- 1 - HC-KAR CNR: KAHC010032632019 NC: 2026:KHC:53512-DB CRL.A No. 189 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE R DEVDAS AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO CRIMINAL APPEAL NO. 189 OF 2019 BETWEEN: STATE OF KARNATAKA REPRESENTED BY THE CPI KUSHALNAGAR CIRCLE, KUSHALNAGAR KODAGU DISTRICT REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-01. …APPELLANT (BY SMT. RASHMI JADHAV., ADDL. SPP) AND: SRI. SHANTHAKUMAR G T @ SUJA S/O LATE THIMMAIAH , AGED 41 YEARS, BUSINESSMAN, R/O BALUGODU RASALPURA VILLAGE KUSHALNAGAR-571234. …RESPONDENT (BY SRI. PRATEEK CHANDRAMOULI., ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010032632019 NC: 2026:KHC:53512-DB CRL.A No. 189 of 2019 THIS CRL.A. IS FILED U/S. 378(1) AND (3) CR.P.C BY THE STATE P.P. FOR THE STATE PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO GRANT LEAVE TO FILE AN APPEAL AGAINST THE JUDGEMENT AND ORDER OF ACQUITTAL DATED 15.10.2018 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KODAGU, MADIKERI IN S.C.NO.88/2015, ACQUITTING THE RESPONDENT OF THE OFFENCE P/U/S 302 AND 201 OF IPC. THE SPP/STATE PRAYS THAT THE ABOVE ORDER OF ACQUITTAL MAY BE SET ASIDE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE R DEVDAS) On 07.09.2026, the following order was passed; “Learned counsel appearing for the sole respondent submits that the respondent is no more. However, it is submitted that the respondent was an orphan and he does not have any close relatives from whom the information to be verified by the learned counsel. Therefore, learned counsel submits that appellants may be directed to verify the said information. - 3 - HC-KAR CNR: KAHC010032632019 NC: 2026:KHC:53512-DB CRL.A No. 189 of 2019 Accordingly, re-list this matter on 28.092026 to enable the Circle Inspector of Police, Kushalnagara Crircle, to verify the factum of the death of the respondent and report to this Court. 2. Pursuant to the said orders, the Circle Inspector of Police, Kushalnagar, has made a communication dated 18.09.2026 along with the death certificate of the respondent. It is clear from the report and the death certificate that the sole respondent Shanthakumar.G.T died on 15.12.2022. 3. Accordingly, we proceed to dispose of the appeal as the appeal is abated in view of the death of the sole respondent. Sd/- (R DEVDAS) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE KLY CT: JL