IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE G BASAVARAJA

CRIMINAL APPEAL NO. 158 OF 2013 (A)

BETWEEN:

BASAVARAJU K. N.

AGED ABOUT 56 YEARS S/O K N NAGE GOWDA

RESIDENT OF

KAMENAHALLI VILLAGE

K R NAGAR TALUK MYSORE DISTRICT

…APPELLANT

(BY SRI. NITHIN GOWDA K.C., ADV., AMICUS CURIAE

VIDE ORDER DT; 09/08/2023.)

AND:

1. STATE OF KARNATAKA

BY K. R. NAGAR POLICE STATION

2. SRI YASHWANTH S/O NAGARAJ

Digitally signed by

LAKSHMINARAYAN N AGED ABOUT 32 YEARS

Location: HIGH COURT

OF KARNATAKA

3. SRI RAJU @ PRASANNA

S/O K T SHANTHAPPA

AGED ABOUT 32 YEARS

4. SRI K T SHANTHAPPA

AGED ABOUT 62 YEARS

5. SRI K T KEMPARAJU

AGE: MAJOR,

RESIDENTS NOS. 02 TO 05 ARE THE RESIDENTS OF KAMENAHALLI VILLAGE K R NAGAR TALUK MYSORE DISTRICT.

…RESPONDENTS (BY KUM. ASMA KOUSER, ADDL SPP. FOR R1, SRI. PRAKASHA H.C., ADV. FOR R2-5.)

THIS CRL.A. IS FILED U/S. 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:25.6.12 PASSED BY THE P.O., FTC-III, MYSORE IN C.C.NO.08/10 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 323, 324 R/W 34 OF IPC.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

It is submitted by the learned Amicus Curiae Sri.Nithin Gowda.K.N, that in Crl.A. No.691/2012 dated 14.02.2025, this Court has observed in para number 18 that, appellant No.8 to 10 are deceased and other appellants are also suffering from age old ailments. The appellant No.8-K.N. Basavaraju is the appellant in this case.

2. The legal representatives of the appellant-

K.N.Basavaraju have not been brought on record till this day. Hence, appeal is dismissed as abated.

3. Since, the amicus curiae has produced the copy of the judgment in Crl.A No. 691/2012 dated 14.02.2025, this Court has noticed that the appellant-Basavaraju.K.N is deceased. This judgment is placed on record.

4. Registry is directed to pay an amount of Rs.5,000/- to the learned Amicus Curiae.

Sd/-

(G BASAVARAJA)

JUDGE KBM List No.: 1 Sl No.: 30