C
PRAYING TO a) SET ASIDE THE JUDGMENT AND ORDER DATED
05.01.2021 PASSED BY THE XXXIX ADDL.C.M.M., BENGALURU
IN C.C.NO.33420/2010 ACQUITTING THE ACCUSED FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 448, 323, 506 AND
452 OF IPC AND CONVICT THE ACCUSED FOR THE SAID
OFFENCES; b) ALLOW THE APPEAL 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 has filed a memo

seeking permission of this Court to withdraw this appeal

and to file the same before the Sessions Court.

2. The aforesaid memo is taken on record.

3. 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.

4. The Registry is directed to return the certified

copies.

NC: 2024:KHC:7820

5. In view of dismissal of appeal, all pending

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

orders is required.

Sd/-

JUDGE

MDS