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2026 DAILYLAW 53357 (KAR)

SRI.ANNAPPA SHIVAPPA HALIJOLE v. THE STATE OF KARNATAKA

CRL.RP/100321/2019 · 2026-01-29

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1170 CRL.RP No. 100321 of 2019 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100321 OF 2019 (397(CR.PC)/438(BNSS)) BETWEEN: SRI. ANNAPPA SHIVAPPA HALIJOLE AGE: 43 YEARS, OCC: AGRICULTURE AND BUSNIESS, R/O: MORAB, TQ: RAIBAG, DIST: BELAGAVI. …PETITIONER (BY SRI. RAJENDRA R. PATIL, ADVOCATE FOR SRI. SRINANAD A. PACHHAPURE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY KUDACHI P.S., TQ: RAIBAG, DIST: BELAGAVI, REPRESENTED BY SPP, OFFICE OF AG, HIGH COURT COMPLEX, DHARWAD. 2. SRI. PRABHAKAR PRAKASH ASODE AGE.37 YEARS, OCC. AGRICULTURE, R/O. MORAB VILLAGE, TQ.RAIBAG, DIST.BELAGAVI. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. SUNIL KHOT, ADVOCATE FOR SRI. RAMACHANDRA A. MALI, ADVOCATE FOR R2) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND ORDER DATED 21/06/2019 PASSED BY THE III ADDL. DIST. & SESSIONS JUDGE AND SPL. COURT UNDER SC/ST (POA) ACT 2012 AT BELAGAVI, FOR OFFENCES PUNISHABLE U/S 143, 147, 323, 448, 504, 506 R/W 149 OF IPC AND & 3(1)(X) OF SC/ST PA CT 1989 IN SPL CASE NO.11/2016 FILED UNDER SECTION 227 OF CR.P.C. (ANNEXURE-G) SEEKING FOR DISCHARGE AND THEREBY DISCHARGE THE ACCUSED BY ALLOWING THE PRESENT REVISION AND ETC.,. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1170 CRL.RP No. 100321 of 2019 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Rajendra R. Patil for Sri.Srinand A. Pachhapure, appearing for revision petitioner, Smt.Kirtilata R. Patil, learned High Court Government Pleader, appearing for respondent No.1-State and Sri.Sunil Khot, for Sri.Ramachandra A. Mali, appearing for respondent No.2. 2. The petitioner herein is the accused, who had filed an application seeking discharge in Special Case No.11 of 2016. The said application, upon contest, came to be rejected. 3. Aggrieved by the same, the present revision petition has been filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, any order passed by the Special Court is appealable. 4. For ready reference said provision of 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is culled out hereunder: Section 14A – Appeals “(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an appeal - 3 - HC-KAR NC: 2026:KHC-D:1170 CRL.RP No. 100321 of 2019 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 inforce, 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: 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: - 4 - HC-KAR NC: 2026:KHC-D:1170 CRL.RP No. 100321 of 2019 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.” 5. Taking note of the statutory provision, it is clear that the present revision petition is not maintainable. 6. Accordingly, the following order is passed: ORDER The revision petition is dismissed as not maintainable. Sd/- (V.SRISHANANDA) JUDGE RHR/-Ct-cmu LIST NO.: 2 SL NO.: 30