IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.1035 OF 2014 BETWEEN:
H.K. Ashwath Rao Aged about 58 years C/o. T. L. Mohan Kumar R/o. Liberty Wear House No.649, 1st Stage, 2nd Block Hanumanthanagar Bangalore – 560050. …Petitioner (By Sri R. Gopal, Advocate) AND:
T. S. Sathyanarayana Rao Aged about 62 years S/o Shettoji Rao R/o Bhavani Stores C.N. Road Bhadravathi – 577301. …Respondent (By Sri M.R. Hiremathad, Advocate) This petition is filed under Section 397 r/w 401 Cr.P.C., by the Advocate for the petitioner praying that this Hon’ble Court may be pleased to set aside the judgment and order dated 09.10.2014 passed by the Court of the Presiding Officer, Fast Track Court at Bhadravathi in Crl.
A. No.13/2012 confirming the judgment and order dated 07.01.2012 passed by the Court of the 1st Additional Civil Judge and JMFC at Bhadravathi in C.C.No.4343/2004 and acquit the petitioner and etc.
This petition coming on for Orders, this day, the Court made the following:
ORDER Learned counsel for the respondent has filed application under Section 482 of Cr.P.C., along with Death Certificate of petitioner stating that the petitioner died on 23.02.2018.
2. The said application is placed on record.
3. Since, the petitioner-accused died on 23.02.2018, the case abates.
4. Learned counsel for the respondent is permitted to move appropriate application before the trial Court for seeking appropriate order for release of the amount in deposit. Thereafter, the trial Court to dispose the same in accordance with law.
In view of the abatement of the said case, I.A.Nos.1/2015 and 1/2018 do not survive for consideration and the same are dismissed.
Sd/- JUDGE SN