- 1 - HC-KAR CNR: KAHC010489362026 NC: 2026:KHC:38684-DB CRL.A No. 1235 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1235 OF 2026 (C) BETWEEN: 1. VASEEM AKRAM @ CHE UNGLI S/O BHASHIR AHAMAD AGED ABOUT 24 YEARS, PLUMBER, R/O OPP. KRISHNA BAKERY, TEMPO STAND DOWN ROAD, SHIVAMOGGA-577201 2. VASEEM AKRAM @ KALA VASIM @KALA VASEEM @ VASEEM, S/O KHALIM MULLA, AGED ABOUT 24 YEARS, LABOURER, R/O 2ND CROSS, BUDDANAGAR, SHIVAMOGGA-577201. …APPELLANTS (BY SRI. MAHESH KUMAR K.M., ADV. FOR SRI. VEERANNA G. TIGADI., ADV.) AND: STATE OF KARNATAKA BY DODDAPETE P.S., SHIVAMOGGA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE-560001 …RESPONDENT (BY SRI. RANJITH KUMAR N., HCGP.) Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010489362026 NC: 2026:KHC:38684-DB CRL.A No. 1235 of 2026 THIS CRL.A IS FILED U/S 374(2) CR.PC (FILED U/S 415(2) OF BNSS) PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER OF CONVICTION DATED 13.01.2025 AND ORDER OF SENTENCE DATED 16.01.2025 PASSED BY THE LD.II ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA IN SC NO.119/2022 FOR THE OFFENCES P/U/S 302 R/W 34 OF IPC REGISTERED BY THE DODDAPETE POLICE IN CRIME NO.140/2022 AND CONSEQUENTLY THE APPELLANT/ACCUSED NO.2 AND 3 MAY BE ACQUITTED FROM THE CHARGES LEVELLED AGAINST HIM. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE G BASAVARAJA) The learned counsel for appellants has filed a memo for withdrawal. Same reads as hereunder: "MEMO FOR WITHDRAWAL The undersigned counsel appearing for the Appellants in the above appeal submits as follows: It is submitted that, the Appellants are Accused No.2 & 3 who have been convicted by the II Additional District and Sessions Judge, Shivamogga in S.C.No.119/2022 dated 13.01.2025 & 16.01.2025 for the offences punishable under section 302 R/w 34 of IPC and Section 357(a)(3) R/w 149 of IPC. - 3 - HC-KAR CNR: KAHC010489362026 NC: 2026:KHC:38684-DB CRL.A No. 1235 of 2026 It is submitted that, Appellant No.1/Accused No.2 has already preferred an appeal before this Hon'ble Court in Criminal Appeal No.583/2025 dated 04.03.2025 along with Accused No.1 and same is pending for consideration. Meanwhile, Appellant No.2/Accused No.3 has already preferred an appeal before this Hon'ble Court in Criminal Appeal No.1255/2025 dated 11.06.2025 and same is pending for consideration. Since, both appellants/accused Nos.2 & 3 have already approached before this Hon'ble Court, the above appeal does not survive for consideration and therefore becomes infructuous. WHEREFORE, this Hon'ble Court may be pleased to permit the Appellants/Accused Nos.2 & 3 to withdraw the above appeal as not pressed and further be pleased to dismiss the above appeal in the interest of justice." Memo is taken on record. In view of the memo, appellants are permitted to withdraw this appeal as not pressed. - 4 - HC-KAR CNR: KAHC010489362026 NC: 2026:KHC:38684-DB CRL.A No. 1235 of 2026 Accordingly, the appeal is dismissed as withdrawn. All pending IAs, if any, shall stand disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 3