Siddaraju vs State Of Karnataka
2024 Latest Caselaw 12049 Kant

Karnataka High Court

Siddaraju vs State Of Karnataka on 30 May, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                  -1-
                                                             NC: 2024:KHC:18275
                                                          CRL.A No. 639 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 30TH DAY OF MAY, 2024

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL No. 639 OF 2020
                      BETWEEN:

                          SIDDARAJU
                          S/O LATE SRI SIDDEGOWDA
                          AGED 60 YEARS
                          R/AT 492/G, 3RD CROSS
                          NORTH EAST OF N.R.MOHALLA
                          MYSURU CITY
                          PRESENTLY AT CENTRAL JAIL
                          MYSURU - 570 007.
Digitally signed by                                              ...APPELLANT
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
COURT OF
                      (BY SMT. JYNA KOTHARI, SENIOR COUNSEL FOR
KARNATAKA              SRI ROHAN KOTHARI, ADVOCATE)

                      AND:

                          STATE OF KARNATAKA
                          THROUGH MANDI POLICE STATION
                          MYSORE.
                          REPRESENTED BY SPP
                          HIGH COURT BUILDING
                          BENGALURU - 560 001.
                                                               ...RESPONDENT

                      (BY SRI B LAKSHMAN, HCGP)

                           THIS CRL.A IS FILED U/S.374(2) CR.P.C PRAYING TO SET
                      ASIDE THE IMPUGNED ORDER DATED 02.03.2020 AND
                      SENTENCE DATED 03.03.2020, PASSED BY THE VI
                      ADDITIONAL DISTRICT AND SPECIAL JUDGE, MYSURU IN
                      S.C.NO.35/2016, CONVICTING THE APPELLANT/ACCUSED FOR
                                -2-
                                           NC: 2024:KHC:18275
                                        CRL.A No. 639 of 2020




THE OFFENCE P/U/S 354A OF IPC AND U/S 9(c)(f)(I) R/W 10
OF POCSO ACT.

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

                         JUDGMENT

1. An application under Section 482 of Cr.P.C. is

filed by the learned counsel for the appellant to close the

appeal as having abated due to the death of the appellant

and pass orders directing that the deceased appellant's

wife Smt. Padmavati S., be given all the post-retirement

benefits, pensionary benefits and other monetary benefits.

Said application is enclosed with copy of the death

certificate of Sri. Siddaraju son of late Siddegowda. As per

the said death certificate, the date of death of appellant -

Sri. Siddaraju is 05.09.2023. Along with the said

application the representation of the wife of the appellant

made to the Deputy Director, Education Department,

Mysuru and copy of the endorsement on the said

representation is enclosed.

2. Heard learned Senior counsel for the appellant.

NC: 2024:KHC:18275

3. In view of death of the appellant the appeal

filed by the appellant challenging the judgment of

conviction and order of sentence abates. Accordingly,

appeal is dismissed as abated. It is made clear that

disposal of the appeal would not affect the rights of the

dependants of the appellant in seeking pensionary and

other benefits.

Sd/-

JUDGE

LRS