The appellant filed a memo seeking withdrawal of the criminal appeal and liberty to file a bail petition under Section 439 CrPC, citing a prior judgment on maintainability.
Appeal dismissed as withdrawn; liberty granted to file a petition for bail.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1835 OF 2023
BETWEEN:
SHRI HARIJANA SHIVASHANKAR S/O HARIJANA PEDDA HANUMANTHAPPA AGED ABOUT 42 YEARS R/O 5-144, MALLAPPAURAM VILLAGE PALA VAYU POST KALYAN DURGA MANDALAM DISTRICT ANANTHAPUR ANDHRA PRADESH - 515 761.
…APPELLANT
(BY SRI VEERANNA G TIGADI GADIGEPPA, ADVOCATE)
AND:
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE IMPUGNED ORDER DATED 31.07.2023 CRL.MISC. No.363/2023 BY THE LEARNED ADDITIONAL SESSIONS JUDGE, FAST TRACK SPECIAL COURT-I (POCSO) CHIKKABALLAPURA AND BY GRANTING HIM BAIL IN SPECIAL SESSIONS CASE (POCSO) No.48/2023 IN CR.NO.0034/2023 (CRIMINAL MISCELLANEOUS No.363/2023) FOR THE OFFENCES P/U/S 343, 363, 366-A, 376(D), 376(2)(i)(n) R/W 34 OF IPC, 1860 AND UNDER SECTIONS 4, 5(g)(1) PUNISHABLE UNDER SECTION 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT AND SECTIONS 3(1)(w) AND 3(2)(v) OF THE SC/ST (POA) ACT. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant files a memo seeking withdrawal of the appeal, with liberty to file a petition. The memo reads thus;
“HEREIN, the Memo on behalf of the Appellant is as under:
In view of the law laid down by this Hon’ble Court in Criminal Petition No.7421/2023, the above Appeal is not maintainable. The top noted Appeal may be converted as Petition under Section 439 of Code of Criminal Procedure, 1973.
The Appellant most humbly prays that this Hon’ble Court may kindly permit the Appellant to
withdraw the Appeal with liberty to file a Petition under Section 439 of Code of Criminal Procedure, 1973.
Hence, this Memo”
In view of the memo, the appeal is dismissed as withdrawn , with liberty to file a petition.
Registry is directed to return the documents to the counsel for the appellant.
Sd/JUDGE
GH
List No.: 1 Sl No.: 24
1 issue framed by the court
Whether the criminal appeal maintained under Section 14(A)(2) of SC/ST (POA) Act, 2015 against the order granting bail should be allowed to be withdrawn.
Colour shows how this judgement treated each authority
Criminal Petition No.7421/2023Referred¶19
6 provisions across 4 enactments
Shri Harijana Shivashankar
State of Karnataka
Victim Girl Represented By Mother Smt. Gangamma
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
