IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF JANUARY 2019 BEFORE THE HON'BLE Mr. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.796 OF 2017 Between:
The State of Karnataka, By D.K. Mangaluru. …Petitioner (By Sri.S.Chandrashekaraiah, HCGP) And:
1. Ashoka, 33 Years, S/o Tharanatha.
2. Prashantha, 28 years, S/o Tharanatha.
3. Smt.Sharada, 55 years, W/o Tharanatha Gowda, Respondents 1 to 3 are R/o Valthaje House, Devachalla village, Sullia Taluk, D.K. – 574 239.
4. Smt. Geetha, Aged 40 years, W/o late Udaya Kumar, R/o Gudde House, Devachalla Village, Sullia Taluk – 574 239.
5. Hariyappa, Aged 40 years, S/o Hukrappa Gowda, R/o Kote, Mundugaru House, Kalenja Village, Sullia Taluk, D.K. District – 574 239. …Respondents This Criminal Petition is filed under Section 482 of Cr.P.C., praying to set aside the order passed by the Prl. Session Judge, D.K., Mangaluru dated 19.08.2016 in S.C.No.155/2012 and allow the application filed by the prosecution under Section 91 of Cr.P.C.
This Criminal Petition coming on for admission, this day, the Court made the following:-
ORDER This petition is filed by the State challenging the order dated 19.08.2016 passed by the Principal Sessions Judge, D.K, Mangaluru in S.C.No.155/2012.
2. Shri S.Chandrashekaraiah, learned HCGP for the State submits that after trial, Respondents Nos.1 to 5 (Accused Nos.1 to 5) in the criminal case have been acquitted. Under these circumstances, this petition has been rendered infructuous.
3. Submission of the learned HCGP is placed on record.
4. The petition is accordingly dismissed as having become infructuous.
No costs.
Sd/-
JUDGE bnv*