The High Court of Karnataka disposed of Criminal Appeal No. 650 of 2016. The Court found that the appeal filed against the respondent-accused abated, holding dismissal under Section 394(2) of the Cr.P.C.
The criminal appeal against the respondent-accused stands dismissed as abated under Section 394(2) of Cr.P.C.
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.
CRL.A No. 650 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR. JUSTICE C.M. JOSHI
CRIMINAL APPEAL NO.650 OF 2016 (A)
BETWEEN:
STATE OF KARNATAKA BY YELAHANKA UPANAGAR POLICE STATION, BENGALURU - 560 064, REPRESENTED BY S.P.P., HIGH COURT BENGALURU.
…APPELLANT
Digitally (BY SRI ABHIJIT K.S., HCGP) signed by R HEMALATHA AND: Location: LOHITHKUMAR @ LOHITH High Court of Karnataka S/O B.K. VASUDEV, AGED ABOUT 31 YEARS, R/AT NO.8, PURUSHOTHAMA LAYOUT, NEAR SHAMARJAPURA, VIDYARANYAPURA POST, BANGALORE - 560 097.
…RESPONDENT
(BY SRI. T. SHIVAPPA, ADVOCATE)
CRL.A No. 650 of 2016
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1) AND (3) OF CR.P.C PRAYING TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 14.12.2015 PASSED BY THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-59), BENGALURU CITY IN S.C.NO.59/2013, THEREBY ACQUITTING THE RESPONDENTS/ACCUSED FOR AN OFFENCE PUNISHABLE UNDER SECTIONS 302 OF IPC; SET ASIDE THE AFORESAID JUDGMENT AND ORDER OF ACQUITTAL DATED 14.12.2015 PASSED BY THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-59), BENGALURU CITY IN S.C.NO.59/2013, THEREBY ACQUITTING THE RESPONDENTS/ACCUSED FOR AN OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC. c)CONVICT AND SENTENCE THE RESPONDENTS/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR, J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned HCGP appearing for the appellant-State is present before this Court physically.
record.
CRL.A No. 650 of 2016
stands dismissed as abated keeping in view of the provision under Section 394 (2) of Cr.P.C.
Sd/JUDGE
Sd/JUDGE
HR
2 issues framed by the court
Whether to allow a criminal appeal against an order of acquittal.
Whether the criminal appeal against the acquitted accused abated under Section 394(2) Cr.P.C.
3 provisions across 2 enactments
State of Karnataka
Lohithkumar @ Lohit
K. Somashekar
C.M. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
