- 1 - HC-KAR NC: 2025:KHC:27967 CRL.A No. 2314 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL APPEAL NO. 2314 OF 2023 (C) BETWEEN: NANJUNDA SHIVARAJU S/O LATE CHINNASWAMY AGED ABOUT 52 YEARS, R/AT #238, NIMISHAMBA PRESS, CHAMMUNDI HILL ROAD, J.C NAGAR, MYSURU - 560 006 …APPELLANT (BY SRI. JAGADEESH C.M., ADVOCATE (ABSENT)) AND: STATE BY NAZARBAD POLICE STATION, MYSURU DISTRICT - 560 006 REPRESENTED BY STATE PUBLIC PROSECUTOR, BANGALORE - 560 001 …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.A IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 23.09.2023 AND SENTENCE DATED 04.10.2023, PASSED BY THE HONBLE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU IN S.C.NO.153/2015 FOR THE OFFENCE P/U/S.420 AND 435 OF IPC. THIS CRL.A, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27967 CRL.A No. 2314 of 2023 ORAL JUDGMENT Learned counsel for the appellant on record is absent. No representation. The order sheet dated 18.07.2025 reads as under. "Learned counsel for the appellant is absent. There is no representation. A memo is filed on behalf of the appellant seeking permission to withdraw the appeal as not pressed. The office has raised the objections that the learned counsel for the appellant who filed memo for withdrawal is not on record. The memo for withdrawal filed on behalf of the appellant reads as under: "The undersigned counsel for the appellant respectfully filed this memo for withdrawal seeking the leave of this Court to withdraw the petition as the conviction of the appellant is coming to an end in the next month and due to this appeal pending before this Court, the Prison Authority has instructed that the appellant will be released in the next month if he withdraws the case. In this regard, the memo may kindly be accepted and considered and case may be withdrawn on the aforesaid submission to meet the ends of justice." Since the learned counsel who signed the memo is not on record, I deem it appropriate to adjourn the matter - 3 - HC-KAR NC: 2025:KHC:27967 CRL.A No. 2314 of 2023 by one week to enable the learned counsel on record to appear before the Court. It is made clear that if none appears for the appellant on the next date of hearing, the appeal will be decided in his absence. List this matter on 23.07.2025. Inspite of that, there is no representation. It appears that the appellant is not interested in prosecuting the appeal. Hence, the criminal appeal is dismissed. In view of the dismissal of main appeal, pending IA No.1/2023 and IA No.1/2024 stands disposed off. Sd/- (M G UMA) JUDGE BH CT:VS List No.: 1 Sl No.: 10