IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI Crl.P. No.4852/2018 BETWEEN:
Sri B M Vijay Kumar @ Doddappaiah, s/o Munishami aged about 37 years r/a Byarathnahalli village Tekal Hobli, Malur Taluk Kolar District – 563 130. … Petitioner (By Sri Vighneshwar S Shastri, Advocate) AND:
Smt.M Radha w/o B M Vijay Kumar d/o Nagarajappa aged about 29 years r/a Malliyappanahalli village Tekal Hobli, Malur Taluk Kolar District – 563 130. ... Respondent This petition is filed under Section 482 of Cr.PC praying to set aside the order dated 19.6.2018 passed on IA No.1/2018 in Crl.Rev.Petition No.44/2018 on the file of the Principal District and Sessions Judge at Kolar.
This petition is coming on for orders this day, the Court made the following:-
ORDER In the instant petition, petitioner has sought for the following relief:
“Set aside the order dated 19.06.2018 passed on IA No.1/2018 in Crl.Rev. Petition No.44/2018 on the file of Principal District and Sessions Judge at Kolar and this petition be allowed as prayed for, in the interest of justice and equity.”
2. During pendency of the present petition, sole respondent alleged to be the wife of petitioner died on 25.11.2018. Consequently the present petition abates.
3. Learned counsel for the petitioner submitted that as an interim measure, this Court on 29.10.2018 directed the petitioner to deposit a sum of Rs.2,00,000/- before the Court below. Accordingly, petitioner has deposited the said amount on 23.11.2018. Having regard to the later developments that sole respondent, Smt.Radha died on 25.11.2018, all the proceedings pending stand abated.
4. In view of the aforesaid development, petitioner is directed to make necessary application for withdrawal of Rs.2,00,000/- deposited on 23.11.2018 before the Principal Civil Judge and JMFC, Malur in CMC No.110/2009 after due identification.
In view of the above, I.A.No.1/2019 does not survive for consideration.
Sd/- JUDGE Bkm