Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 18329 (KAR)

MANJUNATHA v. THE STATE OF KARNATAKA

CRL.A/479/2025 · 2025-03-17

H P Sandesh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10847 CRL.A No. 479 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO. 479 OF 2025 BETWEEN: 1. MANJUNATHA S/O LATE CHIKKANARAYANAPPA AGED ABOUT 42 YEARS R/AT 12TH WARD ROJIPURA COLONY DODDABALLAPURA TOWN BANGALORE-561 203. …APPELLANT (BY SMT. SHIVAMMA D., ADVOCATE FOR SRI. ESHWARA H.H., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DODDABALLAPURA WOMEN POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT KARNATAKA BANGALORE-560 001. 2. SMT. BHABYAMMA W/O MANJUNATH AGED ABOUT 30 YEARS R/AT 2ND WARD ROJIPURA COLONY DODDABALLAPURA TOWN BANGALORE-561 203. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10847 CRL.A No. 479 of 2025 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.PC PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE DATED 25.07.2023 PASSED BY THE HON’BLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 AT BANGALORE RURAL IN SPL.C.NO.493/2021 OF DODDABALLAPURA WOMEN POLICE, CONVICTING THE APPELLANT FOR THE OFFENCE PUNISHABLE UNDER SECTION 6 OF POCSO ACT. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The office has raised the objection that the very same appellant had earlier filed the appeal in Crl.A.No.1721/2023 and the same is dismissed for non-prosecution and against the said order of dismissal, the appellant cannot again file a criminal appeal. Hence, the counsel for the appellant has filed a memo seeking permission of this Court to withdraw the appeal with liberty to file an application to revive Crl.A.No.1721/2023 which was filed earlier. 2. The memo is taken on record. - 3 - NC: 2025:KHC:10847 CRL.A No. 479 of 2025 Accordingly, the criminal appeal is dismissed as withdrawn with liberty as sought. If such application is filed, Registry to put up the same along with Crl.A.No.1721/2023. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 16