- 1 - HC-KAR NC: 2026:KHC:27939 CRL.P No. 3604 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 3604 OF 2019 BETWEEN: THE DISTRICT MANAGER THE KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LTD., D C OFFICE COMPOUND SHIVAMOGGA- 577 202. …PETITIONER (BY SRI G.B.NANDISH GOWDA, ADVOCATE FOR SRI. R B SADASIVAPPA, ADVOCATE) AND: SRI G S NAGARAJ S/O SRI GANAPATHI AGED ABOUT 58 YEARS PROPRIETOR SURAKSHA WEAR HOUSE OPP:AGRICULTURAL COLLEGE HOSTEL SAVALANGA ROAD SHIVAMOGGA - 577 202. …RESPONDENT (BY SRI BASAVARAJ S. SAPPANNAVAR, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.10.2018 PASSED BY THE COURT OF III ADDITIONAL SESSIONS JUDGE SHIVAMOGGA IN CRL.RP.NO.90/2018 BY CONFIRM BY DATED 24.08.2018 PASSED BY THE COURT OF II-JMFC, SHIVAMOGGA IN PCR.NO.46/2014 AND ETC., Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27939 CRL.P No. 3604 of 2019 THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 24.08.2014 passed by JMFC-II, Shivamogga in PCR no.46/2014, dismissing it for non- prosecution and order dated 30.10.2018 passed by III Additional District and Sessions Judge, Shivamogga, in Crl.RP.no.90/2018, confirming said order, this petition is filed. 2. Learned counsel for respondent has filed a memo reporting death of respondent-accused. On previous date of hearing, death of accused was orally reported. Besides even in Crl.P.no.3605/2019, wherein accused herein was one of accused, report of his death was accepted. 3. Though learned counsel for petitioner submits that death of respondent requires to be verified, same would not be necessary as death of accused has been accepted in similar petition and petitioner had opportunity to verify. 4. Besides Hon'ble Supreme Court in case of Delhi Race Club (1940) Ltd. & Ors. v. State of Uttar Pradesh & - 3 - HC-KAR NC: 2026:KHC:27939 CRL.P No. 3604 of 2019 Anr. reported in (2024) 10 SCC 690 as well as Arshad Neyaz Khan vs The State Of Jharkhand reported in 2025 INSC 1151, have held that allegations of offences under Sections 406 and 420 cannot co-exist and continuation of proceedings would not be tenable. Taking note of above, petition is dismissed. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 14