Basawaraj S/O Malkappa ... vs The State
2023 Latest Caselaw 4334 Kant

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                                                         NC: 2023:KHC-K:5270
                                                         CRL.A No. 200136 of 2017




                            IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

                                 DATED THIS THE 12TH DAY OF JULY, 2023

                                                BEFORE
                        THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
                              CRIMINAL APPEAL NO. 200136 OF 2017 (374-)
                       BETWEEN:

                       1.    BASAWARAJ S/O MALKAPPA NAGANNANAVAR
                             AGE: 56 YEARS OCC: PRESIDENT GRAMA
                             PANCHAYAT HEROOR(B), TQ & DIST: KALABURAGI,
                             R/O HEROOR(B) TQ: DIST: KALABURAGI

                                                                     ...APPELLANT
                       (BY SRI. AVINASH A UPLOANKAR,ADVOCATE)
                       AND:

                       1.    THE STATE
                             THROUGH LOKAYUTA POLICE STATION KALABURAGI
                             DIST: KALABURAGI, NOW REPRESENTED SPL PP
                             LOKAYUKTA HIGH COURT OF KARNATAKA AT
                             KALABURAGI BENCH

                                                                   ...RESPONDENT
Digitally signed by
                       (BY SRI. SUBHASH MALLAPUR,ADVOCATE)
LUCYGRACE
Location: HIGH COURT
OF KARNATAKA                THIS CRL.A. FILED U/S.374(2)OF CR.P.C BY THE
                       ADVOCATE FOR APPELLANT PRAYING THAT THIS HON'BLE
                       COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT
                       PASSED IN S.C.NO.09/2013 BY THE LEARNED PRINCIPAL
                       SESSIONS JUDGE KALABURAGI FOR CONVICTING THE
                       APPELLANT BY ITS JUDGMENT DATED 07.10.2017. THE
                       APPELLANT/ACCUSED     IS   SENTENCED     TO   UNDERGO
                       IMPRISONMENT FOR A PERIOD OF THREE (03)YEARS AND
                       SHALL PAY A FINE OF RS.3,000/- (RUPEES THREE THOUSAND
                       ONLY).IN DEFAULT OF PAYMENT OF FINE HE SHALL UNDERGO
                       FURTHER IMPRISONMENT FOR A PERIOD OF ONE (01)MONTH
                       FOR THE OFFENCES PUNISHABLE U/SEC.7 OF THE
                       PREVENTION OF CORRUPTION ACT. THE APPELLANT/ACCUSED
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                                       NC: 2023:KHC-K:5270
                                       CRL.A No. 200136 of 2017




IS SENTENCED TO UNDERGO IMPRISONMENT FOR A PERIOD
OF FOUR (04) YEARS AND SHALL PAY A FINE OF RS.5,000/-
(RUPEES FIVE THOUSAND ONLY) IN DEFAULT OF PAYMENT OF
FINE SHALL UNDERGO FURTHER IMPRISONMENT FOR A
PERIOD OF ONE (01)MONTH. FOR THE OFFECES PUNISHABLE
U/SEC.13(1)(d) AND    13(2) OF THE PREVENTION OF
CORRUPTION ACT.THE ABOVE SENTENCES SHALL RUN
CONCURRENTLY.THE APPELLANT/ACCUSED PRAYS THAT HE
MAY BE ACQUITED.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                          JUDGMENT

The learned counsel for the appellant has filed a memo stating that, the appellant is no more. In view of the same, the appeal is dismissed as abated.

Sd/-

JUDGE

BKM