Bhimanagouda S/O.Gurupadappa ... vs The State Of Karnataka
2022 Latest Caselaw 2557 Kant

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            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

       DATED THIS THE 16 TH DAY OF FEBRUARY, 2022

                          BEFORE

        THE HON'BLE MR. JUSTICE V. SRISHANANDA

          CRIMINAL APPEAL NO.200134/2015


BETWEEN:

Bhimanagouda S/o. Gurupadappa Biradar,
Age: 52 years, Occ: FDA, Office of BEO,
Basavana-Bagewadi,
R/o. Garasangi Village,
Tq.: Muddebihal, Dist.: Vijaypur.
                                                ... Appellant

(By Sri R.S. Lagali, Advocate)

AND:

The State of Karnataka
Rep. by the PI.,
Vijaypur Lokayukta PS.
                                             ... Respondent

(By Sri Subhash Mallapur, Spl.PP)

       This Criminal appeal is filed under Section 374(2) of
Criminal Procedure Code praying to set-aside the judgment
of conviction dated 01.12.2015 passed by the Principal
Sessions Judge/Special Judge, Vijaypur in Special Case
(Lok) No.2/2013 & acquit the appellant in the interest of
justice.
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      This appeal coming on for Orders this day, the Court
delivered the following:

                         JUDGMENT

Learned counsel Sri R.S.Lagali files a memo. The copy

of the memo is served on the learned counsel Sri Subhash

Mallapur, Special Public Prosecutor for the respondent/

Lokayukta.

2. Memo reads as under :-

"Herein, the Advocate for the applicant most

respectfully submits as under :-

1. The Appellant in the present appeal had challenged the Judgment and Order of Conviction Dt.01.12.2015 passed by the Principal Sessions Judge/Special Judge, Vijayapura in Special Case (Corruption) No.2/2013.

2. During the pendency the Appellant passed away. The daughter of the Appellant had filed necessary applications seeking permission to prosecute the present appeal in order to wipe out the stigma of conviction upon her father.

3. The Applicant humbly prays that the pension and other service related benefits and also

the benefit of compassionate appointment may be provided to the Applicant who is the daughter of the Appellant.

4. The Applicant & the other legal heirs of the Appellant are ready to forego the fine amount (which was imposed upon him) deposited by the Appellant while challenging the impugned judgment and order of Conviction.

Therefore, it is humbly prayed that, the Hon'ble Court be pleased to dispose of the appeal by directing the concerned department to provide the pension and other service related benefits and also the benefit of compassionate appointment to the applicant in the interest of justice.

Hence, this memo."

3. Since the appellant is dead and the legal

representatives/dependants of accused do not wish to

continue the appeal on merits, provided the rights of the

dependants are not affected in seeking pensionery

benefits/compassionate appointment etc. Following the

dictum of the Hon'ble Apex Court in the case of Ramesan

(Dead) Through Legal Representative Girija A. vs.

State of Kerala reported in (2020) 3 SCC 45, the memo

is accepted.

4. Sri Subhash Mallapur submits that since the

appeal is not decided on merits and the dependants of the

accused have agreed to forego the fine amount already

deposited, the service benefits including the

compassionate appointment would be considered without

reference to the impugned judgment. Hence, the following:

ORDER

Appeal is disposed of in terms of the memo.

It is made clear that disposal of this appeal shall not

affect the rights of the dependants of the appellant in

seeking the pensionery benefits including compassionate

appointment.

Sd/-

JUDGE

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