K N Puttaswamy vs State Of Karnataka
2021 Latest Caselaw 5591 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 6TH DAY OF DECEMBER, 2021

                       BEFORE

     THE HON'BLE MR.JUSTICE K.SOMASHEKAR

        CRIMINAL APPEAL NO.1043 OF 2011

BETWEEN:
K.N. Puttaswamy
S/o Late K. Narasegowda
Age: 25 years
Agriculturist
R/at Koppa, Kasaba Hobli
Gubbi Taluk
Tumkur District.
                                            ...Appellant

(By Sri. D. Jayanth Rao Shinde - Advocate for
    Sri. M.S. Rajendra Prasad - Sr. Counsel)

AND:
State of Karnataka
By Gubbi Police
Tumkur District.
                                          ...Respondent
(By Sri. Rahul Rai .K - HCGP )

      This Criminal Appeal filed under Sec.374(2) of
Criminal Procedure Code, by the Advocate for the
appellant praying to set aside the judgment dated
04.10.2011 passed in S.C.No.219/2009 on the file of
the I-Addl. District and Sessions Judge, Tumkur.
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      This criminal appeal coming on for hearing
through video conference this day, the court delivered
the following:

                      JUDGMENT

Learned counsel Sri.Jayanth Rao Shinde D for the

appellant is present before this Court physically and

represents learned Senior counsel Sri.M.S Rajendra

Prasad who is on record. Learned HCGP for the State is

present before this Court physically.

Counsel for the appellant submits that he got

some information that appellant namely Sri.K.N.

Puttaswamy S/o Late K. Narasegowda has died and

consequently to proceed further in accordance with law.

This submission made by the learned counsel is

placed on record and consequently, counsel for the

appellant is directed to file a memo with production of

death certificate of the appellant / accused to proceed

further in this matter.

However, when once the appellant / accused has

died there is no consequence of continuity of the

proceeding even this appeal has been preferred by the

appellant challenging the judgment of conviction

rendered for the offences punishable under Section 420

of IPC. But when the accused is no more as the

appellant before this Court, it is deemed appropriate to

refer provision of 394(2) of Cr.P.C and consequence

upon death of the appellant / accused that the appeal

shall stand abated. Ordered accordingly.

However, counsel for the appellant is directed to

file a memo with production of death certificate of the

appellant for the purpose of reference.

Accordingly the appeal is disposed of.

Sd/-

JUDGE

RJ