- 1 - HC-KAR NC: 2025:KHC-D:11252-DB CRL.A No. 100218 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA CRIMINAL APPEAL NO. 100218 OF 2019 (C) BETWEEN: NINGAPPA, S/O. BENNAPPA SHIRAGUPPI, AGE: 27 YEARS, OCC: LABOURER, R/O: VIJAYANAGAR BADAVANE, HAVERI. (NOW IN JUDICIAL CUSTODY). …APPELLANT (BY SRI. VIDYASHANKAR G.DALWAI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ITS P.S.I. OF RANEBENNUR TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. …RESPONDENT (BY SRI. M.B.GUNDAWADE, ADDL. SPP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CrPC PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 16/04/2019 SENTENCE ORDER DATED 20/04/2019 IN S.C.NO.06/2015 PASSED BY THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE AT: HAVERI (SITTING AT RANEBBENNUR) FOR AN OFFENCES PUNISHABLE UNDER SECTIONS 302, 120-B, 397 R/W SEC. 34 OF IPC AND ACQUIT THE APPELLANT/A4 FOR CHARGES LEVELED AGAINST HIM, IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.08 15:30:23 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11252-DB CRL.A No. 100218 of 2019 THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) On 28.03.2025, this Court passed the following Order: “Learned counsel for the appellant Sri. Vidyashankar G.Dalwai submits that appellant/accused No.4 is passed away. The registry is directed to secure the report as to the death of appellant/accused No.4 from the concerned jurisdictional police station. Learned Additional SPP is also directed to secure the report as to the death of appellant/accused No.4. Re-list these matters on 17.04.2025.” 2. As can be seen from the aforesaid order passed by this Court, the demise of the appellant/accused No.4 in Criminal Appeal No.100218/2019 was reported to this Court. In pursuance of the same, learned Additional State Public - 3 - HC-KAR NC: 2025:KHC-D:11252-DB CRL.A No. 100218 of 2019 Prosecutor has filed a memo enclosing a copy of Police Report and the Death Certificate which indicates that Sri. Ningappa, son of Bennappa Shiraguppi, accused No.4/appellant in Criminal Appeal No.100218/2019 expired on 16.03.2021 during the pendency of the present appeal. Accordingly, Criminal Appeal No.100218/2019 is dismissed as having abated. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS Ct:vh List No.: 1 Sl No.: 2