- 1 - HC-KAR CNR: KAHC010561272024 NC: 2026:KHC:54697 CRL.A No. 1761 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1761 OF 2024 (C) BETWEEN: 1. HARIKRISHNA S/O LATE VENKATASUBBAIAH AGED ABOUT 49 YEARS OCC: AGRICULTURIST R/O KALLIHAL, HOLEHONNUR BHADRAVATHI TQ SHIVAMOGGA DISTRICT-577 233. …APPELLANT (BY SRI. MANJUNATHA P.V., ADVOCATE [VC]) AND: 1. THE STATE OF KARNATAKA BY THE RURAL POLICE STATION BHADRAVATHI SHIVAMOGGA DISTRICT NOW REPRESENTED BY THE STATE P.P. HIGH COURT OF KARNATAKA BUILDING BENGALURU-560 001. …RESPONDENT (BY SRI.K.NAGESHWARAPPA, HCGP) THIS CRL.A. IS FILED U/S 374(2) CR.P.C. (FILED U/S 415(2) BNNS) PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE DATED 17.09.2024 MADE IN S.C.NO.5043/2021 PASSED BY THE 4TH ADDL.DISTRICT AND Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010561272024 NC: 2026:KHC:54697 CRL.A No. 1761 of 2024 SESSIONS JUDGE, SHIVAMOGGA (SITTING AT BHADRAVATHI) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 4 AND 5 OF THE EXPLOSIVE SUBSTANCES ACT, 1908, SECTIONS 4(1A) AND 21 OF MMRD ACT, 1957, SECTION 3(1), 42(1), 44(1) AND 44(2) OF KMMC RULES, 1994 AND ALSO UNDER SECTIONS 379, 420 AND 286 R/W SECTION 34 OF IPC IN SO FAR AS THE APPELLANT HEREIN (ACCUSED NO.4), BEING ARBITRARY, ERRONEUOUS AND OPPOSED TO LAW EQUITY AND JUSTICE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Learned counsel for the appellant is present. 2. The learned HCGP Sri.K.Nageshwarappa has filed a memo dated 25.09.2026, in which it is stated as under: "The Counsel for the Respondent-State in the above case is herewith producing the death certificate of late Harikrishna-Appellant herein reporting his death on 03.08.2026. In view of death of the Appellant, the above appeal does not survive for consideration as the appeal has become abated in view of his death. Hence, the death certificate may be taken on record and appeal may be dismissed as abated, in the interest of justice and equity." - 3 - HC-KAR CNR: KAHC010561272024 NC: 2026:KHC:54697 CRL.A No. 1761 of 2024 3. The copy of death certificate of the appellant is also produced. The appellant is accused no.4. 4. In view of the memo, the appeal filed by the appellant stands abated. Sd/- (G BASAVARAJA) JUDGE PGG List No.: 1 Sl No.: 23