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Sri S Karunagaran Vs State by — Corruption | Karnataka HC (2026)

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Karnataka HC
2026
Sri S Karunagaran Vs State bySri S Karunagaran v. State by

Disposed¶35

Sri S Karunagaran v. State by

Karnataka HC15 Apr 2026CRL.A/123/2012

Case brief

AI extract

What is this about?

Abatement of criminal appeal on reported death of sole appellant; NBW issued and returned unexecuted; CBI memo reporting appellant's death (son's telephonic intimation circa September 2021; sister's information of death in 2022/2023; no death certificate; hospital reply awaited); Karnataka High Court at Bengaluru, CRL.A No. 123 of 2012, NC: 2026:KHC:20590; M.G.S. Kamal J.; arises from conviction in Spl.(Corruption) Case No.143/2007 by XLVII Addl. C.C. & S.J./Special Judge for CBI Cases dated 16.12.2011; charges under Ss.120-B, 420, 468, 471 IPC and S.13(1)(d) r/w 13(2)/punishable under S.13(3) Prevention of Corruption Act; appeal filed under S.374(2) Cr.P.C.; oral judgment; no merits decided; no costs or quantum.

What did the court decide?

Appeal stands abated insofar as the appellant is concerned, on the report of his death; the unexecuted NBW was returned. Conviction under challenge left undecided on merits.

Why is it important?

On the memo filed by learned counsel for respondent-CBI and the counsel's report of the appellant's death, the criminal appeal stands abated insofar as the appellant is concerned; no adjudication on the merits of the conviction was made. ¶35

What the court decided

AI extract

Outcome

Appeal stands abated insofar as the appellant is concerned, on the report of his death; the unexecuted NBW was returned. Conviction under challenge left undecided on merits.

Issue for consideration

Whether the criminal appeal abates upon the reported death of the appellant during its pendency.

Ratio / Principle

On the memo filed by learned counsel for respondent-CBI and the counsel's report of the appellant's death, the criminal appeal stands abated insofar as the appellant is concerned; no adjudication on the merits of the conviction was made.

Detailed headnote1 paragraphs

Criminal Appeal No.123 of 2012 under S.374(2) Cr.P.C. by the appellant (Accused No.2) against his conviction by judgment and order dated 16.12.2011 of the XLVII Addl. City Civil & Sessions Judge and Special Judge for CBI Cases, Bengaluru, in Spl.(Corruption) Case No.143/2007 (offences under Sections 120-B, 420, 468 and 471 IPC and Section 13(1)(d) punishable under Section 13(3) of the Prevention of Corruption Act). At the hearing, learned counsel for respondent-CBI filed a memo dated 10.03.2025 reporting that the Non-Bailable Warrant issued against the appellant could not be executed: the appellant had abandoned his family; his son had received telephonic intimation of his death at Chennai around September 2021 without any death certificate; his sister informed that he died in 2022/2023; hospital particulars remained awaited. Counsel for the CBI thereupon reported the death of the appellant in Court. Held: the appeal stands abated insofar as the appellant is concerned.

A

1 -

NC: 2026:KHC:20590 CRL.A No. 123 of 2012

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

CRIMINAL APPEAL NO.123 OF 2012

BETWEEN:

SRI S. KARUNAGARAN AGED ABOUT 50 YEARS S/O. P. SUBRAMANI PRESENTLY RESIDING AT NO.52/1 HARMIT COLONY, OSBORNE ROAD BENGALURU …APPELLANT

(BY SRI R. NAGENDRA NAIK, ADVOCATE FOR SRI P. NEHRU, ADVOCATE FOR SURETY APPLICANT)

AND:

Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

STATE BY CENTRAL BUREAU OF INVESTIGATION GANGANAGAR BENGALURU

…RESPONDENT (BY SRI RAHUL KRISHNA REDDY, ADVOCATE FOR SRI P. PRASANNA KUMAR, ADVOCATE)

THIS CRIMINAL APPEAL IS FILED U/S.374(2) CR.P.C BY THE ADVOCATE FOR THE APPELLANT/ACCUSED NO.2 PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 16.12.2011 PASSED BY THE XLVII ADDL.C.C AND S.J., AND SPL.JUDGE FOR CBI CASES, BENGALURU IN SPL.(CORRUPTION) CASE NO.143/2007 CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 420, 468

2 -

NC: 2026:KHC:20590 CRL.A No. 123 of 2012

HC-KAR

AND 471 OF IPC AND SECTIONS 13(1)(d) PUNISHABLE UNDER SECTION 13(3) OF PREVENTION OF CORRUPTION ACT.

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

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

Memo dated 10.03.2025 filed by learned counsel for

respondent-CBI reads as under:

1. Whereas, Non-bailable Warrant (NBW) was issued by this Hon'ble High Court of Karnataka against Sri.S.Karunagaran, S/o P.Subramani, (Appellant), who is charged with offences punishable under Sections 120-B, 420, 468 and 471 of IPC and under Section 13(1)(d) r/w 13(2) of the P.C. Act, to arrest him and produce him before this Hon'ble Court on 10.03.2026 at 10.30 a.m.

