- 1 - HC-KAR NC: 2025:KHC:22746 CRL.A No. 1436 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1436 OF 2023 (A) BETWEEN: SRI.H.M MANJUNATH S/O LATE MARULA SIDDAPPA AGED ABOUT 41 YEARS R/AT NO 16, HEMAGIRI NILAYA 26TH MAIN ROAD, NANDINI LAYOUT BENGALURU - 560 096. …APPELLANT (BY SRI. MRUTHYUNJAYA S MATHAPATI, ADV.) AND: V.K. RAMALINGE GOWDA AGED ABOUT 51 YEARS R/AT NO 46, 4TH CROSS JAI MARUTHINAGAR NANDINI LAYOUT BENGALURU - 560 096. …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 31.05.2022 PASSED BY THE IV ADDL.SMALL CAUSES JUDGE AND A.C.M.M, BENGALURU IN C.C.NO.36892019 AND REMIT THE C.C.NO.3689/2019 TO THE TRIAL COURT FOR FRESH CONSIDERATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22746 CRL.A No. 1436 of 2023 ORAL JUDGMENT 1. Heard on I.A No.2/2023. 2. Perused the averments made in the affidavit along with accompanying application, being not satisfied, I.A No.2/2023 has to be rejected. More over, the learned counsel for the appellant submitted that the appeal may be disposed of as the respondent has died. He further submitted that he could not secure the death certificate inspite of several attempts were made to approach the parties. 3. Having considered the facts and circumstances of the case, I am of the considered opinion that I.A No.2/2023 deserves to be rejected. Ordered accordingly. 4. In view of disposal of delay application, the appeal does not survive for consideration and other pending applications stands disposed of accordingly. Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 27