IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.1169 OF 2018 BETWEEN:
1. Manjunath M, S/o. Melagiriyappa, Aged about 55 years, R/at Bidarakere Village, Hiriyuru Taluk, Chitradurga District.
2. Harisha T S/o. Saati Thippanna, Aged about 25 years, R/at Kalamarahally Village, Challakere Taluk, Chitradurga District.
(By Miss Nandini, Advocate for Sri. L.Srinivasa Babu, Advocate) AND:
The State by Challekere Police Station, Chitradurga District – 573 201, Represented by State Public Prosecutor, High Court Building, ...Appellants Bengaluru. ...Respondent (By Sri. Divakara Maddur, HCGP) This Criminal Appeal is filed under Section 374(2) of Cr.P.C praying to set aside the judgment and order of conviction dated:05.05.2018, passed by the Principal District and Sessions Judge, at Chitradurga, in Spl.C.(MMRD) No.16/2017, convicting the appellant/accused No.2 and 3 for the offence punishable under Section 21(1) R/w 4(1A) of MMRD Act and Section 379 of IPC. The appellant/accused No.2 and 3 are shall undergo simple imprisonment for a period of one year under Section 21(1) R/w 4(1A) of MMRD Act and shall also pay fine of Rs.5,000/- each, in default to pay the fine amount, the accused Nos.2 and 3 shall further undergo simple imprisonment for a period of 30 days. Further, the appellant/accused Nos.2 and 3 shall undergo simple imprisonment for a period of 3 months for the offence punishable under Section 379 of IPC and the appellant/accused Nos.2 and 3 prays that they be acquitted.
This Appeal coming on for Orders, this day, the Court made the following:
ORDER Learned counsel for the appellants has filed a memo seeking withdrawal of this appeal.
2. No reasons are shown in the memo for withdrawal. Even at the query by the Court, learned counsel was unable to show any reasons for withdrawal. The process of filing the appeal and subsequently withdrawing it without any specific reason has resulted in the appellants taking the precious time of the Court for no purposes.
As such, the appeal is dismissed as not pressed, however, on a cost of `500/- (Rupees Five Hundred only) payable by the appellants to the High Court Legal Services Committee, Bengaluru, within a week from today and to file compliance memo along with receipt in the Registry, within ten days from today.
Sd/- JUDGE BMC