IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.893 OF 2010 C/W CRIMINAL APPEAL No.894 OF 2010 BETWEEN:
Sri. T.H.Aradhya S/o. Thippe Swamy, Aged about 51 years, Residing at:Obanayakanahalli, Kempalinganahalli Road, Nelamangala Taluk, Bengaluru Rural District. ...Appellant (common in both appeals) (By Sri.Diwakara Advocate) AND:
State of Karnataka Represented By BESCOM Vigilance Police, Hoskote. ...Respondent (Common in both appeals) (By Sri.B.G.Namitha Mahesh, HCGP) Criminal Appeal No.893/2010 is filed under Section 374(2) of Cr.P.C praying to set aside the judgment/order of conviction and sentence dated:27.07.2010 passed by the I Addl. S.J., Bengaluru Rural District, Bengaluru in Spl. Case No.100/2006 – convicting the appellant/accused for the offence punishable under section 135 of Electricity Act, 2003. The appellant/accused sentenced to undergo two years R.I. and also to pay fine of Rs.10,59,000/- (Rupees Ten Lakhs Fifty Nine Thousand only) and in the event of default to pay the fine, further he shall undergo R.I. for 6 months.
Criminal Appeal No.894/2010 is filed under Section 374(2) of Cr.P.C praying to set aside the judgment/order of conviction and sentence dated:27.07.2010 passed by the I Addl. District and S.J., and Special Judge, Bengaluru Rural District, Bengaluru in Spl. Case No.101/2006 – convicting the appellant/accused for the offence punishable under Section 135 of Electricity Act, 2003. The appellant/accused sentenced to undergo two years R.I. and also to pay fine of Rs.1,70,850/- (Rupees One Lakh Seventy Thousand Eight Hundred and Fifty only) and in the event of default to pay the fine, further he shall undergo R.I. for 6 months for the offence punishable under Section 135 of Electricity Act, 2003.
These Appeals coming on for Orders, this day, the Court made the following:
ORDER Called again in the afternoon. There is no representation in the matters.
2. The appellant has preferred both these appeals challenging his conviction by the trial Court for the offence punishable under Section 135 of the Electricity Act, 2003.
3. A perusal of the order sheet would go to show that on 02.07.2018, learned counsel for the appellant has made his submission that the appellant is no more. In order to enable him to file the certificate of death of the appellant, two weeks’ time was granted to him. However, till date, learned counsel for the appellant has not appeared in the matters nor produced the death certificate of the appellant.
4. In view of the same, considering the submission made by the learned counsel before this Court on 02.07.2018 that the appellant is no more, as such, due to the death of the appellant / accused, the appeals stand abated under Section 394(2) of the Criminal Procedure Code, 1973.
Sd/- JUDGE GH