- 1 - NC: 2025:KHC:11950 CRL.A No. 428 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.428 OF 2025 BETWEEN: 1. K. GANESH BABU, S/O LATE KRISHAMURTHY, AGED ABOUT 61 YEARS, R/AT NO.26/1-1, CHAITHANYA, 2ND CROSS, M.T.LAYOUT, BEHIND MES COLLEGE, 13TH CROSS, MALLESWARAM, BANGALORE-560 053. ALSO AT: NO.23, GROUND FLOOR, MODEL LIC HOUSING COLONY, BASAVESHWANR NAGAR, BENGALURU-560 079. …APPELLANT (BY SRI. ANGAD KAMATH, ADVOCATE) AND: 1. SMT. KUSUMA KUMARI, AGED ABOUT 71 YEARS, W/O LATE SRI. S.VEKATESHWARALU, REPRESENTED BY GPA HOLDER, SRI. S. SRAVAN CHITANYA, S/O LATE SRI. S.VENKATESHWARALU, AGED ABOUT 41 YEARS, R/AT NO.189/A, MLA COLONY ROAD, NO.12, BANJARA HILLS, HYDERABAD-500 034. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11950 CRL.A No. 428 of 2025 2. SRI. B.G. CHENNNAPPA, AGED ABOUT 72 YEARS. 3. SRI. HARSHA VARDHAN, AGED ABOUT 53 YEARS. BOTH RESIDENT OF 17/2, OMKARNAGAR, GANKAL VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK. 4. DR. HAFEEZUR RAHMAN, AGED ABOUT 88 YEARS, S/O LATE A. ABDUL AZEEZ. 5. MR. SHAFEEQUR RAHMAN, AGED ABOUT 82 YEARS, S/O LATE A. ABDUIL AZEEZ. BOTH RESIDENTS OF NO.599, MINA, 2ND MAIN, TEACHERS COLONY, KORAMANGALA, BANGALORE-560 034. 6. MR. NAZEEBUR RAHMAN, AGED ABOUT 74 YEARS, S/O LATE A. ABDUL AZEEZ, R/AT AREHALLI VILLAGE, BELUR TALUK, HASSAN DISTRICT-573 101. 7. SMT. KAMARUNNISA, AGED ABOUT 99 YEARS, D/O LATE A. ABDUL AZEEZ, W/O LATE ABDUL GANI. 8. SMT. FARHATH HAYATH, AGED ABOUT 60 YEARS, D/O LATE A. ABDUL AZEEZ, W/O LATE C.R.MOHD HAYATH. BOTH RESIDENTS OF AREHALLI VILLAGE BELUR TALUK, HASSAN DISTRICT-573 101. - 3 - NC: 2025:KHC:11950 CRL.A No. 428 of 2025 REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER, MR. NAJEEBUR RAHMAN, S/O LATE A. ABDUL AZEEZ, AGED ABOUT 74 YEARS, R/O AREHALLI VILLAGE, BELUR TALUK, HASSAN DISTRICT-573 101. 9. SRI. SYED AFROZ, AGED ABOUT 75 YEARS, S/O LATE SYED GHOUSE, R/AT AREHALLI VILLAGE, BELUR TALUK, HASSAN DISTRICT-573 101. 10. SRI. SYED SHERAZ, AGED ABOUT 75 YEARS, S/O LATE SYED GHOUSE. 11. SMT. SAIRA RAFATH, AGED ABOUT 59 YEARS, D/O LATE SYED GHOUSE AND LATE SMT.RAHAMATHUNNISA. BOTH RESIDENTS OF AREHALLI VILLAGE, BELUR TALUK, HASSAN DISTRICT-573 101. 12. SMT. SHIVAMMA K., W/O LATE MR.GURUSIDDAPPA, AGED : MAJOR, R/AT BHAVIHAL VILLAGE, NARAGANAHALLI, DEVANAGERE-577 534. …RESPONDENTS (BY SMT. ANUSHA B. REDDY, ADVOCATE C/R1) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 340 R/W SECTION 379(2) OF BNSS ACT, PRAYING TO SET ASIDE THE ORDER DATED 23.01.2025 PASSED BY THE LEARNED 5TH ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN - 4 - NC: 2025:KHC:11950 CRL.A No. 428 of 2025 O.S.NO.8729/2004 DIRECTING THE REGISTRATION OF A CRIMINAL MISC.C.NO.684/2025 AGAINST THE APPELLANT HEREIN ON THE APPLICATION I.A.NO.26 FILED UNDER SECTION 379 R/W SECTION 215 OF BNSS ACT, 2023. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellant has filed a memo seeking permission of this Court to withdraw the appeal. 2. The memo is taken on record. The criminal appeal is dismissed as withdrawn. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 50