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2025 DAILYLAW 24798 (KAR)

THE STATE OF KARNATAKA v. OLWYN D SOUZA

CRL.A/1107/2019 · 2025-04-01

H P Sandesh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:13523 CRL.A No. 1107 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.1107 OF 2019 BETWEEN: THE STATE OF KARNATAKA BY THE CIRCLE INSPECTOR OF POLICE TRAFFIC CIRCLE, KADRI HILLS MANGALORE, D.K REP BY STATE PUBLIC PROSECUTOR, BANGALORE-01. …APPELLANT (BY SMT. RASHMI JADHAV, ADDL. SPP) AND: OLWYN D SOUZA S/O LEO D SOUZA, R/AT ANEKERE HOUSE, KURIYALA, BANTWALA TALUK-574211 …RESPONDENT (SERVICE OF NOTICE TO RESPONDENT IS H/S V/O DT.07.11.2024) THIS CRL.A. IS FILED U/S.378(1) AND (3) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 05.03.2019 PASSED IN CRL.A.NO.104/2011 BY THE II ADDITIONAL DISTRICT Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13523 CRL.A No. 1107 of 2019 AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALORE AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL ORDER The police have filed the report along with the death certificate of the respondent stating that the respondent passed away on 29.12.2020 and Additional SPP also confirms the same as directed by this Court. This appeal is filed by the State against the order of acquittal of the respondent/accused for the offence punishable under Sections 279, 338 and 304A of IPC. In view of death of the respondent, the appeal is dismissed as abated. Sd/- (H.P.SANDESH) JUDGE SN