The High Court at Bengaluru disposed of Criminal Appeal No. 136 of 2021 involving ten appellants. Upon hearing the learned counsel, the court granted leave for the withdrawal of the appeal and consequently dismissed it.
Criminal Appeal dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH 2021
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL APPEAL NO.136 OF 2021
BETWEEN
1 . NAWAZ S/O MOHAMMED RIYAZ AGED ABOUT 21 YEARS, R/O ROSHAN NAGAR, MODI ROAD D J HALLI BENGALURU-560045 2 . MOHAMMED SHAHRUK S/O MOHAMMED ILIYAZ AGED ABOUT 28 YEARS R/A NO.26, 18TH CROSS RISHAD NAGAR, MODI ROAD D J HALLI NEAR KAUSER MASJID BANGALORE-560045
3 . FAROOQ @ MOHAMMED UMAR FAROOQ S/O ALEEM AGED ABOUT 20 YEARS R/A NO.3284, 13TH CROSS NAGAMMA LAYOUT KAVAL BYRASANDRA R T NAGAR POST BENGALURU-560045
2
SHAMPUR MAIN ROAD D J HALLI BANGALORE-45
5 . MANSOOR S/O ENAYATH AGED ABOUT 28 YEARS, RESIDING BEHIND SANNAF MASJID DUBAI LAYOUT, D J HALLI BENGALURU-560045
6 . SHIEK WASEEM S/O SHIEK ASLAM AGED ABOUT 26 YEARS, R/O CHOLANAYAKANA HALLI NEAR SHALINI BAR R T NAGAR
BENGALURU-560032
7 . SHEIK HUSSAIN S/O SHEIK NAZEER AGED ABOUT 20 YEARS R/AT LABA KHUDA MADRASA NEAR LABABIN MASJID D J HALLI
BANGALORE-45
8 . SYED GEERU S/O SHAHNAAZ AGED ABOUT 45 YEARS, R/AT 1ST CROSS, DODDANNA NAGAR ’E’ BLOCK, D J HALLI
BANGALORE-45
9 . ZAMEER PASHA S/O MOHAMMED KAREEM AGED ABOUT 44 YEARS, R/AT 3RD CROSS, OPP. Y M SCHOOL ASHOK NAGAR A C POST BANGALORE-45
3
10 . MOHAMMED SIDDIQ S/O VAKEEL H R AGED ABOUT 27 YEARS, R/AT 2ND CROSS OPP BASITH MEDICAL STORE KAVAL BYRASANDRA BANGALORE-32
...APPELLANTS
(BY SRI: ANEES ALI KHAN, ADVOCATE)
AND
REPRESENTED BY THE SPECIAL PROSECUTOR MR P PRASANNA KUMAR T-5, 3RD FLOOR KRISHNA TOWERS NO.21/22, 3RD MAIN ROAD, OPP SAPNA BOOK HOUSE, GANDHI NAGARA BANGALORE-560009
2 . SHRI R AKHANDA SRINIVAS MURTHY S/O LATE RAMAYYA AGED ABOUT 50 YEARS, R/A NO.32, KAVAL BYRASANDRA R T NAGAR POST BENGALURU-560032
...RESPONDENTS
(BY SRI: THEJESH P. HCGP, A/W SRI: P. PRASANNA KUMAR, SPL.PP FOR R1; SRI: MURTHY D. NAIK, ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A) OF SC/ST (POA) ACT PRAYING TO ENLARGE THE APPELLANTS ON BAIL IN CR.NO.219/2020 (NOW SPL.C.C.NO.744/2020) OF DEVARAJEEVANA
4
HALLI P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 144, 145, 447, 448, 435, 436, 395, 427, 120B R/W 149 OF IPC AND SECTION 2 OF KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT AND SECTION 3(2),(iii),(iv),(v),(va) OF SC/ST (POA) ACT AND SECTION 25(1b)(b) OF INDIAN ARMS ACT 1959.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION, THIS DAY, THROUGH VIDEO CONFERENCING AND BY PHYSICAL HEARING, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T
After submitting the arguments for considerable length of
time, learned counsel for appellants seeks leave to withdraw the appeal.
His submission is placed on record.
The appeal is dismissed as withdrawn.
Sd/JUDGE
Bss.
1 issue framed by the court
whether to allow withdrawal of criminal appeal filed under Section 14(A) of SC/ST (POA) Act
10 provisions across 2 enactments
NAWAZ S/O MOHAMMED RIYAZ
MOHAMMED SHAHRUK S/O MOHAMMED ILIYAZ
FAROOQ
MOHAMMED YOUSUF
MANSOOR S/O ENAYATH
SHIEK WASEEM S/O SHIEK ASLAM
JOHN MICHAEL CUNHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
