Disposed¶36

Yallappa Basappa Yalavagi @ Davanagere v. Vijendra S/O Srinivasrao Parvatikar

Karnataka HC19 Jun 2025CRL.A/100267/2017

Case brief

AI extract

What is this about?

Abatement of criminal appeal on death of sole appellant; memo filed by counsel accepted; CRL.A No. 100267 of 2017 (A); NC: 2025:KHC-D:7835; High Court of Karnataka, Dharwad Bench; Justice Rajesh Rai K; order dated 19-06-2025; appeal under Section 378(4) Cr.P.C. against dismissal of private complaint P.C. No. 4 of 2011 (Old No. 29 of 2004), Senior Civil Judge and JMFC Badami; acquittal under Sections 193, 196, 420, 465, 467, 468, 471, 474, 477-A IPC not examined on merits; respondent No. 5 (A.S. Venkateshwar Rao) shown as deceased in cause title.

What did the court decide?

Learned counsel for the appellant filed a memo recording the death of the sole appellant during pendency and the consequential abatement of the appeal. ¶33

Yallappa Basappa Yalavagi @ Davanagere Vs Vijendra S/O Srinivasrao Parvatikar — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:7835 CRL.A No. 100267 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE RAJESH RAI K

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CRIMINAL APPEAL NO. 100267 OF 2017 (A)

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BETWEEN:

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YALLAPPA BASAPPA YALAVAGI @ DAVANAGERE, AGED ABOUT 71 YEARS, OCC. MECHANIC, R/O. STATION ROAD, OPPOSITE KEB, BADAMI-587201, TQ. BADAMI, DIST. BAGALKOTE.

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…PETITIONER

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(BY SRI. M.M. PATIL, ADVOCATE)

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AND:

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YASHAVANT NARAYANKAR

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Digitally signed by YASHAVANT NARAYANKAR Date: 2025.06.20 12:07:45 +0530

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VIJENDRA S/O. SRINIVASRAO PARVATIKAR, AGED ABOUT 68 YEARS, OCC. RETIRED MANAGER, NOW R/O. NO. 21, PAYOBDI S.B.I. COLONY, NEAR POLICE HEAD QUARTERS, DHARWAD-580001.

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BASAVARAJ S/O. SHANKAR SUTAR, AGED ABOUT 65 YEARS, OCC. RETIRED DY. MANAGER, NOW R/O. ANNAPURNA 710/115, ANGOL ROAD, BELAGAVI, BELAGAVI-590007.

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SHIVAPPA S/O. SHIVALINGAPPA ARAKERI, AGED ABOUT 65 YEARS, OCC. RETIRED DY. MANAGER, NOW R/O. H.NO.369, II MAIN, I BLOCK, 3^RD STAGE, MANJUNALLI NAGAR, BENGALURU-560010.

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2 - NC: 2025:KHC-D:7835 CRL.A No. 100267 of 2017

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HC-KAR

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K. RAMESH S/O. RAGHINATHRAO, AGED ABOUT 62 YEARS, OCC. RETIRED MANAGER, NOW R/O. K.C. ROAD, NEAR ENNOBLE OFFICE, BALLARI-583101.

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A.S. VENKATESHWAR RAO AGED ABOUT 60 YEARS, OCC. RETIRED MANAGER, NOW R/O. 614, BLOCK I SKYLINE A P T S, CHANDRA LAYOUT, BENGALURU-560072.

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KRISHNA S/O. DATTATREYA KULKARNI, AGED ABOUT 58 YEARS, OCC. DY. MANAGER, NOW R/O. S.B.I., ZONAL OFFICE, HUBBALLI-580009.

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…RESPONDENTS

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(BY SRI. DINESH M. KULKARNI, ADVOCATE FOR R1 TO R4; SRI. P.S. PATTAR & SRI R.A. PUROHIT, ADVOCATE FOR R2; SRI. SURESH K. MITHARE, ADVOCATE FOR R3 & R6; R5 IS DECEASED)

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (4) OF CR.P.C., SEEKING TO SET ASIDE THE AFORESAID JUDGMENT AND ORDER OF DISMISSAL OF PRIVATE COMPLAINT PASSED BY THE SENIOR CIVIL JUDGE AND JMFC BADAMI, IN P.C. NO. 4 OF 2011 (OLD NO. 29 OF 2004), THEREBY ACQUITTING THE RESPONDENTS ACCUSED OF THE OFFENCE PUNISHABLE UNDER SECTIONS 193, 196, 420, 465, 467, 468, 471, 474, 477-A OF THE IPC BY ALLOWING THIS CRIMINAL APPEAL AND REMAND THE MATTER TO THE TRIAL COURT TO PROCEED IN THE MATTER BY SECURING THE ACCUSED BEFORE THE COURT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND TO CONVICT AND SENTENCE THE ACCUSED RESPONDENT FOR THE ABOVE SAID OFFENCES.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE RAJESH RAI K

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