- 1 - HC-KAR NC: 2025:KHC-D:11805-DB CRL.A No. 100265 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA CRIMINAL APPEAL NO. 100265 OF 2023 (A) BETWEEN: GYANAPPA S/O. SANGAPPA KALGUDI AGE: 41 YEARS, OCC: COOLIE, R/O. BEVOOR VILLAGE, TQ AND DIST: BAGALKOT. …APPELLANT (BY SRI. N.L.BATAKURKI, ADVOCATE) AND: 1. SHIVKUMAR S/O. PARASAPA KAVALLI AGE: 25 YEARS, OCC: FARMER, R/O. BEVOOR VILLAGE, TQ AND DIST: BAGALKOT-587101. 2. THE STATE OF KARNATAKA BY C.P.I. BAGALKOT RURAL P S, BAGALKOT, TQ AND DIST: BAGALKOT 587101. …RESPONDENTS (BY SRI. SABEEL AHMED, ADVOCATE FOR R1; SRI. M.B.GUNDAWADE, ADDL. SPP FOR R2) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372 OF CRPC SEEKING TO ADMIT THE APPEAL AND CALL FOR THE RECORDS FROM COURT BELOW AND SET ASIDE THE JUDGMENT Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11805-DB CRL.A No. 100265 of 2023 AND ORDER OF ACQUITTAL OF ACCUSED/RESPONDENT NO.1 HEREIN DATED 30.01.2023 PASSED BY ADDL. DISTRICT AND SESSIONS JUDGE-FTSC-1, BAGALKOTE IN SPL. C. NO. 67/2020 FOR THE OFFENCE U/SEC. 363, 366, 376, 376(1), 376(2)(n), 376(3) OF IPC AND SECTIONS 4 AND 6 OF POCSO ACT AND CONVICT THE RESPONDENT NO.1/ACCUSD FOR THE ABOVE SID OFFENCE, IN THE INTEREST OF JUSTICE THIS CRIMINAL APPEAL COMING ON FOR FINAL HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The appellant and respondent No.1/accused is present before the Court. 2. Learned counsel for the appellant, learned counsel for respondent No.1 and learned Addl. SPP representing respondent No.2 are present. - 3 - HC-KAR NC: 2025:KHC-D:11805-DB CRL.A No. 100265 of 2023 3. The learned counsel for the appellant has filed a memo for withdrawal of the above appeal, which reads as follows; “MEMO FOR WITHDRAWAL OF APPEAL Herein the Advocate for appellant submits as under The appellant herein preferred appeal against acquittal of Respondent No.1/accused, now the appellant is not interested in prosecuting the above appeal, hence appellant may kindly be permitted to withdraw the above appeal in the interest of justice and equity. Sd/- Dharwad (N. L. Batakurki) 11.09.2025 Advocate for the Appellant” 4. Along with the memo for withdrawal, the affidavit of the appellant is filed, which reads as follows; “AFFIDAVIT Herein I Gyanappa S/o Sangappa Kalgudi Age: 43 Years Occ: Coolie R/o Bevoor village Tq & Dist: Bagalkot today at Dharwad do hereby state on solemn affirmation as follows: 1. That, I am the appellant in the above said case and I know the full facts of the case - 4 - HC-KAR NC: 2025:KHC-D:11805-DB CRL.A No. 100265 of 2023 2. That, I have preferred above appeal challenging the judgment dated 30.01.2023 passed by Addl. District and Sessions Judge-FTSC-1, Bagalkote in Spl C No.67 / 2020. 3. I submit that, I am voluntarily withdrawing above appeal and the same is without any coercion or fraud and after going through the contents I have signed hereto. Wherefore, it is most humbly prayed that, this Hon'ble court kindly be pleased to permit me to withdraw the above appeal in the interest of justice and equity. The contents of the affidavit are true and correct to the best of my knowledge, belief and information. Dharwad Sd/- 11.09.2025 Deponent” 5. The respondent No.1 also undertakes not to commit any crimes/illegal acts and also not cause any inconvenience to the appellant and his family members. - 5 - HC-KAR NC: 2025:KHC-D:11805-DB CRL.A No. 100265 of 2023 6. In view of the aforementioned, the appeal is dismissed as withdrawn. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE SMM / Ct:vh List No.: 1 Sl No.: 35