Hanumanthu S/O. Thayappa vs The State Of Karnataka
2023 Latest Caselaw 2935 Kant

                                                 -1-
                                                          CRL.A No. 2819 of 2013




                                 IN THE HIGH COURT OF KARNATAKA

                                          DHARWAD BENCH

                               DATED THIS THE 6TH DAY OF JUNE, 2023

                                               BEFORE
                               THE HON'BLE MR JUSTICE ANIL B KATTI
                               CRIMINAL APPEAL NO. 2819 OF 2013 (C-)
                      BETWEEN:

                      SHRI HANUMANTHU S/O. THAYAPPA
                      AGE: 65 YRS, OCC: RETIRED DISTRICT SOCIAL
                      WELFARE OFFICER, BELLARY
                      R/O. HOUSE NO. L/184, NIJALINGAPPA COLONY,
                      RAICHUR

                                                                    ...APPELLANT

                      (BY SRI. A. G. WAJAPE, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA
                      THROUGH THE INSPECTOR OF POLICE, KARNATAKA
        Digitally     LOKAYUKTA (POLICE STATION) BELLARY
        signed by J
        MAMATHA       REPT BY; THE SPECIAL PUBLIC PROSECUTOR FOR
J
MAMATHA Date:         LOKAYUKTA DHARWAD
        2023.06.08
        13:15:06 -
        0700
                                                                   ...RESPONDENT

                      (BY SRI. ANIL KALE, ADVOCATE)

                            THIS CRIMINAL APPEAL IS FILED U/S 374(2) OF CR.P.C.
                      SEEKING TO SET ASIDE THE JUDGMENT OF CONVICTION &
                      SENTENCE      PASSED    ON    10.10.2013  &     23.10.2013
                      RESPECTIVELY PASSED AGAINST THE APPELLANT, VIDE
                      SPL. CASE NO.30/2007 BY THE PRINCIPAL SESSIONS JUDGE
                      & SPECIAL JUDGE, BELLARY, FOR THE OFFENCES P/U/S
                      13(1)(C) R/W SEC. 13(2) OF P.C. ACT. IS SENTENCED TO
                      UNDERGO R.I. FOR 1 YEAR & ALSO TO PAY FINE OF
                             -2-
                                      CRL.A No. 2819 of 2013




RS.5,000/- IN DEFAULT OF PAYMENT OF FINE HE SHALL
FURTHER SERVE SENTENCE OF S.I, FOR 1 MONTH.

     THIS CRIMINAL APPEAL, COMING ON FOR ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                        JUDGMENT

Learned counsel for the appellant called out absent.

This Court by order dated 06.07.2022 issued bailable

warrant against appellant. The bailable warrant is returned

unexecuted as appellant/accused No.2 Sri.Hanumanthu

S/o Thayappa is reported to be dead.

Perused the death extract along with report of

Mohammad Rafi Police Inspector Karnataka Lokayukta,

Ballari. Hence, in view of death of appellant/accused No.2,

the appeal against appellant/accused No.2 is ordered to be

abated in terms of Section 397 of Cr.P.C.

(Sd/-) JUDGE

AC