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If accused is dead, fine can be collected from successors: K’taka HC

Bengaluru, Feb 2 (IANS) The Karnataka High Court in an important judgment stated that the fine can be collected from the property or from the successors who inherit from the accused even after his death.

The bench headed by Justice Shivashankar Amarannavar gave this order on Wednesday while looking into the petition by late Tottile Gowda from Hassan. He had submitted the petition when he was alive.

The bench stated that the petitioner will not get an exemption from accountability of paying fine as per the court order even in case of his death.

No family member has submitted the petition after the death of the petitioner to continue the case. The counsel for late Tottile Gowda submitted that legal heirs do not want to continue the petition. The successor of the property should have to pay the fine amount, the bench said.

The Additional Sessions Court of Hassan has imposed Rs 29,204 fine under the Sections 135, 138 of the Electricity Act, 2003 convicting petitioner late Tottile Gowda on December 12, 2011.

Tottile Gowda filed an appeal before the High Court and questioned the order of the lower court then. But, Tottile Gowda died while the petition was being heard in the High Court.

The High Court quashed the appeal petition in the backdrop of the death of petitioner. The court had also ordered to collect the fine amount from the property or from the successors of the property.