- 1 - HC-KAR NC: 2025:KHC-D:8340 CRL.P No. 102559 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102559 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI MAHANTESH SOMAPPA KODIWAD, AGE: 42 YEARS, OCC: BUSINESS, R/O. SOPPADALA VILLAGE, TAL. YARAGATTI, DIST. BELAGAVI-591129. …PETITIONER (BY SHRI S. H. YADAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH MURGOL POLICE STATION, NOW REPRESENTED BY S.P.P, HIGH COURT OF KARNATAKA, BENCH AT: DHARWAD. 2. PRAVEEN S/O. NARAYAN TALAWAR, AGE: 37 YEARS, OCC: COOLIE, R/O. SOPPADALA VILLAGE, TAL. YARAGATTI, DIST. BELAGAVI-591129. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S.483(1) OF BNSS, PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN FIR CRIME NO.162/2025 REGISTERED BY THE RESPONDENT MURGOD POLICE STATION, BELAGAVI, REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE U/S. 351(2), 352 R/W. 3(5) OF BNS AND SECTION 3(2)(va), 3(1)(r), 3(1)(s) OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8340 CRL.P No. 102559 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Sri. Shadab H.Yadawad., learned counsel for the petitioner is present and has filed a memo seeking withdrawal of the petition. The contents of withdrawal memo read as under: “Herein the memo for withdrawal is submitted on behalf of the petitioner is as under. The petitioner inadvertently has filed criminal petition instead of filing criminal appeal challenging the impugned order. Therefore the petitioner may kindly be permitted to withdraw the present petition with a liberty to filed criminal appeal challenging the impugned order.” 2. Perused the entire record and the memo. 3. Learned counsel for the petitioner submits that due to oversight, this petition has been filed under Section 439 of Cr.P.C instead of filing criminal appeal under Section 14A (2) of the Scheduled Castes and the - 3 - HC-KAR NC: 2025:KHC-D:8340 CRL.P No. 102559 of 2025 Scheduled Tribes (Prevention of Atrocities) Act, 1989 and hence, it may be converted from criminal petition to criminal appeal. In view of the memo and supporting submission, the petition is dismissed as withdrawn. However, liberty as sought for is granted to the petitioner. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 2 Sl No.: 1