- 1 - NC: 2025:KHC:12537 CRL.A No. 641 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.641 OF 2012 BETWEEN: 1. B. GANGADHARACHAR, AGED ABOUT 37 YEARS, S/O BHADRACHAR, R/O ARIYURU VILLAGE, TUMAKURU TALUK AND DISTRICT. …APPELLANT (BY SRI. H.L.JAYARAMU, ADVOCATE - ABSENT) AND: 1. STATE OF KARNATAKA, BY TIPTUR TOWN P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE PASSED AGAINST THE APPELLANT ON 24.05.2012 IN S.C.NO.126/2010 BY THE PRESIDING OFFICER, FAST TRACK COURT, TIPTUR - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A AND 306 OF IPC. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12537 CRL.A No. 641 of 2012 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Perused the order sheet in S.C.No.126/2010, on the file of the V Additional District and Sessions Judge, Tiptur, with regard to the execution of non-bailable warrant against the appellant. 2. This Court vide order dated 09.01.2024 has observed that none appeared on behalf of the appellant on 06.10.2023 and 04.01.2024. The sentence has been suspended by this Court by order dated 02.07.2012 and the appellant is on bail. Inspite of the appellant being on bail, he has not made arrangements for arguing the matter. It appears that the appellant is not interested in prosecuting the appeal. Hence, this Court issued non-bailable warrant against the appellant through the Trial Court and directed the Trial Court to secure the presence of the appellant/accused to serve the sentence. 3. It was reported before the Trial Court that the accused is no more and the death certificate of the accused was placed on record and there was no endorsement by the Post Master that the same is true copy of the original. Hence, the same was doubted and the Trial Court, through the learned Public Prosecutor and Investigating Officer secured the brother - 3 - NC: 2025:KHC:12537 CRL.A No. 641 of 2012 of the accused Sri B.Ananth, who has been examined as C.W.1. Ex.P.1 and Ex.P.1(a) were marked i.e., attestation made on the copy of the death certificate by the Post Master. The Birth and Death Registrar was not secured and the Village Accountant gave the report stating that the earlier Village Accountant did not hand over the charge of the birth and death register pertaining to 2012 while giving the charge. The brother of the accused, who is also a witness to the mahazar, which has been drawn by the concerned police, appeared and made the statement that his brother died in the year 2012. Having recorded the statement, the Trial Court accepted the same and passed an order dated 30.01.2025 that case is abated on account of the death of the accused and the same is communicated to this Court. 4. Taking note of the same, the appeal is dismissed as abated. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 60