Partly allowed

Sri. Gurumurthy v. the State by Govindarajanagar P.S.

Karnataka HC8 Aug 2023CRL.A/1491/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed the appellant's criminal appeal as withdrawn, granting liberty to file further appeal upon the result of a pending criminal petition under Section 482 Cr.P.C. that stayed the underlying investigation.

What did the court decide?

Allow withdrawal of the appeal with liberty to file an appeal subject to the result of the criminal petition filed under Section 482 Cr.P.C.

Sri. Gurumurthy Vs the State by… — Constitutional and Fundamental Rights | Karnataka HC (2023)

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NC: 2023:KHC:27926 CRL.A No. 1491 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 1491 OF 2022

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BETWEEN:

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SRI. GURUMURTHY, S/O. VIRUPAKSHA, AGED ABOUT 32 YEARS, RESIDENT AT NO.54, ELEGANT EMBASSY, 12TH MAIN , 4TH BLOCK, BENGALURU - 560 011.

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…APPELLANT

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(BY SRI. CHANDAN M., ADVOCATE FOR, SRI. B. N. SUNIL KUMAR, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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THE STATE BY GOVINDARAJANAGAR P.S., BENGALURU, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 560 001.

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POOJA S MADAR, D/O. SURESH, AGED ABOUT 23 YEARS, P.F. LAYOUT, VIJAYANAGAR, BENGALURU - 560 040.

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…RESPONDENTS

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(BY SRI. RENUKARADHYA R. D., HCGP FOR R1; R2 SERVED AND UNREPRESENTED)

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2 - NC: 2023:KHC:27926 CRL.A No. 1491 of 2022

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THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASDIE THE ORDER PASSED BY THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU (CCH-71) IN CR.NO.132/2022 OF THE GOVINDRAJANAGAR POLICE, BENGALURU ON THE FILE OF OF CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-71) FOR THE OFFENCE P/U/S 376, 376(N), 323, 504, 506 OF IPC AND SECTION 3(1)(r), 3(1)(s), 3(1)(w), (i)(ii), 3(2)(v) OF SC/ST (POA) ACT. AND GRANT THE ANTICIPATORY BAIL TO THE APPELLANT BY ALLOWING THIS APPEAL.

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

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JUDGMENT

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Learned counsel for the appellant files a memo seeking withdrawal of the appeal with liberty to file an appeal subject to result of criminal petition filed under Section 482 of Cr.P.C.

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The said memo reads thus:

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"As the investigation in the Crime No 132/2022 involved in the above Appeal, is stayed by the Hon'ble High court in Criminal Petition No.7794/2022, dated 24.08.2022, the Petitioner may be permit to withdraw the Appeal with liberty to file an Appeal subject to result of Criminal petition under Section 482 Cr.P.C. Hence this Memo."

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NC: 2023:KHC:27926 CRL.A No. 1491 of 2022

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In view of the memo, appeal is dismissed as

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withdrawn with liberty to file an appeal subject to result of criminal petition filed under Section 482 of Cr.P.C.

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Sd/JUDGE

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RKM List No.: 1 Sl No.: 15 CT: AVB

Sri. Gurumurthy v. the State by Govindarajanagar P.S.

Case brief

What is this about?

What did the court decide?

Sri. Gurumurthy v. the State by Govindarajanagar P.S.

Case brief

What is this about?

What did the court decide?

What the court decided

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