Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Kar) 29191

THE HIGH COURT OF KARNATAKA
Mohammad Nawaz, G Basavaraja, JJ
Venugopala B C – Appellant
Versus
State of Karnataka – Respondent
CRL.A No. 933 of 2026

Advocates:
For the Appellants/Petitioners: Nagendra B
For the Respondents: Vijay Kumar Majage

An appellate court may allow an appellant to withdraw a redundant criminal appeal if a prior appeal challenging the same conviction and sentence has already been filed by the same party.

Headnote:The appellant filed an appeal against a conviction and sentence under Sections 302 and 498A of the IPC. During the proceedings, it was discovered that the appellant had already filed a prior appeal challenging the same judgment. In light of this development, the appellant sought leave to withdraw the current appeal. The court considered the maintainability of the appeal in light of the pre-existing criminal appeal before it. The primary issue was the appropriateness of parallel appeals against the same conviction. The appeal is dismissed as withdrawn, with liberty granted to the appellant to pursue the previously filed Criminal Appeal 459/2026.

Table of Content
1. withdrawal of redundant appeals to consolidate proceedings. (Para 1 , 2 , 3 , 4 , 5)

THIS CRL.A IS FILED U/S 374(2) CR.P.C (U/S 415(2) BNSS) PRAYING TO ALLOW THIS CRL.A BY SETTING ASIDE BY THE JUDGEMENT AND ORDER OF CONVICTION DTD 16.07.2025 AND SENTENCE DTD 23.07.2025 PASSED IN SC.NO.33/2022 BY THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, THEREBY CONVICTING THE APPELLANT U/S 302,498(A) OF IPC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

and

HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

1. The office has raised an objection regarding maintainability of the appeal, since the appellant has already preferred Crl.A No.459/2026, challenging the impugned judgment and order of conviction and sentence passed against him for the offences punishable under Section 498A and 302 IPC.

2. The learned counsel Sri.Nagendra B, has filed a memo for withdrawal of the appeal.

3. Memo is placed on record.

4. Appeal is dismissed as withdrawn, permitting the appellant to pursue Criminal Appeal No.459/2026.

5. In view of disposal of the appeal, pending IAs, if any, also stand disposed of.

Click Here to Read the rest of this document

2026 Supreme(Online)(Kar) 29191

THE HIGH COURT OF KARNATAKAMohammad Nawaz, G Basavaraja, JJVenugopala B C – AppellantVersusState of Karnataka – RespondentCRL.A No. 933 of 2026

An appellate court may allow an appellant to withdraw a redundant criminal appeal if a prior appeal challenging the same conviction and sentence has already been filed by the same party.

THE HIGH COURT OF KARNATAKA
Mohammad Nawaz, G Basavaraja, JJ
Venugopala B C – Appellant
Versus
State of Karnataka – Respondent
CRL.A No. 933 of 2026