- 1 - HC-KAR NC: 2026:KHC-D:283 CRL.A No. 100717 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL NO. 100717 OF 2025 (449(CR.PC)/495(BNSS)) BETWEEN: SHARUKHAN RAMESH MALAGE @ GHATAGE AGE 25 YEARS, OCC. COOLIE R/O. SHAMANEWADI, TQ. CHIKODI, DIST. BELAGAVI. …APPELLANT (BY SRI. SANTOSH B. KANAL, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH TRHOUGH SADALAGA POLICE STATION. …RESPONDENT (BY SRI. PRAVEENA Y. DEVARADDIYAVARA, HCGP) THIS CRIMINAL APPEAL IS FILED U/SEC. 449 OF CR.P.C. (U/SEC. 495 OF BNSS, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.10.2025 PASSED BY THE COURT OF THE VII ADDL. DISTRICT AND SESSION JUDGE BELAGAVI SITTING AT CHIKODI IN S.C.NO. 1059/2021 SO FOR ACCUSED NO. 1 AND RESTORE THE BAIL AND SURETY BOND OF VII ADDL. SESSIONS JUDGE BELAGAVI, SITTING AT CHIKKODI CRL.MISC NO. 5322/2022 DATED:26.05.2022. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:283 CRL.A No. 100717 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Santosh B. Kanal, learned counsel for the appellant, and Sri. Praveena Y. Devareddiyavara, learned High Court Government Pleader for the respondent. 2. Accused No.1 is the appellant, who has challenged the registration of the criminal miscellaneous case for recovery of the bond amount, which stood forfeited on account of violation of bail conditions. 3. It is always open to accused No.1 to contest the criminal miscellaneous case, if any merits are available on record. Whenever a bond is forfeited due to default committed by the accused or the surety, recovery of the bond amount requires registration of a separate criminal miscellaneous case, which shall be adjudicated in accordance with law, as contemplated under Section 446 of the Code of Criminal Procedure (for short, ‘the Cr.P.C.’). 4. Therefore, mere registration of miscellaneous case is not an appealable order. - 3 - HC-KAR NC: 2026:KHC-D:283 CRL.A No. 100717 of 2025 5. Hence, the appeal is dismissed as not maintainable. 6. However, the liberty available to accused No.1 to raise all permissible defences is kept open, to be urged in the criminal miscellaneous case in accordance with law. Sd/- (V.SRISHANANDA) JUDGE AC Ct-cmu LIST NO.: 2 SL NO.: 61