- 1 - NC: 2025:KHC:8211 CRL.A No. 1043 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL No.1043 OF 2013 (C) BETWEEN: 1. SANTOSH POOJARY S/O SHENA POOJARI, AGED 26 YEARS, D.NO.4-108, SRIDEVI DAYA KRIPA, AKASH BHAVAN, ANAND NAGAR, KAVOOR, MANGALORE. 2. AKSHAY KUMAR KOTTARI, S/O KAMALAKSHA, D.NO.4/168, KOTTARY COMPOUND, KUDRADY, KOTTARA CHOWKI, MANGALORE. (BOTH ARE LODGED IN DISTRICT PRISON, MANGALORE) …APPELLANTS (BY SRI K SHASHIKANTH PRASAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, BANGALORE. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE DATED 05.10.2013 Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8211 CRL.A No. 1043 of 2013 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS (SPL.) JUDGE, D.K., MANGALURE IN SPECIAL CASE No.29/ 2012 - CONVICTING THE APPELLANTS/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 341, 326 READWITH 34 OF INDIAN PENAL CODE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL JUDGMENT It is reported that appellant No.2 is no more. 2. Appellant No.1-Santosh Poojary is produced before the Court by Sri Balakrishna/HC-1025, Sri Chandrashekharappa/ PC-757, Kavoor Police Station, Mangaluru, by executing the non bailable warrant. 3. Appellant No.1 submits that he has already undergone the sentence of imprisonment ordered by the learned Trial Judge in the impugned judgment by spending time in Mangaluru jail as well as Hindalaga Jail, Belagavi. 4. He submits that insofar as the fine amount is concerned, he is ready to pay the same today itself before this Court. He is permitted to do so. - 3 - NC: 2025:KHC:8211 CRL.A No. 1043 of 2013 4. After payment of fine amount, nothing survives in the appeal as the appellant No.1 himself says that he is not interested in challenging the validity of the impugned judgment and he has already undergone the imprisonment period and he has paid the fine amount. Appellant No.2 is no more. 5. Placing the submission of appellant No.1 on record, appeal stands dismissed. 6. Since the payment of entire fine amount is made, appellant is set at free, if not required in any other case. 7. Fine amount of Rs.5,100/- received from the appellant shall be sent to the Court of III Addl. District and Sessions (Spl) Judge, Dakshina Kannada, Mangaluru, after making necessary entries which shall be appropriated towards defraying expenses of the State. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 2