- 1 - HC-KAR CNR: KAHC010330132026 NC: 2026:KHC:42063 CRL.A No. 811 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 811 OF 2026 (C) BETWEEN: 1. PRASHANTH NAIK, S/O. BASAVA NAIK, AGED ABOUT 29 YEARS, R/AT HOUSE NO.2/11, MAIKALA, MACHATTU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT – 576 222. 2. SHARATH SHETTY, S/O. BHASKAR SHETTY, AGED ABOUT 35 YEARS, R/AT HOUSE NO.2/105, BALAGADDE, MACHATTU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT – 576 222. …APPELLANTS (BY SRI. SURESH H. S., ADVOCATE) Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010330132026 NC: 2026:KHC:42063 CRL.A No. 811 of 2026 AND: 1. THE STATE BY KUNDAPURA SUB DIVISION, UDUPI DISTRICT, REPTD. BY THE S.P.P., HIGH COURT OF KARNATAKA, BENGALURU – 560 001. …RESPONDENT (BY SRI. S. JAVEED., HCGP) ---- THIS CRL.A IS FILED U/S 374(2) CR.PC (FILED U/S 415(2) BNSS) BY THE ADVOCATE FOR THE APPELLANT/ ACCUSED NO.1 AND 2 PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 05.02.2026, PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 AT UDUPI, IN SPL.C.NO.67/2025, BY CONVICTING THE APPELLANT FOR THE OFFENCE P/U/S 75(1)(i), 75(2) R/W 3(5) OF BNS AND SEC.9(g), 9(1), 9(m) R/W 10 OF THE POCSO ACT AND SEC.3(1)(w-1), 3(2)(v-a) OF SC/ST (POA) ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010330132026 NC: 2026:KHC:42063 CRL.A No. 811 of 2026 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT 1. Learned counsel for the appellant has filed a memo dated 10.08.2026 seeking permission of this Court to withdraw the appeal as against accused No.2. The memo is accepted and taken on record. 2. Accordingly, this criminal appeal stands dismissed as withdrawn as against accused No.2. Sd/- (S RACHAIAH) JUDGE NM List No.: 1 Sl No.: 2