Shankaregowda @ Shankara @ Thuppa vs State Of Karnataka
2024 Latest Caselaw 26783 Kant

Karnataka High Court

Shankaregowda @ Shankara @ Thuppa vs State Of Karnataka on 8 November, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                               -1-
                                                          NC: 2024:KHC:45099
                                                      CRL.A No. 1047 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 8TH DAY OF NOVEMBER, 2024

                                            BEFORE
                   THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                              CRIMINAL APPEAL No. 1047 OF 2024
                   BETWEEN:

                         SHANKAREGOWDA @ SHANKARA @ THUPPA
                         S/O L. MAHADEVAPPA
                         AGED 31 YEARS
                         HOUSE No. 330
                         DALAVAHI AGRAHARA
                         T. NARASIPURA TOWN,
                         MYSURU - 571 124.
                                                               ...APPELLANT
                   (BY SRI PRASANNA KUMAR P, ADVOCATE)

                   AND:

                   1.    STATE OF KARNATAKA
                         BY T NARASIPURA POLICE STATION
                         NANJANAGUDU SUB-DIVISION
                         MYSURU DISTRICT,
                         REPRESENTED BY ITS
Digitally signed         STATE PUBLIC PROSECUTOR
by HEMAVATHY             HIGH COURT BUILDING
GANGABYRAPPA
                         BENGALURU - 560 001.
Location: HIGH
COURT OF
KARNATAKA          2.    RAMANUJAM
                         S/O LATE RAJAGOPAL
                         AGED ABOUT 38 YEARS
                         RESIDING AT DOOR No. 38
                         CHIKKA ANGADI BEEDHI
                         T. NARSIPURA TOWN
                         MYSURU DISTRICT - 571 124.
                                                            ...RESPONDENTS
                   (BY SRI K NAGESHWARAPPA, HCGP FOR R1
                    SRI SUYOG HERELE, ADVOCATE FOR R2)
                              -2-
                                             NC: 2024:KHC:45099
                                         CRL.A No. 1047 of 2024




      THIS CRL.A. IS FILED UNDER SECTION 14(A)(2) OF
SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER
DATED 19.04.2024 IN SPL.C.No.647/2023 PASSED BY THE
LEARNED VI ADDITIONAL DISTRICT AND SPECIAL JUDGE,
MYSURU FOR THE OFFENCE UNDER SECTIONS 143, 147, 148,
504, 307, 302 R/W SECTION 149 OF IPC AND SECTION 3(2)(v)
OF SC/ST POA ACT, 2015 (PRODUCED VIDE ANNEUXRE-A) AND
ETC.,

    THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR



                      ORAL JUDGMENT

Learned counsel for the appellant is urging ground

that the appellant -accused No.4 has sustained injuries in

the incident and referred mahazar dated 13.07.2023

wherein mobile was seized from custody of accused No.8

shows photos of this appellant -accused No.4 sustaining

injuries. He further submits that the said aspect has been

suppressed by the prosecution. He further submits that in

the remand application of this appellant -accused No.4

dated 12.07.2023 it is also stated that this appellant -

accused No.4 is injured. The order sheet dated

15.07.2023 of the learned Special Judge which indicates

NC: 2024:KHC:45099

that medical documents are enclosed with the remand

application showing that the appellant -accused No.4 is

injured. The learned counsel for the appellant has not

urged the said ground before the trial Court.

2. Learned counsel for the appellant seeks

permission to withdraw this appeal with liberty to file fresh

petition before the learned Special Judge urging the said

ground.

3. In view of the above, the appeal is dismissed

as withdrawn with liberty as stated above.

4. Learned Special Judge without influenced by

earlier order passed by him has to consider bail application

to be filed by appellant -accused No.4.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

DSP