Sri. K V Jayaprakash vs Vijayakumar @ Viji
2024 Latest Caselaw 22802 Kant

Karnataka High Court

Sri. K V Jayaprakash vs Vijayakumar @ Viji on 9 September, 2024

                                                  -1-
                                                               NC: 2024:KHC:36593-DB
                                                           CRL.A No. 2229 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 9TH DAY OF SEPTEMBER, 2024

                                              PRESENT
                    THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                                                 AND
                            THE HON'BLE MR JUSTICE UMESH M ADIGA
                               CRIMINAL APPEAL NO. 2229 OF 2018


                   Between:

                   Sri. K.V.Jayaprakash
                   S/o. K.S.Vishwanath
                   Aged about 50 years,
                   Proprietor, M/s Pavithra Garments
                   Residing at Vishwa Ganga Nilaya
                   3rd Cross, Thyagaraja Colony
                   Gowribidanuru Town-561208.
                                                                          ...Appellant
                   (By Sri. Manjunatha A.C., Advocate)

                   And:
Digitally signed
by VEERENDRA       1.    Vijayakumar @ Viji
KUMAR K M                S/o Late K.A.Narayana
Location: HIGH           Aged about 52 years,
COURT OF                 No.4-2-82, Dhonthi Beemaiah Colony
KARNATAKA
                         Hindupura Town,
                         Ananthapura District,
                         Andrapradesh-515001.

                   2.    Jameer @ Sheik Jameer
                         S/o Late Sheik Mehaboob Sab,
                         Aged about 50 years,
                         Residing at No.581, Nehruji Colony,
                         Gowribidanur Town,
                         Chikkaballapura District
                         Karnataka-561208.
                                  -2-
                                          NC: 2024:KHC:36593-DB
                                        CRL.A No. 2229 of 2018




3.   Gopal @ Nallagopal
     S/o. Late Thirumalappa
     Aged about 42 years,
     No.602, Karekallahalli,
     Gowribidanuru Town,
     Chikkaballapura District,
     Karnataka-561208.

4.   State by Gowribidanuru Town Police
     Gowribidanuru-561208
     Rep. by State Public Prosecutor
     High Court of Karnataka
     Bengaluru-560 001
                                                   ...Respondents
(By Sri. Arun Kumar Y.H., Advocate for R2 & R3;
    Sri. Rajat Subramanya, HCGP and R4)

      This Criminal Appeal is filed u/s.372 Cr.P.C. praying to set
aside the judgment and order of acquittal dated 06.10.2018
passed by the Principal District and Sessions Judge,
Chikkaballapura     in  S.C.No.17/2017       -   acquitting    the
respondents/accused for the offence punishable under section
341, 307, 326 and 114 read with 34 of IPC.

      This Criminal appeal, coming on for orders, this day,
order was made therein as under:


CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
       and
       HON'BLE MR JUSTICE UMESH M ADIGA


                         ORAL ORDER

(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)

The appellant's counsel files a memo stating

that the dispute between the parties is settled with

NC: 2024:KHC:36593-DB

the intervention of the well wishers and therefore

the appellant is not interested to prosecute the

appeal and he wants to withdraw the same.

2. The appellant is the de-facto

complainant. If he does not want to prosecute the

appeal, the appeal can be withdrawn. Therefore

memo is placed on record. Appeal is dismissed

as withdrawn.

3. The order dated 14.08.2024 issuing

notice to the surety is recalled.

Sd/-

(SREENIVAS HARISH KUMAR) JUDGE

Sd/-

(UMESH M ADIGA) JUDGE

KMV