- 1 - NC: 2025:KHC-D:119 CRL.A No. 100625 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100625 OF 2024 (A) BETWEEN: SRI. JAGADESH S/O. HANUMANTHAPPA KSHATRIYA AGE. 48 YEARS, OCC. KSHATRIYA MOBILES SHOP R/O. NEAR SANGAM TALKIES, OPPOSITE SBI BANK, HOSAYELLAPUR BRANCH TQ. DIST. DHARWAD. …APELLANT (BY SRI. SANTOSH B. MANE, ADVOCATE) AND: 1. SRI. BASAYYA S/O. MANOHAR HIREMATH AGE. 43 YEARS, OCC. BUSINESS, R/O. HUNISIKATTI VILLAGE, TQ. BAILHONGAL, NOW AT 2ND CROSS, SONAPUR, GULAGANJIKOPPA DHARWAD, TQ. DIST. DHARWAD. 2. SMT. SHANKARAMMA W/O. GURULINGAYYA HIREMATH, AGE. 50 YEARS, OCC. HOUSEWORK, R/O. ANAND M. WARGERI, SHANTHASHRI NILAYA HOUSE NO.127/A, 1ST CROSS, SANMATHI NAGAR, KELGERI ROAD, DHARWAD, TQ. DIST. DHARWAD. …RESPONDENTS THIS CRIMINAL APPEAL IS FILED U/S 378 (4) OF CR.P.C. (415 (4) OF BNSS), PRAYING TO CALL FOR THE RECORDS AND ALLOW THIS CRIMINAL APPEAL BY SETTING ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 05.04.2023 PASSED IN PCR NO.2/2021 PASSED BY THE II ADDL.CIVIL JUDGE AND JMFC-II DHARWAD, REGISTERED FOR THE OFFENCES PUNISHABLE U/S 120B, 379, 465, 420, 427, 468, 474, 481, 408 AND 411 R/W 34 OF IPC AND RESTORE THE FILE AND REMAND THE MATTER BACK TO TRAIL COURT AND CONVICT THE RESPONDENT. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.09 12:50:56 +0530 - 2 - NC: 2025:KHC-D:119 CRL.A No. 100625 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Learned counsel for the appellant files a memo seeking leave of the Court to withdraw the appeal reserving liberty to file a revision petition before the Sessions Court. 2. The submission is placed on record. 3. Appeal is dismissed as withdraw reserving liberty as sought for. 4. Office is directed to return the certified copies of documents, if any, to the learned counsel for the appellant after replacing the same with photo copies. 5. The time spent in prosecuting this appeal shall be excluded for the purpose of computing limitation period in filing the revision petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC List No.: 1 Sl No.: 18