Karnataka High Court
Sri B Byarappa vs C Narayana Gowda on 13 June, 2025
-1-
NC: 2025:KHC:20438
CRL.A No. 271 of 2024
C/W CRL.A No. 286 of 2024
CRL.A No. 287 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL APPEAL NO. 271 OF 2024 (A)
C/W
CRIMINAL APPEAL NO. 286 OF 2024
CRIMINAL APPEAL NO. 287 OF 2024
IN CRL.A No. 271/2024
BETWEEN:
SRI. B. BYARAPPA,
S/O. LATE. BHAYRAIAH,
AGED ABOUT 66 YEARS,
R/AT NO. 27/2,
MADAGALLI VILLAGE,
YELAWAL HOBLI, MYSORE TALUK,
MYSORE DISTRICT - 571 130.
...APPELLANT
(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)
Digitally signed by
SREEDHARAN
BANGALORE SUSHMA AND:
LAKSHMI
Location: High Court of 1.
Karnataka C. NARAYANA GOWDA,
AGED ABOUT 54 YEARS,
S/O. LATE. CHOWDAPPA,
PARTNER OF
M/S. ELITE BUILDERS AND DEVELOPERS,
MEZZANINE FLOOR,
MYSORE TRADE CENTER,
SUB-URBAN BUS STAND,
OPPOSITE B. N. ROAD,
MYSORE - 570 001.
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NC: 2025:KHC:20438
CRL.A No. 271 of 2024
C/W CRL.A No. 286 of 2024
CRL.A No. 287 of 2024
HC-KAR
2. M. PRADEEP KUMAR,
AGED ABOUT 39 YEARS,
S/O. MUDDUMADAPPA,
PARTNER OF
M/S. ELITE BUILDERS AND DEVELOPERS,
MEZZANINE FLOOR,
MYSORE TRADE CENTER,
SUB-URBAN BUS STAND,
OPPOSITE B. N. ROAD,
MYSORE - 570 001.
...RESPONDENTS
(BY SRI. CHANDRASHEKARA K.A., ADVOCATE)
THIS CRL.A IS FILED U/S 378(4) CR.P.C BY THE
ADVOCATE FOR THE APPELLANT PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO ALLOW THE APPEAL
AND SET ASIDE THE JUDGMENT AND ORDER DATED
07.12.2023 PASSED IN CRL.A.NO.132/2020 BY THE COURT OF
IV ADDL. DISTRICT AND SESSIONS JUDGE, MYSORE AND
CONFIRM THE JUDGMENT AND SENTENCE DATED 16.07.2020
PASSED IN C.C.NO.313/2016 BY THE IV FIRST CLASS
JUDICIAL MAGISTRATE COURT, MYSORE.
IN CRL.A.NO. 286/2024
BETWEEN:
SRI. B. BYARAPPA,
S/O. LATE BHAYRAIAH,
AGED ABOUT 67 YEARS,
R/AT NO. 27/2, MADAGALLI VILLAGE,
YELAWAL HOBLI, MYSORE TALUK,
MYSORE DISTRICT - 571 130.
...APPELLANT
(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)
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NC: 2025:KHC:20438
CRL.A No. 271 of 2024
C/W CRL.A No. 286 of 2024
CRL.A No. 287 of 2024
HC-KAR
AND:
1. C. NARAYANA GOWDA,
AGED ABOUT 54 YEARS,
S/O. LATE CHOWDAPPA,
PARTNER OF
M/S ELITE BUILDERS AND DEVELOPERS,
MEZZANINE FLOOR,
MYSORE TRADE CENTRE,
SUB-URBAN BUS STAND,
OPPOSITE B.N.ROAD,
MYSORE - 570 001.
2. M. PRADEEP KUMAR,
AGED ABOUT 39 YEARS,
S/O. MUDDUMADAPPA,
PARTNER OF
M/S ELITE BUILDERS AND DEVELOPERS,
MEZZANINE FLOOR,
MYSORE TRADE CENTRE,
SUB-URBAN BUS STAND,
OPPOSITE B.N.ROAD,
MYSORE - 570 001.
...RESPONDENTS
(BY SRI. CHANDRASHEKARA K. A., ADVOCATE)
THIS CRL.A. IS FILED U/S.378(4) CR.P.C BY THE
ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS
HONBLE COURT MAY BE PLEASED TO ALLOW THE APPEAL
AND SET ASIDE THE JUDGMENT AND ORDER DATED
07.12.2023 PASSED IN CRL.A.NO.130/2020 BY THE COURT
OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE
MYSURU AND CONFIRM THE JUDGMENT AND SENTENCE
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NC: 2025:KHC:20438
CRL.A No. 271 of 2024
C/W CRL.A No. 286 of 2024
CRL.A No. 287 of 2024
HC-KAR
DATED 16.07.2020 PASSED IN C.C.NO.175/2017 BY THE IV
FIRST CLASS JUDICIAL MAGISTRATE COURT MYSURU FOR
THE OFFENCE P/U/S.138 OF NI ACT.
IN CRL.A NO. 287/2024
BETWEEN:
SRI. B. BYARAPPA,
S/O. LATE. BHAYRAIAH,
AGED ABOUT 66 YEARS,
R/AT NO. 27/2, MADAGALLI VILLAGE,
YELAWAL HOBLI,
MYSORE TALUK,
MYSORE DISTRICT - 571 130.
...APPELLANT
(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)
AND:
1. C. NARAYANA GOWDA,
AGED ABOUT 54 YEARS,
S/O. LATE. CHOWDAPPA,
PARTNER OF
M/S ELITE BUILDERS AND DEVELOPERS,
MEZZANINE FLOOR,
MYSORE TRADE CENTER,
SUB-URBAN BUS STAND,
OPPOSITE B.N.ROAD,
MYSORE - 570 001.
2. M. PRADEEP KUMAR,
AGED ABOUT 39 YEARS,
S/O MUDDUMADAPPA,
PARTNER OF
M/S ELITE BUILDERS AND DEVELOPERS,
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NC: 2025:KHC:20438
CRL.A No. 271 of 2024
C/W CRL.A No. 286 of 2024
CRL.A No. 287 of 2024
HC-KAR
MEZZANINE FLOOR,
MYSORE TRADE CENTER,
SUB-URBAN BUS STAND,
OPPOSITE B.N.ROAD,
MYSORE - 570 001.
...RESPONDENTS
(BY SRI. CHANDRASHEKARA K.A., ADVOCATE)
THIS CRL.A IS FILED U/S 378(4) OF CR.P.C. BY THE
ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
JUDGMENT AND ORDER DATED 07.12.2023 PASSED IN
CRL.A.NO.131/2020 BY THE COURT OF IV ADDITIONAL
DISTRICT AND SESSIONS JUDGE, MYSURU AND CONFIRM
THE JUDGMENT AND SENTENCE DATED 16.07.2020
PASSED IN C.C.NO.314/2016 BY THE J.M.F.C. - IV COURT,
MYSURU.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S RACHAIAH
ORAL JUDGMENT
Both the learned counsels are present.
2. The learned counsel for the appellant has filed a
memo seeking leave of this Court to withdraw the appeals.
NC: 2025:KHC:20438
HC-KAR
3. Considering the said memo and submission, the
Criminal Appeals stand dismissed as withdrawn.
Sd/-
(S RACHAIAH)
JUDGE
AMM
