Mubarak @ Mubarak Husensab Byadgi vs The State Of Karnataka
2024 Latest Caselaw 15186 Kant

Karnataka High Court

Mubarak @ Mubarak Husensab Byadgi vs The State Of Karnataka on 1 July, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                -1-
                                                              NC: 2024:KHC:24303
                                                           CRL.A No. 901 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 1ST DAY OF JULY, 2024

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL NO. 901 OF 2024
                      BETWEEN:

                            MUBARAK
                            @ MUBARAK HUSENSAB BYADGI
                            S/O HUSSAIN SAB
                            AGED ABOUT 23 YEARS
                            RESIDING AT HENCHINA FACTORY
                            RAJANAGARA, RANGAPURA
                            OORKERE CHECK POST
                            TUMAKURU DISTRICT
                            KARNATAKA - 571 101.
                                                                    ...APPELLANT

                      (BY SRI T P CHIDAMBAR SWAROOP, ADVOCATE)

                      AND:

                      1.    THE STATE OF KARNATAKA
                            REPRESENTED BY WOMEN
Digitally signed by         POLICE STATION TUMAKURU
LAKSHMINARAYANA             KARNATAKA - 572 103.
MURTHY RAJASHRI
Location: HIGH
COURT OF              2.    MANJULA
KARNATAKA
                            W/O RAVEENDRA G
                            AGED ABOUT 45 YEARS
                            RESIDING AT ASHWATHAKATTE
                            OPPOSITE TO NAGANAPALYA
                            SIRA GATE, TUMAKURU
                            KARNATAKA - 572 106.
                                                               ...RESPONDENTS

                      (BY SRI R RANGASWAMY, HCGP FOR R1)
                                  -2-
                                              NC: 2024:KHC:24303
                                           CRL.A No. 901 of 2024




     THIS CRL.A. IS FILED UNDER SECTION 14(A)(2) OF
SC/ST (POA) ACT, 2015 PRAYING TO ENLARGE THE APPELLANT
ON BAIL IN SPL.C.No.910/2023 IN THE COURT OF ADDITIONAL
DISTRICT AND SESSIONS JUDGE, FTSC-I AT TUMAKURU FOR
OFFENCES UNDER SECTION 376 OF IPC AND SECTION 6 OF
THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT,
2012 AND SECTION 3(2)(V) OF THE SC AND ST (POA)
AMENDMENT ACT, 2015 AND ETC.,

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

                           JUDGMENT

1. Learned counsel for the appellant has filed a

memo seeking withdrawal of the appeal. The memo reads

thus:

"I the undersigned Advocate for the appellant herein submits that the office has raised an objection as to the maintainability of the appeal and that it had to be filed under Section 439 of Code of Criminal Procedure. So the petitioner mostly humbly submits to permit to dismiss this appeal as withdrawn with liberty to file a fresh petition in the ends of justice."

2. In view of the memo, appeal is dismissed as

withdrawn. Liberty is reserved to the appellant to file a

fresh petition, if he is so advised.

NC: 2024:KHC:24303

3. Registry is directed to return the documents to

the learned counsel for the appellant.

Sd/-

JUDGE

LRS