Mr. Hanumanthappa vs The State
2022 Latest Caselaw 9865 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 28TH DAY OF JUNE, 2022

                           BEFORE

       THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ

            CRIMINAL APPEAL No.794 OF 2016

BETWEEN:

MR. HANUMANTHAPPA,
AGED 77 YEARS,
S/O. LATE DHANAGARAPPA,
R/AT KURIKATTE HOUSE,
BAIKAMPADY, MEENAKALIYA,
MANGALURU.                                     ...   APPELLANT

[BY SRI. H. MALATESH, ADVOCATE]

AND:

THE STATE
THROUGH THE POLICE INSPECTOR,
PANAMBUR, MANGALURU,
(REPRESENTED BY
THE LEARNED STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU).                              ...     RESPONDENT

[BY SRI. KRISHNA KUMAR K.K., HCGP]

                            ***

     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)
OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT OF
CONVICTION DATED 09.03.2016 AND ORDER OF SENTENCE
DATED 11.03.2016 PUNISHED FOR THE OFFENCE UNDER SECTION
354 OF IPC AND SECTIONS 7 & 8 OF POSCO ACT, 2012, PASSED
BY THE COURT OF II ADDITIONAL DISTRICT AND SESSIONS
(SPECIAL) JUDGE, D.K., MANGALURU, IN SESSIONS CASE
NO.86/2014 ETC.
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     THIS CRIMINAL APPEAL COMING ON FOR FINAL HEARING
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                          JUDGMENT

The learned counsel for the appellant has filed a

Memo dated 17.04.2021 stating that the appellant has

expired on 07.08.2016. A copy of the Death Certificate of

the appellant is produced along with the Memo.

2. Since the sole appellant has died, the instant

appeal preferred under Section 374(2) of Cr.P.C. stands

abated by virtue of Section 394 of Cr.P.C.

Hence, the appeal is dismissed as abated.

The bail bond of the appellant stands cancelled.

SD/-

JUDGE

Ksm*