Karnataka High Court
Masthi Kumara @ Masthi vs State By Kargal Police on 7 June, 2023
Bench: K.Somashekar, Rajesh Rai K
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CRL.A No. 464 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
CRIMINAL APPEAL NO. 464 OF 2017
BETWEEN:
MASTHI KUMARA @ MASTHI,
@ MASTHI KUMAR @ MAHESH,
S/O CHIKKAIH,
AGED ABOUT 32 YEARS,
OCCUPATION PHOTOGRAPHER,
R/O KULLURU VILLAGE,
KARGAL POST,
SAGAR TALUK SHIMOGA DISTRICT- 577 420,
NOW AT CENTRAL JAIL SHIMOGA
FROM 18-2-2017.
...APPELLANT
Digitally signed
by VINUTHA M
Location: HIGH (BY SRI. N.S. SAMPANGI RAMAIAH, AMICUS CURIAE)
COURT OF
KARNATAKA
AND:
STATE BY KARGAL POLICE,
KARGAL POST,
SAGAR TALUK, SHIMOGA DISTRICT- 577 420.
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
PRINCIPAL BENCH
HIGH COURT OF KARNATAKA
BANGALORE- 560 001.
...RESPONDENT
(BY SRI. VIJAYAKUMAR MAJAGE, ADL. SPP)
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CRL.A No. 464 of 2017
THIS CRL.A. IS FILED U/S.374(2) OF CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION
DATED 16.02.2017 AND SENTENCE ORDER DATED 18.02.2017
PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS
JUDGE, SHIVAMOGGA, SITTING AT SAGAR IN
S.C.NO.10018/2016 - CONVICTING THE APPELLANT/ACCUSED
FOR THE OFFENCE P/U/S 498(A) AND 302 OF IPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
K.SOMASHEKAR, J DELIVERED THE FOLLOWING:
JUDGMENT
Sri N.S.Sampangi Ramaiah, learned counsel for the
appellant, who is appointed as Amicus Curiae is present before
the Court physically.
2. Sri Ganapathi, learned counsel, who is on record
has issued NOC to the appellant/accused. Consequently,
Sri B.A.Ramesh Babu, learned counsel has come on record.
But for the absence of the counsel Sri B.A.Ramesh Babu, in this
appeal matter, the aforesaid counsel namely Sri N.S.Sampangi
Ramaiah was appointed as a Amicus Curiae.
3. Sri Ganapathi, learned counsel for the appellant and
so also the learned counsel, being appointed as Amicus Curiae,
who are present before this Court, submit that the appellant
CRL.A No. 464 of 2017
who is the convicted accused is no more. This submission made
by the learned counsel for the appellant and so also learned
Amicus Curia is placed on record.
4. Therefore, keeping in view Section 394 (2) of
Cr.P.C. when the appellant/accused is no more, it is deem it
appropriate to state that this appeal stands abated.
5. In the meanwhile, learned Additional SSP is
directed to secure the death certificate from the concerned
Police Authority for the purpose of reference.
6. Keeping in view the provisions of Section 394(2) of
Cr.P.C. relating to service of sentence and the fine amount, the
Authority is directed to proceed in accordance with law relating
to fine amount is concerned. Accordingly made an observation.
7. Insofar as the retainer fee relating to
Sri N.S.Sampangi Ramaiah who is appointed as Amicus Curiae
for assisting in this matter, the Karnataka State Legal Services
Committee is directed to pay the retainer fee at Rs.5,000/- as
the learned Amicus Curiae fairly submitted relating to
CRL.A No. 464 of 2017
the status of the appellant/accused herein that he is no
more. This assistance is also taken into consideration for
disposed of this appeal.
Sd/-
JUDGE
Sd/-
JUDGE
VM
