- 1 - HC-KAR NC: 2026:KHC:10386 CRL.A No. 706 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 706 OF 2020 (C) BETWEEN: 1. DADAPEER @ DP S/O SUBHANSAB, AGED ABOUT 29 YEARS, R/O.S.P.S.NAGAR, DAVANAGERE 577002. (NOW IN JUDICIAL CUSTODY) …APPELLANT (BY SRI ASHWIN JOYSTON KUTINHA, ADVOCATE) AND: 1. THE STATE BY RURAL POLICE STATION DAVANAGERE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001 …RESPONDENT (BY SRI LAKSHMAN.B, ADVOCATE) THIS CRL.A IS FILED UNDER SECTION 374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 15.02.2020 AND ORDER OF SENTENCE DATED 17.02.2020, PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, AT DAVANAGERE IN S.C.No.186/2018, CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 363,342 AND 376 OF IPC AND SEC.6 OF POCSO ACT,2012. THIS APPEAL, COMING ON FOR ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10386 CRL.A No. 706 of 2020 ORAL JUDGMENT Sri Ashwin Joyston Kutinha, learned counsel has filed vakalath on behalf of the appellant. Same is placed on record. Memo of withdrawal is filed by the appellant’s counsel in which it is stated as under: “I, the undersigned Advocate do hereby declare that I have been duly instructed to withdraw the aforesaid APPEAL as the accused/appellant has been incarcerated for a period of 7.5 years and has obtained remission for 2 years, due to be released in the month of April 2026. 1 submit under instructions that the appellant is ready to undergo incarceration for the remainder period of custody and therefore withdraws this appeal.” 2. The imprisonment certificate is also produced. Perused the memo. Same is accepted. 3. Appellant is permitted to withdraw this case. Accordingly appeal is disposed of. 4. Registry is directed to send intimation to the concerned jail authorities. Sd/- (G BASAVARAJA) JUDGE MR, List No.: 1 Sl No.: 58