IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.1 OF 2016 BETWEEN:
1. MANIKANTA @ MANI S/O LATE SHANKAR AGED ABOUT 34 YEARS, RAJAMANZIL, 5TH CROSS, GOPAL GOWDA LAYOUT, SHIVAMOGGA-577201 2. NANJUNDA @ ANEKAL NANJUNDA S/O LATE GURUSWAMY AGED ABOUT 31 YEARS, R/A NO.211/9,M LINGARAJU LAYOUT, BEHIND MILK DAIRY, ANEKAL TOWN, BENGALURU RURAL-562106.
3. RAKESH @ JACKIE S/O MOHAN AGED ABOUT 30 YEARS, R/A NO.2, 12TH MAIN, VASANTH NAGAR, BENGALURU-560052.
4. NAGARAJU @ NAGA S/O JAYRAJ AGED ABOUT 27 YEARS, R/A NO.165, 1ST MAIN, 4TH CROSS, VINAYAK NAGAR, WILSON GARDEN, BENGALURU -560027.
5. MANJUNATH @ MANJA S/O SEETHAPPA AGED ABOUT 34 YEARS, R/O BEHIND BAJAJ SHOW ROOM, ANEKAL, BENGALURU RURAL-562106.
6. GOVINDARAJU S/O SHEKAR AGED ABOUT 31 YEARS, R/O NEAR AYAPPA TEMPLE, 3RD MAIN, HOSAPALYA ROAD, MANGAMANA PALYA, BENGALURU -560068.
7. VINAY KUMAR @ VINI S/O GANGADARAIAH AGED ABOUT 28 YEARS, R/A NO.294, 25TH BLOCK, K.S.R.P POLICE QUARTERS, KORAMANGALA, BENGALURU -560034.
8. RANJITH KUMAR @ RANJIT S/O ALBERT MANNARAJ AGED ABOUT 25 YEARS, R/A NO.387, 1ST MAIN, BHUVANESHWARI NAGAR, R.T. NAGAR POST, BENGALURU -560032.
9. SUNDER S/O MURUGA AGED ABOUT 28 YEARS, NO.243, 4TH CROSS, BAKSHI GARDEN, MYSURU ROAD, BENGALURU -560053.
10. KAPIL S/O JAYSHEELAN AGED ABOUT 26 YEARS, R/A 1ST MAIN, 6TH CROSS, BHUVANESHWARI NAGAR, R.T. NAGAR, BENGALURU -560032.
11. PRABHU @ KOTTIYAN S/O KESHAVAN AGED ABOUT 30 YEARS, No.30, 5TH CROSS, SONNANE HALLI, VIVEK NAGAR, BENGALURU -560047.
12. MADAN @ LAL S/O MADURAI MUTHU AGED ABOUT 32 YEARS, R/A NO.103, 3RD CROSS, SONNANE HALLI, VIVEK NAGAR, BENGALURU -560047.
13. JAMES S/O VIJAY RAJAN AGED ABOUT 24 YEARS, R/A NEAR SRINIVASAN’S HOUSE, SAREPALYA, THANISANDRA, NAGAVARA, BENGALURU -560045.
14. SHYAM PRAKASH S/O MOHANVEL AGED ABOUT 25 YEARS, R/A NO.13, 10TH CROSS, DOBBASPET, VASANTH NAGAR, BENGALURU -560052.
15. SIMON RAJ @ SIMON S/O ARUN PRAKASH, AGED ABOUT 27 YEARS, BALA HOUSE, 2ND CROSS, NEAR K.K. CRESCENT, GORIPALYA, BENGALURU -560026.
16. NIRMAL KUMAR @ NIRMAL S/O VENKATESH AGED ABOUT 30 YEARS, R/A NO.63, 1ST CROSS, SONNENAHALLI, VIVEKNAGAR, BENGALURU -560047.
17. SHABRINATH @ SHABRI S/O MANI AGED ABOUT 21 YEARS, R/O RAJEEV GANDHI NAGAR, BOMMANAHALLI, BENGALURU -560068.
18. GAGAN SHARMA @ GAGAN S/O SUKHDEV SHARMA AGED ABOUT 32 YEARS, R/A NO.34/3, 6TH CROSS, VASANTHA NAGAR, BENGALURU -560052.
19. VINAY @ SANDEEP S/O VISHKANTE GOWDA AGED ABOUT 24 YEARS, R/A 64, 6TH BLOCK, HUDCO POLICE QUARTERS, K.S.R.P. KORMANGALA, BENGALURU -560034.
20. TAMILVANAN S/O RAJA AGED ABOUT 30 YEARS, R/A NO.30, PIPELANE EJIPURA, BENGALURU -560047.
21. BALAMURGAN S/O LATE SHESHCHALAM AGED ABOUT 43 YEARS, R/A NO.137/8-2, 1ST CROSS, BEHIND ANJENAYA TEMPLE, MADIVALA, BENGALURU -560068.
(BY SRI. SYED SALMAN, ADVOCATE FOR SRI. YOUNOUS ALI KHAN, ADVOCATE) AND:
STATE BY MADIVALA P.S BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BENGALURU -560001.
(BY SRI. DIVAKAR MADDUR, HCGP) ...APPELLANTS ...RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 12 OF THE KARNATAKA CONTROL OF ORGANISED CRIME ACT, 2000 R/W SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED:22.12.2015 PASSED BY THE COURT OF PRL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN SPL.C.C.NO.196/2015 OF MADIVALA P.S. AND DISCHARGE THE PETITIONERS FROM THE ALLEGED OFFENCES UNDER SECTION 3 OF THE KARNATAKA CONTROL OF ORGANISED CRIME ACT, 2000.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the appellants files a memo seeking dismissal of this Criminal Appeal stating that the same has become infructuous.
2. Learned High Court Government Pleader submits his no objection to consider the memo and dismiss the Appeal.
3. In view of the memo and supporting submission, the Appeal stands dismissed as having become infructuous.
Sd/- JUDGE BMC