- 1 - HC-KAR NC: 2025:KHC:20438 CRL.A No. 271 of 2024 C/W CRL.A No. 286 of 2024 CRL.A No. 287 of 2024 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) 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. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20438 CRL.A No. 271 of 2024 C/W CRL.A No. 286 of 2024 CRL.A No. 287 of 2024 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) - 3 - HC-KAR NC: 2025:KHC:20438 CRL.A No. 271 of 2024 C/W CRL.A No. 286 of 2024 CRL.A No. 287 of 2024 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 - 4 - HC-KAR NC: 2025:KHC:20438 CRL.A No. 271 of 2024 C/W CRL.A No. 286 of 2024 CRL.A No. 287 of 2024 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, - 5 - HC-KAR NC: 2025:KHC:20438 CRL.A No. 271 of 2024 C/W CRL.A No. 286 of 2024 CRL.A No. 287 of 2024 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. - 6 - HC-KAR NC: 2025:KHC:20438 CRL.A No. 271 of 2024 C/W CRL.A No. 286 of 2024 CRL.A No. 287 of 2024 3. Considering the said memo and submission, the Criminal Appeals stand dismissed as withdrawn. Sd/- (S RACHAIAH) JUDGE AMM List No.: 1 Sl No.: 25