- 1 - HC-KAR NC: 2026:KHC:15240-DB CRL.A No. 1208 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO. 1208 OF 2018 (A) BETWEEN: THE STATE OF KARNATAKA BY THE DEPUTY SUPERINTENDENT OF POLICE, C.I.D., BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-1. …APPELLANT (BY SRI. RAHUL RAI K., HCGP) AND: B.A. MACHAIAH S/O LATE APPAIAH, AGED ABOUT 81 YEARS, ADVOCATE, R/O PARANE VILLAGE, MADIKERI, KODAGU DISTRICT-571 201. …RESPONDENT (BY SRI. H. PAVAN CHANDRA SHETTY, ADVOCATE) THIS CRL.A. IS FILED U/S.378(1) AND (3) CR.P.C., PRAYING TO: (A) GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER DATED 26.12.2017 PASSED IN S.C.NO.47/1999 ON THE FILE OF THE COURT OF I ADDL. DISTRICT AND SESSIONS JUDGE, KODAGU AT MADIKERI INSOFAR AS IT RELATES TO ACQUITTING THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15240-DB CRL.A No. 1208 of 2018 RESPONDENT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 255, 256 R/W 34 IPC AND SECTIONS 467, 468, 472 AND 506(2) OF IPC; (B) SET ASIDE THE AFORESAID JUDGMENT AND ORDER DATED 26.12.2017 IN S.C.NO.47/1999 ON THE FILE OF THE COURT OF I ADDL. DISTRICT AND SESSIONS JUDGE, KODAGU AT MADIKERI INSOFAR AS IT RELATES TO ACQUITTING THE ACCUSED/RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 255, 256 R/W 34 IPC AND SECTIONS 467, 468, 472 AND 506(2) OF IPC; AND (C) CONVICT AND SENTENCE THE ACCUSED/RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 255, 256 R/W 34 IPC AND SECTIONS 467, 468, 472 AND 506(2) OF IPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ) This appeal is preferred by the State challenging the judgment and order dated 26.12.2017 passed in SC No.47/1999 by the Court of I Additional District and Sessions Judge, Kodagu at Madikeri, insofar as it relates to acquittal of respondent/accused No.2 for the offences punishable under Section 255, 256 r/w 34 of IPC and Section 467, 468, 472 and 506(2) of IPC. - 3 - HC-KAR NC: 2026:KHC:15240-DB CRL.A No. 1208 of 2018 2. The charge sheet was filed in CC No.24/1999 on the file of Chief Judicial Magistrate, Kodagu, Madikeri against accused Nos.1 and 2 for the offences punishable under Section 255, 256, 258, 259, 467, 468, 506, 420 r/w 34 of IPC. 3. The material on record reveals that accused No.1 who was in judicial custody in Mangaluru jail in another case, escaped during the intervening night of 25/26.06.1999. Hence, the case against the said accused was split up and a separate case in CC No.47/1999 was registered. The original case in CC No.24/1999 continued against accused No.2. Thereafter, as against accused No.2, the case was committed to the Court of Sessions and numbered as SC No.47/1999. 4. The Learned Sessions Judge vide impugned judgment convicted accused No.2 for the offences punishable under Section 258, 259 and 420 of IPC and acquitted him of the offences punishable under Section - 4 - HC-KAR NC: 2026:KHC:15240-DB CRL.A No. 1208 of 2018 255 and 256 r/w 34 of IPC and Section 467, 468, 472 and 506 (2) of IPC. 5. Insofar as the judgment of conviction, accused No.2 has preferred Crl.A No.57/2018, which is pending before this Court. 6. It is brought to the notice of the Court that respondent/accused No.2–B.A.Machaiah expired on 23.10.2024. The learned High Court Government Pleader has filed a memo along with copy of the death certificate. 7. Learned counsel Sri B.S.Sachin has filed IA No.1/2025 on behalf of one Smt.Jayasheela Gangadharan W/o T.V.Gangadharan to implead herself as respondent. Further, IA No.2/2025 is filed for release/return of the original release deed dated 19.11.1996, marked as MO.122 in this case. 8. It is submitted that the impleading applicant Smt.Jayasheela Gangadharan is the W/o PW108, namely T.V.Gangadharan and the document at MO.122 belongs to - 5 - HC-KAR NC: 2026:KHC:15240-DB CRL.A No. 1208 of 2018 her husband i.e. PW108 and therefore, she seeks to release the said document i.e., the original release deed. 9. Under Section 435 of the BNSS 2023 (Section 394 of Cr.P.C) every appeal under Section 418 of the BNSS 2023 (Section 377 of Cr.P.C.) and Section 419 of the BNSS 2023 (378 Cr.P.C) shall finally abate on the death of the accused. 10. This appeal is preferred by the State under Section 378 (1) & (3) of Cr.P.C., (Section 419 of BNSS). The sole respondent/accused No.2 has died. Hence, under Section 435 of the BNSS (394 of Cr.P.C), the appeal would abate. 11. Since, Crl.A No.57/2018 preferred by accused No.2 against his conviction and sentence passed by the trial Court is pending, wherein, certain fine has been imposed, the said appeal has to be heard on the question of fine. The impleading applicant is therefore at liberty to file necessary applications in Crl.A.No.57/ 2018. - 6 - HC-KAR NC: 2026:KHC:15240-DB CRL.A No. 1208 of 2018 12. From the material on the record, it is also seen that the split-up case against accused No.1 is pending. The learned Sessions Judge while passing the order on sentence against accused No.2 has made an observation that the said split-up case is not committed for trial to the Sessions Court and the orders regarding disposal of the material objects shall be made at the time of disposal of the said case. 13. In light of the above IA Nos.1 & 2/2025 are disposed of, however, with liberty to the impleading applicant to file such applications in Crl.A.No.57/2018. The instant appeal is dismissed as abated. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (VENKATESH NAIK T) JUDGE HB List No.: 1 Sl No.: 2