The State appealed against the acquittal of the respondent accused for offences under Section 302 IPC. During the pendency of the appeal, the sole accused died. The High Court held that the appeal abates upon the death of the accused and dismissed the appeal as abated.
Appeal dismissed as abated due to death of the sole accused
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NC: 2026:KHC:51053-DB CRL.A No. 1401 of 2019
HC-KAR
CNR: KAHC010226122019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR. JUSTICE B.PRAMOD CRIMINAL APPEAL NO. 1401 OF 2019 (A)
BETWEEN:
STATE BY T.NARASIPURA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-1.
…APPELLANT
(BY SRI. RANGASWAMY R., HCGP)
AND:
Digitally signed by LAKSHMI T Location: High Court of Karnataka
RAVI S/O LATE RAJU, AGED 27 YEARS, BOODAHALLI VILLAGE, T.NARASIPURA TALUK-571 124.
…RESPONDENT
THIS CRL.A. IS FILED U/S.378(1) AND (3) CR.P.C., PRAYING TO: (A) GRANT LEAVE TO APPEAL AGAINST THE IMPUGNED JUDGMENT AND ORDER DATED 25.03.2019 PASSED IN S.C.NO.22/2014 ON THE FILE OF THE LEARNED I ADDL. SESSIONS JUDGE, MYSURU INSOFAR AS IT RELATES TO ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 302 OF I.P.C.; (B) SET ASIDE THE AFORESAID IMPUGNED JUDGMENT AND ORDER DATED
HC-KAR
CNR: KAHC010226122019
25.03.2019 PASSED IN S.C.NO.22/2014 ON THE FILE OF THE LEARNED I ADDL. SESSIONS JUDGE, MYSURU INSOFAR AS IT RELATES TO ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 302 OF I.P.C. AND (C) CONVICT AND SENTENCE THE ACCUSED/ RESPONDENT FOR THE SAID OFFENCES PUNISHABLE UNDER SECTION 302 OF I.P.C FOR WHICH HE HAS BEEN CHARGED.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE B.PRAMOD
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)
Non-bailable warrant was issued to the
respondent/accused on 02.09.2026. As per the police report dated 17.09.2026, the respondent-Ravi son of late Raju has expired. The report of the police inspector, T.Narsipura Police Station, Mysuru District, the Police sub-
inspector, DCRB, District Police Office, Mysuru District is placed on record.
NC: 2026:KHC:51053-DB CRL.A No. 1401 of 2019
HC-KAR
CNR: KAHC010226122019
judgment of acquittal. In view of the death of the sole accused/respondent, the appeal stands abated.
Accordingly, the appeal is dismissed as abated .
Sd/(MOHAMMAD NAWAZ) JUDGE
Sd/(B.PRAMOD) JUDGE
HB
List No.: 1 Sl No.: 5
1 issue framed by the court
Whether the State's appeal against the acquittal of the accused under Section 302 IPC survives the death of the sole accused during the pendency of the appeal
2 provisions across 2 enactments
State by T. Narasipura Police Station, Rep. by State Public Prosecutor
Ravi S/o Late Raju
Mohammad Nawaz
B. Pramod
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
