- 1 - NC: 2025:KHC-D:6760 CRL.A No. 100259 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO.100259 OF 2025 BETWEEN: 1. SRI. PUNDALIK S/O. CHANNABASAPPA SOPAN, AGE: 50 YEARS, OCC: AGRICULTURE AND COOLIE, R/O: HIREHONNALLI VILLAGE, TQ: KALAGHATGI, DIST: DHARWAD – 580 114. 2. SMT. NAGAMMA S/O. NINGAPPA BELLIWALI, AGE: 55 YEARS, OCC: COOLIE, R/O: PERMANENT RESIDENT OF- GUNDENATTI VILLAGE, TQ: KHANAPUR, DIST: BELAGAVI, AT PRESENT AT - NINGAPPA BELLIWALI, R/O: DHUUMMAVAD VILLAGE, TQ: KALAGHATGI, DIST: DHARWAD – 580 114. …APPELLANTS (BY SRI. UDAYASHANKAR SHINDHE, ADVOCATE) AND: 1. THE STATE BY APP, HAVERI. 2. SMT. ASHWINI W/O. IRANNA BELLIWALI, AGE: 39 YEARS, OCC: KEB EMPLOYEE, R/O: PERMANENT RESIDENT OF- GUNDENATTI VILLAGE, TQ: KHANAPUR, DIST: BELAGAVI. (IN JUDICIAL CUSTODY AT HAVERI) …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 483 BNSS SEEKING THAT THE ORDER DATED 08.04.2025 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM HAVERI BE QUASHED BY ALLOWING THIS APPEAL CANCELLING THE CONDITION NO. 6. ANY OTHER RELIEFS DEEMED FIT TO BE GRANTED. Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6760 CRL.A No. 100259 of 2025 THIS CRIMINAL APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed under Section 483 of BNSS challenging the order dated 08.04.2025 passed by the Principal Senior Civil Judge and CJM, Haveri, in CC No.125/2019. Section 483 of BNSS reads thus:- “483. Special powers of High Court or Court of Session regarding bail. - (1) A High Court or Court of Session may direct,- (a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 480, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; (b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with - 3 - NC: 2025:KHC-D:6760 CRL.A No. 100259 of 2025 imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice: Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application. (2) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023. (3) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.” 2. Section 483 of BNSS does not provide for filing any appeal. The order challenged in this appeal is grant of bail to respondent No.2-accued No.1 for the offences punishable under Sections 498A, 506 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. - 4 - NC: 2025:KHC-D:6760 CRL.A No. 100259 of 2025 3. As no appeal is provided under Section 483 of BNSS, the present appeal filed is not maintainable. Hence, the appeal is dismissed as not maintainable. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE VMB CT-ASC List No.: 1 Sl No.: 11