- 1 - HC-KAR NC: 2025:KHC:50177 CRL.A No. 633 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 633 OF 2013 BETWEEN: SRI. SHIVU @ SHIVAKUMAR AGED ABOUT 22 YEARS S/O LATE ASHOK KUMAR R/AT NITTUVALLI NEW EXTENSION 4TH CROSS, BEHIND CHAMUNDESHWARI TALKIES DAVANAGERE …APPELLANT (BY SRI.CHAKRAVARTHY T.S., ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.A. IS FILED U/S.374(2) OF CR.P.C BY THE ADVOCATE FOR THE APPELLANT/ACCUSED PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 06.06.2013 PASSED BY THE PRINCIPAL DISTRICT & S.J., DAVANAGERE IN S.C.NO.47/2012 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 376 AND 506 OF IPC. THE APPELLANT/ ACCUSED IS SENTENCED TO UNDERGO R.I. FOR 10 YEARS AND PAY FINE OF RS.30,000/-, IN DEFAULT TO PAY FINE, HE SHALL UNDERGO S.I. FOR FURTHER PERIOD OF 1 YEAR FOR THE OFFENCE P/U/S 376 OF IPC. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO S.I. FOR 6 MONTHS AND PAY FINE Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50177 CRL.A No. 633 of 2013 OF RS.1,000/-, IN DEFAULT TO PAY FINE, HE SHALL UNDERGO S.I. FOR 1 MONTH FOR THE OFFENCE P/U/S 506 OF IPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Sri Chakravarthy T.S., learned counsel has filed vakalath on behalf of the appellant. 2. Learned counsel for the appellant has filed an application under Section 70(2) of Code of Criminal Procedure. Imprisonment Certificate issued by the Superintendent, Central Prison, Ballari is also produced along with the said application, which reveals that the prisoner has completed the substance sentence of 10 years on 30.02.2021 including under trial period from 01.02.2012 to 03.12.2012 and remission earned 695 days as per the prison rules under the remission rule and was continued in prison for serving sentence imposed in default of payment of fine. The prisoner has paid Rs.31,000/- in the Court in Q. Receipt No.30/2020-2021 on 16.03.2021 and order received on 17.03.2021. The convict prisoner has been released - 3 - HC-KAR NC: 2025:KHC:50177 CRL.A No. 633 of 2013 from the prison on 17.03.2021 on expiry of sentence in S.C. No.47/2012. 3. In view of the certificate, the application is allowed. Accused shall be released forthwith. 4. Issue release order. 5. Learned counsel for the appellant has filed memo for withdrawal, which reads as under: "The undersigned counsel appearing for the Appellant respectfully submits that the Appellant was convicted in S.C.No.47/2012 by the Hon'ble Principal District and Sessions Judge, Davanagere, vide judgment dated 06.06.2013. He has completed the sentence and paid the fine amount, and was thereafter released. Subsequently, the Hon'ble Court issued an NBW against the accused through the Superintendent of Police, Davanagere, pursuant to which the police arrested the accused and produced him before the Trial Court. The appellant is now in judicial custody. In view of the above circumstances, the present appeal has become infructuous. Hence, the appellant may kindly be permitted to withdraw the above-captioned matter, in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:50177 CRL.A No. 633 of 2013 6. In view of the memo, appellant is permitted to withdraw the above appeal. 7. Accordingly, the Criminal Appeal is disposed of. Sd/- (G BASAVARAJA) JUDGE GVP List No.: 1 Sl No.: 2