Dyamanagouda S/O Somanagouda Patil vs State Of Karnataka
2024 Latest Caselaw 6390 Kant

Karnataka High Court

Dyamanagouda S/O Somanagouda Patil vs State Of Karnataka on 4 March, 2024

                                                         -1-
                                                                NC: 2024:KHC-D:4813
                                                                CRL.A No. 100380 of 2017




                                IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                      DATED THIS THE 4TH DAY OF MARCH, 2024

                                                       BEFORE

                                        THE HON'BLE MR JUSTICE ANIL B KATTI

                                     CRIMINAL APPEAL NO. 100380 OF 2017 (A)

                             BETWEEN:

                             DYAMANAGOUDA S/O SOMANAGOUDA PATIL
                             AGED ABOUT: 45 YEARS, OCC: SENIOR AUDITOR
                             IN THE OFFICE OF SENIOR AUDITOR,
                             TQ: HIREKERUR, DIST: HAVERI
                                                                             ...APPELLANT

                             (BY SRI. ARAVIND D. KULKARNI, ADVOCATE)

                             AND:

                             STATE OF KARNATAKA,
                             THROUGH KARNATAKA LOKAYUKTA
                             POLICE, POLICE INSPECTOR,
                             KARNATAKA LOKAYUKTA, POLICE DIVISION,
                             HAVERI,
                             REP. BY SPECIAL PUBLIC PROSECUTOR,
                             HIGH COURT OF KARNATAK,
SAROJA                       DHARWAD.
HANGARAKI                                                                  ...RESPONDENT
Digitally signed by SAROJA
                             (BY SRI. SANTOSH B. MALAGOUDAR, SPL. PP)
HANGARAKI
Location: HIGH COURT OF
KARNATAKA,DHARWAD
BENCH
Date: 2024.03.05 16:36:52
                                   THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374 (2) OF
+0530
                             CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT DATED 15.11.2017
                             PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, AT
                             HAVERI IN SPL. SVC NO. 07/2012, THEREBY CONVICTING AND
                             SENTENCING THE APPELLANT FOR THE OFFENCES PUNISHABLE
                             UNDER SECTION 7 AND 13 (1)(D) R/W 13(2) OF THE PREVENTION
                             OF CORRUPTION ACT, CONSEQUENTLY ACQUIT THE APPELLANT
                             FROM THE ABOVE SAID OFFENCES.

                                  THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
                             COURT DELIVERED THE FOLLOWING:
                                  -2-
                                         NC: 2024:KHC-D:4813
                                         CRL.A No. 100380 of 2017




                         JUDGMENT

Sri.Aravind D Kulkarni, learned counsel for appellant

present.

2. Sri.Santosh B Malagoudar, learned Special

Public Prosecutor for respondent present.

3. Learned counsel for the appellant on

28.02.2024 had filed memo reporting the death of sole

appellant along with death extract. The notice of memo

and death extract given to learned Special Public

Prosecutor.

4. Heard both sides on the memo.

5. Perused the trial court records and the death

extract produced by the learned counsel for appellant. The

name of appellant/accused matches with the one found in

the records and the learned Special Public Prosecutor also

does not dispute regarding the death of appellant/accused.

NC: 2024:KHC-D:4813

6. Hence, the memo filed by the learned counsel

for appellant reporting the death of appellant/accused is

accepted.

7. In view of the death of appellant/accused, the

appeal against appellant/accused is ordered to be abated

in terms of Section 394 of Cr.P.C. and accordingly appeal

is disposed of.

Sd/-

JUDGE

SH CT:GSM