In an appeal against acquittal for corruption offenses, the High Court of Karnataka held that the appeal abates because the respondent/appellee was deceased at the time of hearing.
The criminal appeal abated due to the death of the respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL APPEAL NO.450 OF 2015
BETWEEN:
State of Karnataka By Lokayuktha Police, Bengaluru-560001.
…Appellant
(By Sri B.S.Prasad, Advocate) (Absent)
AND:
S.C.Krishnappa, S/o S.Chandrashekariah, Aged about 64 years, Senior Assistant Director of Fisheries, Bengaluru Rural District, Zilla Panchayath, Bengaluru(Now Retired), R/at No.18, Gangothri Extension, Maruti Temple Road, Mysuru-570001.
…Respondent
(By Sri M.J.Alva, Advocate)
This Criminal Appeal is filed under Section 378(1) and (3) Cr.P.C. praying to grant leave to appeal against the judgment and order of acquittal dated 27.11.2014 passed by the XXIII Additional City Civil and Sessions Judge and Special Judge Urban Division at Bengaluru in Spl.Case No.29/2009 thereby acquitting the respondent/accused for the offences p/u/s 7, 13(1)(d) read with 13(2) of the Prevention Corruption Act and etc.
:: 2 ::
This Criminal Appeal coming on for orders this day, the Court made the following:
ORDER
Appellant’s counsel is absent. Police report is that respondent is dead. Death certificate is enclosed. The appeal is against acquittal of the respondent for the offences under sections 7 and 13(1)(d) read with section 13(2) of the Prevention of Corruption Act. In this view, appeal abates.
Sd/JUDGE
ckl/-
1 issue framed by the court
Whether the criminal appeal against acquittal remains maintainable when the respondent (accused) is deceased.
3 provisions across 2 enactments
State of Karnataka
S.C.Krishnappa
Sreenivas Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
