- 1 - NC: 2025:KHC:17259 CRL.A No. 620 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.620 OF 2013 BETWEEN: 1. MANU, S/O MANJUNATHA, AGED 23 YEARS, R/O BESAGARAHALLI, KEREMEGALADODDI, MADDUR TALUK, MANDYA DISTRICT-571401. …APPELLANT (BY SRI. R. PRAMOD, ADVOCATE - ABSENT) AND: 1. STATE BY BESAGARAHALLI POLICE STATION, BESAGARAHALLI, MANDYA DISTRICT-571 401. …RESPONDENT (BY SMT. K.P.YASHODA, HCGP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 27.03.2013 PASSED BY THE ADDITIONAL SESSIONS JUDGE, MANDYA IN SPL.C.C.NO.29/2012 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 417 OF IPC AND UNDER SECTION 3(1) AND (12) OF SC/ST ATROCITIES ACT, 1989. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17259 CRL.A No. 620 of 2013 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT On perusal of the order sheet, it discloses that when the case was called on 20.02.2025, the learned counsel for the appellant did not appear before the Court and hence this Court issued NBW against the appellant. Later, on 28.02.2025, this Court re-issued NBW and subsequently on 03.03.2025, the appellant/accused was produced before this Court and he was sent to Mandya Prison, since he was a convicted accused and this Court issued surety notice. 2. When the matter is posted for service of notice against the surety, the learned High Court Government Pleader places on record the letter issued by the Chief Superintendent of Hindalaga Jail, wherein it is stated that the appellant Manu has undergone the entire sentence. The appellant was not able to pay the fine amount and he has undergone imprisonment for the said default and he was released on 10.03.2015 itself. This fact was not brought to the notice of this Court and the same has led to issuing of NBW against the appellant and sending him to prison and hence the very appeal becomes infructuous. The learned - 3 - NC: 2025:KHC:17259 CRL.A No. 620 of 2013 counsel for the appellant did not bring it to the Court notice and later the learned counsel did not appear before the Court. Having taken note of the letter placed by the learned High Court Government Pleader that the appellant has already completed his sentence, the appeal become infructuous. 3. The appeal is dismissed as having become infructuous. 4. The Registry is directed to communicate this order to the concerned Mandya Prison to release the appellant forthwith. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 5