Disposed

H P Vasantha v. B N Devaraju

Karnataka HC18 Sept 2024CRL.RP/966/2016

Case brief

AI extract

What is this about?

Revision petition against conviction and sentence abated on the petitioner's death during pendency, legal representatives not brought on record. Court disposed of the petition relying on Ramesan v State of Kerala, reserving liberty to the complainant to recover fine/compensation as ordered by the courts below.

What did the court decide?

Petition disposed of; respondent/complainant granted liberty to recover fine/compensation as ordered by trial court and affirmed on appeal, in the manner known to law.

H P Vasantha Vs B N Devaraju — Criminal Trial and Appeal | Karnataka HC (2024)

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1 - NC: 2024:KHC:38355 CRL.RP No. 966 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CRIMINAL REVISION PETITION NO. 966 OF 2016

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BETWEEN:

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H. P. VASANTHA W/O. LATE. SHIVSHANKAR, AGED ABOUT 56 YEARS, R/AT NO. 187, BEHIND LAND ARMY OFFICE, VIVEKANAGAR, HASSAN - 573 201.

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…PETITIONER

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(BY SRI. CHETHAN B., ADVOCATE)

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AND:

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B. N. DEVARAJU S/O. B. K. NINGEGOWDA, AGED ABOUT 59 YEARS, Digitally signed by ANJALI M R/O NO. 1033, 8^TH CROSS, Location: High SAMPIGE ROAD, K.R. PURAM, Court of HASSAN - 573 201. Karnataka

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…RESPONDENT

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(BY SRI. KAVITHA H C., ADVOCATE)

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THIS CRL.RP IS FILED U/S.397 AND 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 28.04.2016 IN CRL.A.NO.115/2015 PASSED BY THE V ADDL. DIST. AND S.J., HASSAN AND THE JUDGMENT OF CONVICTION DATED 10.07.2015 PASSED BY THE PRL. C.J. AND J.M.F.C., HASSAN IN C.C.NO.756/2012.

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2 - NC: 2024:KHC:38355 CRL.RP No. 966 of 2016

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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Learned counsel for petitioner and learned counsel for respondent are present.

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It is brought to the notice of the Court by

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learned counsel for petitioner as well as learned counsel for respondent that the petitioner died on 04.08.2022. The legal representatives of the petitioner have not been brought on record, despite the interim order passed by this Court suspending the sentence. It is stated that the same is not complied. Be that as it may, in view of the death of the petitioner/accused, legal representatives have not been brought on record, which is not within the knowledge of the counsel presently representing the erstwhile learned counsel for petitioner. The petition would have to be closed, reserving liberty to the respondent to recover the amount of fine/compensation in the manner known to law, as the petition would not abate in view of the judgment in

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NC: 2024:KHC:38355 CRL.RP No. 966 of 2016

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the case of Ramesan V/s State of Kerala reported in

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(2020) 3 SCC 45. Accordingly, I pass the following:

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ORDER

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i) The Criminal Revision Petition is disposed off.

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ii) Liberty is reserved to the respondent/complainant to initiate action for recovery of fine/compensation amount as ordered by the trial Court and affirmed by the appellate Court in the manner known to law.

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iii) Ordered accordingly.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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List No.: 1 Sl No.: 4

H P Vasantha v. B N Devaraju

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H P Vasantha v. B N Devaraju

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