- 1 - NC: 2025:KHC:4683 CRL.A No. 852 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL NO. 852 OF 2011 BETWEEN: 1. MANOHAR @ MANU S/O LATE ARUNACHALAM AGED ABOUT MAJOR, R/A KATTIGENAHALLI, SHED T B.D.A SITEYELAHANKA HOBLI, BANGALORE NORTH TALUK. 2. SEENA @ SRINIVAS S/O MUNIKRISHNA 21 YEARS, INFRONT OF K.C.GENERAL HOSPITAL MALLESHWARAM, BANGALORE. 3. MOHANKUMAR @ SUMAN S/O MOHAN 25 YEARS, KATTIGENAHALLI, YELAHANKA,BANGALORE. …APPELLANTS (BY SRI. R.SRINIVASA.,ADVOCATE (ABSENT)) AND: STATE BY KOTHANUR POLICE …RESPONDENT (BY SRI.RAHUL RAI.K, HCGP ) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4683 CRL.A No. 852 of 2011 THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 14.7.11 PASSED BY THE P.O., FTC-XII, BANGALORE IN S.C.NO.793/09 - CONVICTING THE APPELLANTS/ACCUSED FOR THE OFFENCE P/U/S 394 OF IPC AND THE APPELLANTS/ACCUSED ARE SENTENCED TO UNDERGO IMPRISONMENT FOR A PERIOD OF THREE YEARS AND A FINE OF RS.4000/- EACH, FOR THE OFFENCE P/U/S 394 OF IPC, IN THE CASE OF THEIR FAILURE TO PAY THE FINE, THEY SHALL FURTHER UNDERGO S.I. FOR THREE MONTHS. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL JUDGMENT The present criminal appeal is filed by accused Nos.1 to 3 challenging the judgment and order of sentence passed in S.C.No.793/2009 by the Presiding Officer, Fast Track Curt - 12, Bengaluru, whereby these accused persons have been convicted for the offence punishable under Section 394 of IPC. 2. Appellant No.3 - Sri Mohan Kumar @ Suman is produced from the Central Prison of Palayamkottai, - 3 - NC: 2025:KHC:4683 CRL.A No. 852 of 2011 Tenkasi District, Tamil Nadu through Video Conferencing and appellant No.2 is also present before the Court. 3. On enquiry, appellant No.3 submits that he would continue the appeal in Crl.A.No.886/2011 wherein he is appellant No.1 and the appeal in Crl.A.No.852/2011 being a duplicate appeal in respect of Sri Seena @ Srinivas, Sri Mohan Kumar @ Suman and Sri Manohar @ Manu, the appeal in respect of Sri Mohan Kumar @ Suman in Crl.A.No.852/2011 filed by the learned counsel, Sri R. Srinivasa of M/s. ADI Law Chambers is dismissed as it is a duplicate appeal. 4. Placing the submission of appellant No.3 on record and also taking note of the fact that his counsel, Sri.R.Srinivasa is consistently absent and the impugned judgments in both the appeals being one of the same, the appeal in Crl.A.No.852/2011 insofar as appellant Nos.2 and 3 are concerned is dismissed as they are already the appellants in Crl.A.No.886/2011. - 4 - NC: 2025:KHC:4683 CRL.A No. 852 of 2011 5. It is also submitted that appellant No.1 - Sri Manohar @ Manu is no more. Therefore, the appeal insofar as this appellant No.1 is concerned is also dismissed as abated. Sd/- (V SRISHANANDA) JUDGE SA