2. Whereas, efforts were made to trace the warrantee Shri.S.Karunagaran, S/o P.Subramani. It is learnt that Shri.S.Karunagaran has expired before 3-4 years. Shri.S.K.Vinoth, son of Shri.Karunagaran and Smt.Padmavathy, wife of Shri.S.Karunagaran were contacted. They informed that Shri.Karunagaran had left his family long back and the son also informed that he had received a telephonic call during September 2021 regarding death of his father at Chennai but they have not procured any death certificate in this regard. Since Shri.Karunagaran had abandoned his family, they had no information about his whereabouts.

3. Whereas, further efforts were made at Chennai as per the information collected from his son and wife. It was informed by Mrs.Ragini, sister of Shri.Karunagaran that Shri.Karunagaran died in the year 2022/2023. Information have been sought from Hospital Superintendent, Govt., District Headquarter Hospital, Tambaram, Chennai regarding the details of death of Shri.Karunagaran and reply is awaited.

3 -

NC: 2026:KHC:20590 CRL.A No. 123 of 2012

HC-KAR

4) Therefore, the said NBW couldn't be executed and returned herewith in original.

Learned counsel for respondent-CBI reports the death

of the appellant.

In the light of the memo and submission of the learned counsel for respondent-CBI, appeal stands abated insofar as appellant is concerned.

SD/(M.G.S. KAMAL) JUDGE

SBN

List No.: 1 Sl No.: 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the criminal appeal abates upon the reported death of the appellant during its pendency.medium confidence¶35

Statutes considered

4 provisions across 3 enactments

AI extract

Code of Criminal Procedure (Cr.P.C.)374(2)¶16
Indian Penal Code (IPC)120-B, 420, 468, 471¶26
Prevention of Corruption Act13(1)(d) r/w 13(2)¶26 13(1)(d), 13(3)¶20

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and order dated 16.12.2011 of the XLVII Addl. C.C. & S.J. and Special Judge for CBI Cases, Bengaluru, in Spl.(Corruption) Case No.143/2007, convicting the appellant (Accused No.2) under Sections 120(B), 420, 468 and 471 IPC and Section 13(1)(d) punishable under Section 13(3) of the Prevention of Corruption Act.¶16
XLVII Addl. C.C and S.J., and Spl.Judge for CBI Cases, Bengaluru · 16.12.2011
Prior proceeding
Non-bailable warrant (NBW) issued by this Court against the appellant, directing his arrest and production before the Court.¶26
Prior proceeding
Memo dated 10.03.2025 filed by learned counsel for respondent-CBI, contents reproduced in the judgment.¶24
Prior proceeding
CBI memo reporting tracing efforts: the appellant had abandoned his family; his son received telephonic intimation of his death at Chennai around September 2021 but held no death certificate; his sister Mrs. Ragini informed that he died in 2022/2023; hospital particulars were awaited.¶27
Prior proceeding
NBW could not be executed and was returned unexecuted in original; learned counsel for respondent-CBI thereafter reported the death of the appellant in Court.¶32

Parties & counsel

AI extract

appellant
Sri S. Karunagaran, aged about 50 years, S/o. P. Subramani, presently residing at No.52/1 Harmit Colony, Osborne Road, Bengaluru (Appellant / Accused No.2)¶10
Sri R. Nagendra Naik, Sri P. Nehru
respondent
State by Central Bureau of Investigation, Ganganagar, Bengaluru¶14
Sri Rahul Krishna Reddy, Sri P. Prasanna Kumar

Coram

AI extract

M.G.S. Kamalauthor¶22

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 15 Apr 2026 · April
Registered: 24 Jan 2012
Case no.: CRL.A/123/2012
CNR: KAHC010133072012
Topic: Corruption
Bench: M.g.s. Kamal
Disposal: Abated
Case type: CRL.A.

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Cite this judgement

Sri S Karunagaran v. State by, CRL.A/123/2012 (KA), decided on 15 April 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

Code of Criminal Procedure (Cr.P.C.)374(2)
Indian Penal Code (IPC)120-B, 420, 468, 471
Prevention of Corruption Act13(1)(d) r/w 13(2) · 13(1)(d), 13(3)

View all statutes

Procedural history5

Judgment and order dated 16.12.2011 of the XLVII Addl. C.C. & S.J. and Special Judge for CBI Cases, Bengaluru, in Spl.(Corruption) Case No.143/2007, convicting the appellant (Accused No.2) under Sections 120(B), 420, 468 and 471 IPC and Section 13(1)(d) punishable under Section 13(3) of the Prevention of Corruption Act.XLVII Addl. C.C and S.J., and Spl.Judge for CBI Cases, Bengaluru · 16.12.2011
Non-bailable warrant (NBW) issued by this Court against the appellant, directing his arrest and production before the Court.
Memo dated 10.03.2025 filed by learned counsel for respondent-CBI, contents reproduced in the judgment.

View full history

Bench / Coram

M.G.S. Kamal

Parties & counsel