- 1 - HC-KAR NC: 2025:KHC-K:3453 CRL.A No. 200144 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL APPEAL NO. 200144 OF 2025 (U/S 14 (A)) BETWEEN: SRIMANT S/O GURU URF GURUNATH NATIKAR, AGE:35 YEARS, OCC: AGRICULTURE, R/O. KESARLAL TANDA NO.2, TQ. INDI, DIST. VIJAYAPURA …APPELLANT (BY SRI. SUBHASH MALLAPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH INDI POLICE STATION, REP. BY, THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585102. 2. ASHOK S/O RAVU RATHOD, AGE:45 YEARS, OCC: AGRICULTURE, R/O. KESARLAL TANDA NO. 2, TQ. INDI, DIST. VJIAYAPUR-586101. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1) Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3453 CRL.A No. 200144 of 2025 THIS CRL.A IS FILED U/SEC. 14-A (2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE II ADDL. DIST. AND SESSIONS JUDGE, VIJAYAPURA IN CRL.MISC PETITION NO. 278/2024 U/SEC. 439 CR.P.C WHICH CAME TO BE REJECTED ON 07-03-2024 AND CONSEQUENTLY BE PLEASED TO ALLOW THE ABOVE CRIMINAL APPEAL BY GRANTING BAIL AND TO RELEASE THE APPELLANT ON BAIL IN SPL.(AC) NO.16/2020 FOR AN OFFENCE U/S 341, 323, 504, 506 AND 302 R/W 34 OF IPC AND SECTION 3(1) (R)(S) OF THE SC/ST (PA) AMENDMENT ACT 2015, PENDING ON THE FILE OF THE II ADDL. DIST. AND SESSIONS JUDGE VIJAYAPURA IN SPL (AC) CASE NO.16/2020. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE V SRISHANANDA) 1. Heard Sri. Subhash Mallapur, learned counsel appearing for the appellant and learned High Court Government pleader for the respondent-State. 2. Office has raised an objection with regard to non- filing of certified copy of the FIR. It is noticed that, the accused/petitioner is facing trial in Special Case SC/ST No.16/2020. He applied for grant of bail in Crl. Misc. No.278/2024, wherein, the learned Special Judge, dismissed the same by order dated 07.03.2024. - 3 - HC-KAR NC: 2025:KHC-K:3453 CRL.A No. 200144 of 2025 3. Under the scheme of Section 14A of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as ‘the Act’) any order including the rejection of the bail would be an appealable order under Section 14A of the Act. Section 14A of the Act, reads as under: 14A. Appeals.— (1) Notwithstanding anything contained in the Code of Criminal Procedure,1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law. (2) Notwithstanding anything contained in sub- section (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail. (3) Notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from: - 4 - HC-KAR NC: 2025:KHC-K:3453 CRL.A No. 200144 of 2025 Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days: Provided further that no appeal shall be entertained after the expiry of the period of one hundred and eighty days. (4) Every appeal preferred under sub-section (1) shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal. 4. Sub-section 3 of Section 14A of the Act would make it clear that, notwithstanding anything contained in any other law for the time being in force, the appeal under Section 14A shall be preferred within a period of 90 days from the date of Judgment, sentence or order appealed from. 5. The second proviso to sub-section 3 of Section 14A of the Act, would make it clear that, after expiry of 180 days, no appeal is maintainable at all. 6. Therefore, even assuming that the office objections are to be cured, the present appeal having been - 5 - HC-KAR NC: 2025:KHC-K:3453 CRL.A No. 200144 of 2025 preferred questioning the validity of the order dated 07.03.2024 is not maintainable in view of second proviso to sub-section 3 of Section 14A of the Act. 7. Accordingly, the following order: ORDER (i) The appeal is not maintainable and hereby dismissed; (ii) However, this shall not come in the way of the appellant filing a fresh application before the trial Court and if any adverse orders are challenged the same, within a period of limitation as is prescribed under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. (iii) Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 9