IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE H.P. SANDESH CRIMINAL APPEAL No.1024 OF 2017 BETWEEN:
Keshavamurthy, S/o Harish Kumar, Aged about 20 years, II P.U.C., Corporation College, R/at Magadi Road, 7th Cross, Kalyani Road, No.4/1, Bengaluru – 560 023. …Appellant (By Sri. Muzaffar Ahmed, Adv. – Absent) AND:
The State of Karnataka, Nonavinakere Police, Tumkur District, Rep. by Special Public Prosecutor, High Court Complex Building, Bengaluru – 560 001. ...Respondent (By Sri. K. Nageshwarappa, HCGP) This Criminal Appeal is filed under Section 374 (2) of Cr.P.C. praying to set aside the judgment and order dated 15.07.2013 passed by the V Additional District and S.J., Tiptur, in S.C.No.55/2011 – convicting the appellant/accused No.4 for the offence P/U/S 395 R/W 397 of IPC and etc.
This Criminal Appeal coming on for Admission, this day, the Court delivered the following:-
J U D G M E N T This appeal is filed challenging the judgment of conviction and sentence dated 15.07.2013 passed in S.C.Nos.55/2011, 129/2011 and 315/2011 by the V Addl. District & Sessions Judge, Tiptur, for the offence punishable under Section 395 of IPC read with Section 397 of IPC and also the sentence.
2. Though this matter is listed for admission today, on perusal of the records, it discloses that this Court vide order dated 07.06.2019 directed the office to put up the records in Crl.A.No.737/2013 and Crl.A.No.764/2013 and accordingly, the respective files are put up before this Court.
3. On perusal of the judgment in Crl.A.No.737/2013 connected with Crl.A.No.764/2013, the appellant herein is 2nd appellant in Crl.A.No.737/2013 and the matter was heard on merits and appeal filed by the present appellant along with other appellants was dismissed.
4. In view of dismissal of Crl.A.No.737/2013 c/w Crl.A.No.764/2013 on merits, the question of considering this appeal does not arise.
5. The learned counsel appearing for the appellant inspite of listing the matter on 05.09.2019 and 04.11.2019, did not choose to appear before this Court and even today, there is no representation. As the matter has already been considered on merits and Crl.A.No.737/2013 c/w Crl.A.No.764/2013 has been dismissed, the second appeal is not maintainable.
Accordingly, the present appeal is dismissed.
Sd/- JUDGE MH/-