State Of Karnataka vs Shri.Mahesh Iranna Kolaki
2024 Latest Caselaw 12258 Kant

Karnataka High Court

State Of Karnataka vs Shri.Mahesh Iranna Kolaki on 3 June, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

                                                -1-
                                                  NC: 2024:KHC-D:7297-DB
                                                      CRL.A No. 100178 of 2020




                              IN THE HIGH COURT OF KARNATAKA,

                                        DHARWAD BENCH

                            DATED THIS THE 3RD DAY OF JUNE, 2024

                                             PRESENT
                          THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                                                AND
                   THE HON'BLE MR JUSTICE T. G. SHIVASHANKARE GOWDA


                          CRIMINAL APPEAL NO. 100178 OF 2020 (A)

                   BETWEEN:

                   STATE OF KARNATAKA
                   REPRESENTED BY THE
                   CIRCLE POLICE INSPEPCTOR,
                   SHAHAPUR POLICE STATION, BELAGAVI,
                   THROUGH THE ADDL.
                   STATE PUBLIC PROSECUTOR,
                   ADVOCATE GENERAL OFFICE,
                   HIGH COURT OF KARNATAKA, DHARWAD BENCH.
                                                                   ...APPELLANT
                   (BY SRI. M.B. GUNDAWADE, ADLL.SPP., ADVOCATE)

Digitally signed
by GIRIJA A
BYAHATTI           AND:
Location: HIGH
COUIRT OF
KARNATAKA
                   1.   SHRI.MAHESH IRANNA KOLAKI
                        AGE: 37 YEARS, OCC: PRIVATE WORK,
                        R/O: RAJAWADA VADAGAVAI,
                        BELAGAVI.

                   2.   SHRI.IRANNA SHIVALINGAPPA KOLAKI
                        AGE: 65 YEARS, OCC: PRIVATE SERVICE,
                        R/O: RAJAWADA VADAGAVAI,
                        BELAGAVI.

                   3.   SMT.VIJAYA IRANNA KIOLAKI
                        AGE: 57 YEARS, OCC: HOUSEHOLD,
                        R/O: RAJAWADA VADAGAVAI,
                               -2-
                                NC: 2024:KHC-D:7297-DB
                                    CRL.A No. 100178 of 2020




    BELAGAVI-591307
                                                ...RESPONDENTS

(BY SRI. B.S. KUKANAGOUDAR, ADVOCATE FOR R1 AND R3;
R2 DEAD)

      THIS CRIMINAL APPEAL IS FILED U/S. 378 (1) (3) OF CR.P.C.,
PRAYING TO GRANT LEAVE TO APPEAL AND SET ASIDE AGAINST THE
JUDGMENT AND ORDER OF ACQUITTAL DATED 14/10/2019 PASSED
BY THE VI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN
S.C. NO.282/2014 AND TO CONVICT THE RESPONDENTS / ACCUSED
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 304(B),
316 R/W SECTION 34 OF IPC AND UNDER SECTION 3 4 OF DOWRY
PROHIBITION ACT. IN THE INTEREST OF JUSTICE AND EQUITY ETC,.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
MOHAMMAD NAWAZ, J., DELIVERED THE FOLLOWING:

                          JUDGMENT

This appeal is preferred against the judgment and

order dated 14.10.2019 passed by the Court of VI Addl.

Sessions Judge, Belagavi in S.C.No.282/2014, wherein

respondent Nos.1 to 3 are acquitted of the charged

offences punishable under Sections 498A, 304B, 316 read

with Section 34 of IPC and under Sections 3 and 4 of

Dowry Prohibition Act, 1961.

2. During the pendency of the appeal, respondent

No.2 died on 25.07.2020.

NC: 2024:KHC-D:7297-DB

3. Learned counsel appearing for respondent

Nos.1 and 3 Sri B.S. Kukanagoudar would submit that

even the said respondents have died. Death certificates

pertaining to the said respondents are furnished along

with a memo, as per which, respondent No.1 died on

10.02.2023 and respondent No.3 died on 13.02.2023.

4. This being an appeal preferred under Section

378 of Cr.P.C., against the judgment and order of acquittal

passed by the trial Court, in view of the death of

respondent Nos.1 to 3, the appeal stands abated in view of

Section 394(1) of Cr.P.C. Accordingly, the appeal is

dismissed as having been abated.

Sd/-

JUDGE

Sd/-

JUDGE NAA