IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B. PRABHAKARA SASTRY CRIMINAL APPEAL NO.143/2010 BETWEEN:
STATE BY LOKAYUKTHA POLICE, HASSAN. … APPELLANT (BY SRI B.S. PRASAD, ADVOCATE FOR SRI VENKATESH S. ARABATTI, ADVOCATE) AND:
RAMAKRISHNAIAH, S/O YALADI BORAIAH, AGED ABOUT 60 YEARS, RETD. CHIEF OFFICER, MUNICIPALITY, BIRURU, CHICKMAGALUR DISTRICT, R/O HOUSE NO.544, MYLARALINGESHWARA NILAYA, BANAVARA, HASSAN DISTRICT. … RESPONDENT (BY SMT. RASHMI JADHAV, ADVOCATE) **** THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1) AND (3) OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO GRANT LEAVE TO FILE AN APPEAL AGAINST THE JUDGEMENT AND ORDER OF ACQUITTAL DATED 15.06.2009 PASSSED BY THE PRINCIPAL SESSIONS JUDGE AND SPECIAL JUDGE, HASSAN, IN SPECIAL CASE NO.16/9999 ACQUITTING 2 Crl. A. No.143/2010 THE RESPONDENT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 13(1)(e) READ WITH SECTION 13(2) OF THE PREVENTION OF CORRUPTION ACT, 1988 AND SET ASIDE THE SAID JUDGMENT AND ORDER OF ACQUITTAL AND CONVICT AND SENTENCE THE RESPONDNET/ACCUSED FOR THE OFFENCES WITH WHICH HE HAS BEEN CHARGED.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the appellant submits that in view of the death of the respondent, the appeal filed by the appellant stands abated.
Learned counsel for the respondent - Accused has filed a memo dated 29.10.2018 reporting the death of the respondent – Accused on 2.10.2018.
In view of the death of the respondent, the appeal filed by the appellant – State stands abated.
Gss/-
Sd/- JUDGE