IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR.JUSTICE K. N. PHANEENDRA AND THE HON’BLE MR.JUSTICE K. NATARAJAN CRIMINAL APPEAL No.1016/2015 (C) BETWEEN RANGASWAMY S/O MAYIGOWDA AGED ABOUT 58 YEARS R/O HEBBALU JANATHA EXTENSION – 571 602 K.R.NAGAR TALUKA ... APPELLANT (BY SRI. JAGADISH S. HALASHETTI, ADV.) AND STATE OF KARNATAKA BY K.R.NAGAR POLICE STATION – 571 617 NOW REP. BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUIDLING BENGALURU – 560 002 ... RESPONDENT (BY SRI.H. S. CHANDAMOULI, SPP-I) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 28.10.2014 AND 30.10.2014 PASSED BY THE V ADDL. S.J., MYSURU IN S.C.NO.209/2012, CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, K.N.PHANEENDRA J., DELIVERED THE FOLLOWING:
JUDGMENT Perused the letter dated 01.02.2019 received from the Superintendent of Central Prison, Mysuru, reporting the death of the appellant/accused–Rangaswamy, son of Mayigowda, on 18.08.2017. The learned SPP has no objection to pass any appropriate order in this regard.
In view of the death of the appellant/accused, this appeal does not survive for consideration on merits. Therefore, recording the information received from the Superintendent of Central Prison, Mysuru, about the death of the appellant/accused, the appeal is abated.
Sd/- JUDGE Sd/- JUDGE KGR*