Criminal appeal against conviction under Section 135 of the Electricity Act. The appellant had already completed his sentence and died during the pendency of the appeal; the court dismissed it as infructuous and abated.
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NC: 2024:KHC:28674 CRL.A No. 534 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
CRIMINAL APPEAL NO. 534 OF 2012 (C)
BETWEEN:
GANGADHARAIAH S/O CHANNEGOWDA AGED ABOUT 64 YEARS R/O ARJUNAHALLI VILLAGE KUNIGAL TALUK TUMKUR DIST
…APPELLANT
(BY SRI. KARTHIK YADAV U, ADVOCATE FOR SRI. S.K. VENKATA REDDY, ADVOCATE [PH])
AND:
STATE OF KARNATAKA BY BESCOM VIGILANCE SQUAD TUMKUR, TUMKUR DIST. REPT. BY PUBLIC PROSECUTOR
Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA
(BY SRI. M. DIVAKAR MADDUR, HCGP)
…RESPONDENT
THIS CRL.A. IS FILED U/S.374(2) PF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED:5.4.12 PASSED BY THE I ADDL.DISTRICT AND SJ, TUMKUR IN SPL.CASE NO.79/08CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S.135 OF ELECTRICITY ACT.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
NC: 2024:KHC:28674 CRL.A No. 534 of 2012
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR)
Learned counsel for the appellant Sri Karthik Yadav.U. for learned Sri S.K.Venkata Reddy, Advocate and learned Sri M.Divakarmaddur, HCGP are present.
appellant that, the appellant/accused had completed the period of sentence including default sentence in Central Jail, Parappana Agrahara, Bengaluru. To that effect, a Memo is filed before this Court on 26.02.2924 along with Release Certificate.
NC: 2024:KHC:28674 CRL.A No. 534 of 2012
Accordingly, the certificate was issued on the request of prisoner's wife Smt.Chikkananjamma on 18.01.2024.
submits that, in view of the undergoing sentence including default sentence by the appellant/accused, this appeal would not survive for consideration. The counsel for the appellant has filed a memo dated 29.09.2023 stating that, the appellant/accused died on 08.08.2020. Death Certificate issued by the Chief Registrar of Births and Deaths is also produced along with memo.
Sd/(RAMACHANDRA D. HUDDAR) JUDGE
PSJ, List No.: 1 Sl No.: 2
1 issue framed by the court
Whether the appeal survives after the appellant completed his sentence and subsequently died pending appeal.
2 provisions across 2 enactments
Gangadharaiah s/o Channegowda
State of Karnataka by BESCOM Vigilance Squad Tumkur, rep. by Public Prosecutor
Ramachandra D. Huddar
As recorded by the court registry
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