Karnataka High Court

CRL.A/811/2026 of PRASHANTH NAIK Vs THE STATE BY KUNDAPURA SUB DIVISION on 10 August 2026

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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,

HC-KAR

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

HC-KAR

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

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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:

HC-KAR

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 Accordingly, this criminal appeal stands dismissed as withdrawn as against accused No.2.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

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