- 1 - NC: 2025:KHC:3482 CRL.RP No. 74 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 74 OF 2025 BETWEEN: 1. SRI KARIYAPPA @ HANUMAIAH S/O HANUMAIAH, AGED ABOUT 49 YEARS, R/O S.BIDARE VILLAGE, KADUR TALUK, CHIKKAMAGALURU DISTRICT, KARNATAKA. …PETITIONER (BY SRI. HANUMANTHAPPA.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHO, SAKHARAYAPATTANA POLICE, KADURU, CHIKKAMAGALURU, REPRESENTED BY STATE PUBLIC PROSECUTER, HIGH COURT OF KARNATAKA, BENGALURU-500001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT, CONVICTION AND SENTENCE PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU PASSED IN CRL.A.NO.106/2021 DATED 23.10.2024 CONVICTING THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 326, 504 OF IPC BY ALLOWING THE ABOVE RP AND PLEASED TO ACQUIT THE PETITIONER IN Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3482 CRL.RP No. 74 of 2025 THE ABOVE CASE AND TO CONFIRM THE JUDGEMENT AND ORDER OF THE II ADDL. CIVIL JUDGE AND JMFC, KADURU PASSED IN CC.NO.1234/2014 ACQUITTING THE PETITIONER FOR THE OFFENCES UNDER SECTIONS 504, 326 OF IPC, REGISTERED BY THE SAKHARAYAPATNA POLICE, SAKHARAYAPATNA. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Learned counsel for the petitioner has filed a memo stating that by oversight, instead of invoking Section 374(2) Cr.P.C., filed this criminal revision petition invoking provision of Section 397 of Cr.P.C. and permit the petitioner to withdraw the petition with liberty to file a fresh petition invoking proper provision of law. 2. The memo is taken on record. 3. In terms of the memo, the criminal revision petition is dismissed as withdrawn with liberty to file a fresh petition. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 27