- 1 - NC: 2025:KHC:7419 CRL.A No. 436 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 436 OF 2024 BETWEEN: MR. GEORGE PAIS S/O LATE ALBERT PAIS AGED ABOUT 57 YEARS R/AT CHURCH WARD NEAR PAJEER CHURCH ROAD PAJEER POST VIA MANGALAGANGOTHRI MANGALORE - 574 199 …APPELLANT (BY SRI. CYRIL PRASAD PAIS, ADVOCATE) AND: MR. AUSTIN LOBO S/O LATE HENRY LOBO AGED ABOUT 45 YEARS R/A BAIDERLACHIL HOUSE PAVOOR POST VIS MANGALAGANGOTHRI KONAJE BANTWAL TALUK - 574199 …RESPONDENT THIS CRL.A IS FILED U/S 372 READ WITH SECTION 378(4) CR.PC PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 13.12.2023 PASSED BY THE II ADDL.DISTRICT AND SESSIONS JUDGE, MANGALORE IN CRL.A.NO.36/2023 AND CONSEQUENTLY CONFIRM THE JUDGMENT OF CONVICTION AND SENTENCE DATED 03.02.2023 PASSED BY THE IX COURT MANGALORE IN C.C.NO.1960/2018. Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7419 CRL.A No. 436 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT Learned counsel for the appellant files memo seeking withdrawal of the appeal. The memo reads thus: " MEMO FOR WITHDRAWAL The appellant herein prior to filing of the above Criminal Appeal has filed Crl.RP.No.180/2024. The office has raised an objection on the maintainability of the said Revision Petition. Accordingly, the appellant has filed a memo seeking liberty to file criminal appeal. Accordingly, liberty was granted. This Hon'ble Court granted liberty to file the above appeal. Subsequently, after the liberty was granted, the Appellant re-filed Criminal Appeal. The said Criminal appeal is numbered as Crl.A no.505/2024. In the meantime, present Crl.A 436/2024 was also reconverted. The appeal no.436/2024 was also listed before the Hon'ble Court on 28.01.2025. Upon hearing, the appeal - 3 - NC: 2025:KHC:7419 CRL.A No. 436 of 2024 was admitted. The present Crl.A is also arising from the same judgment which is challenged in Crl.A 505/2024. The above appeal, in the view of the same., the Appellant seeks to withdraw Crl.A no:436/2024 with a liberty to pursue Crl.A no:505/2024. Hence, the present Crl.A 436/2024 may kindly be dismissed as withdrawn, granting liberty to the appellant to pursue Crl.A 505/2024 in the interest of justice and equity." 2. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KG List No.: 1 Sl No.: 6