Smt Suma vs Chandrahasa R
2024 Latest Caselaw 6529 Kant

Karnataka High Court

Smt Suma vs Chandrahasa R on 5 March, 2024

Author: H.B.Prabhakara Sastry

Bench: H.B.Prabhakara Sastry

                                                  -1-
                                                            NC: 2024:KHC:9225-DB
                                                           CRL.A No. 137 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 5TH DAY OF MARCH, 2024

                                               PRESENT
                        THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                                                  AND
                           THE HON'BLE MR JUSTICE VENKATESH NAIK T

                                CRIMINAL APPEAL NO. 137 OF 2018 (A)
                   BETWEEN:

                         Smt Suma
                         W/o. Late Rajanna B,
                         aged about 34 years,
                         Vokkaliga, Attender,
                         Kesthur Town, Athangur Hobli,
                         Maddur Taluk, Mandya District,
                         PIN Code:571476.
                                                                     ...Appellant
                   (By Sri. Basavaraj R.Y. for
                   Sri. C.H. Hanumantharaya, Advocate)

Digitally signed
by BANGALORE
                   And:
MADHAVACHAR
VEENA
Location: High     1.    Chandrahasa R
Court of
Karnataka                S/o Late Ramesha,
                         Aged about 32 years,
                         Kesthur Gram Panchayath,
                         President,
                         R/o Basavalinganadoddi Village,
                         Athanguru Hobli,
                         Maddur Taluk,
                         Mandya District,
                         PIN Code:571476.

                   2.    The State Of Karnataka
                         By:Kesthur Police Station,
                               -2-
                                          NC: 2024:KHC:9225-DB
                                         CRL.A No. 137 of 2018




      Maddur Taluk,
      Mandya District,
      PIN Code:571 476.
                                                  ...Respondents
(By Sri. Shankarappa S., Advocate for R-1;
Sri. P. Thejesh, High Court Govt. Pleader for R-2)

                               ***

      This Criminal Appeal is filed under Section 372 of the
Code of Criminal Procedure, 1973, praying to call for the
records in S.C.No.102/2016 from the IV Additional District and
Sessions Judge, Mandya and further be pleased to set aside
judgment dated 18-9-2017 in S.C.No.102/2016 from the IV
Addl. District and Sessions Judge, Mandya and convict the
respondent No.1 for the offences punishable under Sections
354-A, 376 read with 511 IPC, in the interest of justice and
equity.

      This Criminal Appeal coming on for Final Hearing through
Physical     Hearing/Video       Conferencing    this      day,
VENKATESH      NAIK     T.   J.,   made     the  following    :


                          ORDER

Called again in the afternoon.

2. Learned counsels Sri.C.H. Hanumantharaya for

the appellant, Sri. S. Shankarappa for the respondent No.1

and learned High Court Government Pleader for

respondent No.2 are physically present in the Court.

NC: 2024:KHC:9225-DB

3. Learned counsel for the appellant has filed a

memo along with a copy of the Death Certificate of the

appellant by name Smt. Suma, who is said to have died on

20-04-2022 and submits that, in view of the death of the

sole appellant in the appeal, the present appeal be

dismissed as abated.

4. Learned counsels for the respondents who are

physically present submit their 'no objection' for

dismissing the appeal as abated.

5. In view of the memo and the supporting

submission of the learned counsel for the appellant and

the 'no objection' submission from the respondents' side,

the appeal stands abated.

Sd/-

JUDGE

Sd/-

JUDGE