The State Of Karnataka vs Appu Maliksa S/O Mainuddin Mulla
2025 Latest Caselaw 10491 Kant

Karnataka High Court

The State Of Karnataka vs Appu Maliksa S/O Mainuddin Mulla on 20 November, 2025

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                                   -1-
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                                                         CRL.A No. 200362 of 2024


                      HC-KAR




                                  IN THE HIGH COURT OF KARNATAKA

                                          KALABURAGI BENCH

                            DATED THIS THE 20TH DAY OF NOVEMBER, 2025

                                               PRESENT

                           THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                                  AND
                           THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY

                                CRIMINAL APPEAL NO.200362 OF 2024
                                       (378(Cr.PC)/419(BNSS))

                      BETWEEN:

                      THE STATE OF KARNATAKA,
                      THROUGH STATION HOUSE OFFICER,
                      CHADACHAN POLICE STATION,
                      VIJAYAPURA DISTRICT
                      REPRESENTED BY
                      ADDL. STATE PUBLIC PROSECUTOR.
                                                                     ...APPELLANT
Digitally signed by
BASALINGAPPA
SHIVARAJ
                      (BY SRI SIDDALING P.PATIL, ADDL. S.P.P.,)
DHUTTARGAON
Location: HIGH
COURT OF
KARNATAKA             AND:

                      1.    APPU MALIKSAB
                            S/O MAINUDDIN MULLA,
                            AGED ABOUT 24 YEARS,
                            OCC : KEB WORK
                            R/O: KATRAL, TQ: CHADACHAN,
                            DISTRICT : VIJAYAPURA - 586 205.

                      2.    PANDIT BANGARATALA
                            S/O KRISHNAPPA BANGARTALA,
                               -2-
                                          NC: 2025:KHC-K:7036-DB
                                      CRL.A No. 200362 of 2024


HC-KAR




   AGE: 50 YEARS, OCC: COOLIE,
   R/AT: SATALAGAON,
   TQ: CHADCHANA,
   DIST: VIJAYAPURA - 586 205.
                                                ...RESPONDENTS

(BY SRI R.S.LAGALI, ADVOCATE FOR R1;
SRI SHRAVANKUMAR MATH, AMICUS CURIAE FOR R2)

       THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378
(1) & (3) OF THE CODE OF CRIMINAL PROCEDURE (OLD) BNSS
UNDER SECTION 419 (1) AND (3) (NEW) PRAYING TO SET
ASIDE THE JUDGMENT AND ORDER DATED 16.08.2023 PASSED
BY THE ADDL. SESSIONS JUDGE FAST TRACK SPECIAL COURT-
I AT VIJAYAPURA IN SPL.C. (POCSO) CASE NO.37/2021,
THEREBY ACQUITTING THE ACCUSED/ RESPONDENT FOR THE
OFFENCES PUNISHABLE UNDER SECTION 341, 376(2), R/W
SECTION    34   OF   IPC,   1860    AND   SECTION    6   OF   THE
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT,
2012 (POCSO ACT 2012) AND SECTIONS 3(2)(V) OF THE
SCHEDULED       CASTES      AND     THE    SCHEDULED      TRIBES
(PREVENTION OF ATROCITIES) AMENDMENT ACT 2015. AND
ETC.


       THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
          AND
          HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
                               -3-
                                      NC: 2025:KHC-K:7036-DB
                                    CRL.A No. 200362 of 2024


HC-KAR




                         ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

Learned counsel for respondent No.1 has produced

the death certificate of respondent No.1 along with a

memo dated 18.11.2025 stating that accused died on

24.10.2025.

The same has not been disputed by the learned

Additional State Public Prosecutor for the appellant-State.

The memo is taken on record.

In view of death of accused, the appeal filed by the

State will not survive for consideration. Accordingly, the

appeal is dismissed as abated.

Sd/-

(H.T.NARENDRA PRASAD) JUDGE

Sd/-

(TYAGARAJA N. INAVALLY) JUDGE

VNR