- 1 - HC-KAR NC: 2026:KHC:1833 CRL.A No. 902 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 902 OF 2025 BETWEEN: SRI. BASAVARAJAPPA S, S/O SANNASIDDEGOWDA, AGED ABOUT 65 YEARS, SALABAMMANHALLI VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT - 577 558. &APPELLANT (BY SRI. SHARATH B. BELAVIGI, ADVOCATE) AND: MAHESHWARAPPA S/O NAGAPPA, AGED ABOUT 55 YEARS, SALAVAMMANHALLI VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT - 577 558. &RESPONDENT (BY SRI. JAGADISH GUNDAPPA, ADVOCATE) THIS CRL.A IS FILED U/S 372 OF CR.PC (FILED U/S 413 OF BNSS) PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 12.11.2024 PASSED BY THE ADDL.CIVIL JUDGE AND JMFC HIRIYUR IN C.C.NO.268/2018. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1833 CRL.A No. 902 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. Heard on maintainability of the appeal. 2. The victim has preferred this appeal against the judgment of acquittal passed by the Additional Civil Judge and J.M.F.C., Hiriyuru in C.C.No.268/2018 dated 12.11.2024. 3. The Trial Court has acquitted the accused of the offences punishable under Sections 431, 432, 447, 427, 434 of IPC and Section 3 of Prevention of Damage to Public Property Act, 1984. 4. Section 3 of Prevention of Damage to Public Property Act, 1984 is punishable with rigorous imprisonment for a term which shall not be less than six months, but which may extend to five years and with fine. That in view of Schedule - II of Code of Criminal Procedure, if the offence punishable with imprisonment for three years and upwards - 3 - HC-KAR NC: 2026:KHC:1833 CRL.A No. 902 of 2025 not more than seven years, that offence is cognizable and non-bailable. Hence, in view of Section 378(1)(a) of the Code of Criminal Procedure, the appeal lies to the Court of Sessions. Hence, I proceed to pass the following; ORDER (i) The appeal is dismissed as not maintainable before this Court. However, the appellant is at liberty to prefer an appeal before the Court of Sessions against the judgment of acquittal passed by the Trial Court. (ii) The appellant is permitted to avail the benefit under Section 14 of the Indian Limitation Act, 1963. [(iii) Office is directed to return copy of the judgment to the appellant. Sd/- (G BASAVARAJA) JUDGE GH List No.: 1 Sl No.: 27