The State Of Karnataka vs Olwyn D Souza
2025 Latest Caselaw 102 Kant

Karnataka High Court

The State Of Karnataka vs Olwyn D Souza on 1 April, 2025

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                            -1-
                                                        NC: 2025:KHC:13523
                                                   CRL.A No. 1107 of 2019




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 1ST DAY OF APRIL, 2025

                                          BEFORE

                          THE HON'BLE MR JUSTICE H.P.SANDESH

                              CRIMINAL APPEAL NO.1107 OF 2019

                   BETWEEN:

                   THE STATE OF KARNATAKA
                   BY THE CIRCLE INSPECTOR OF POLICE
                   TRAFFIC CIRCLE, KADRI HILLS
                   MANGALORE, D.K
                   REP BY STATE PUBLIC PROSECUTOR,
                   BANGALORE-01.
                                                             ...APPELLANT
                   (BY SMT. RASHMI JADHAV, ADDL. SPP)
                   AND:

                   OLWYN D SOUZA
Digitally signed   S/O LEO D SOUZA,
by DEVIKA M        R/AT ANEKERE HOUSE,
Location: HIGH     KURIYALA,
COURT OF
KARNATAKA          BANTWALA TALUK-574211
                                                           ...RESPONDENT

                   (SERVICE OF NOTICE TO RESPONDENT
                    IS H/S V/O DT.07.11.2024)


                        THIS CRL.A. IS FILED U/S.378(1) AND (3) CR.P.C
                   PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
                   ACQUITTAL     DATED     05.03.2019    PASSED     IN
                   CRL.A.NO.104/2011 BY THE II ADDITIONAL DISTRICT
                             -2-
                                        NC: 2025:KHC:13523
                                    CRL.A No. 1107 of 2019




AND   SESSIONS   JUDGE,           DAKSHINA      KANNADA,
MANGALORE AND ETC.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH


                      ORAL ORDER

The police have filed the report along with the death

certificate of the respondent stating that the respondent

passed away on 29.12.2020 and Additional SPP also

confirms the same as directed by this Court. This appeal

is filed by the State against the order of acquittal of the

respondent/accused for the offence punishable under

Sections 279, 338 and 304A of IPC. In view of death of

the respondent, the appeal is dismissed as abated.

Sd/-

(H.P.SANDESH) JUDGE

SN