Karnataka High Court
State Of Karnataka vs Sumit B Acharya on 21 January, 2026
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2026:KHC:3613
CRL.P No. 17145 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 17145 OF 2025
BETWEEN:
STATE OF KARNATAKA
BY BANTWALA RURAL POLICE STATION
DAKSHINA KANNADA DISTRICT
REP. BY THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE - 560 001
...PETITIONER
(BY SRI.B.N.JAGADEESHA, ADDL. SPP.)
AND:
1. SUMIT B ACHARYA
AGED 27 YEARS
Digitally S/O. BHOJA ACHARI
signed by R/O. DHANUPOOJE HOUSE
NAGAVENI
TENAKABELLURU VILLAGE
Location:
High Court BANTWAL TALUK - 574 211
of Karnataka
2. DEEPAK,
AGED 21 YEARS, S/O LATE YOGEESH
R/O SITE HOUSE NEAR SCHOOL
BADAGALLURU VILLAGE
BANTWAL TALUK- 574 211
3. V. RAVIRAJ MULYA,
AGED 23 YEARS
S/O LATE GANGARAM
R/O VARATEEL HOUSE
BADAGABELLURU VILLAGE
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BANTWAL TALUK - 574 211
4. PRITHVIRAJ JOGI
AGED 20 YEARS
S/O PRAMOD RAJ
R/O HOUSE NO. 1-82/25
SHIVAJINAGAR HOUSE
AMMUNJE VILLAGE
BANTWAL TALUK.- 574 211
5. CHINTAN,
AGED 19 YEARS, S/O SURESH
R/O HOUSE NO.1-82/32
NAVAGRARMA HOUSE
AMMUNJE VILLAGE
BANTWAL TALUK - 574 211
6. BHARATH KUMDELU
AGED 38 YEARS
S/O. SESAPPA
R/O PELAPPADI HOUSE
PUDU VILLAGE, BANTWAL TALUK- 574 211
7. ABHIN RAI
AGED 32 YEARS S/O ASHOK RAI
R/O MUNDADKA HOUSE
TENKABELURU VILLAGE
BANTWAL TALUK 574 211
8. TEJAKSHA,
AGED 24 YEARS
S/O TARANATH POOJARY
R/O TARIPADPU HOUSE
NEAR GOVERNMENT SCHOOL
KOLATTAMAJALU
BADAGABELLURU VILLAGE
BANTWAL TALUK - 574 211
9. SHIVAPRASAD THUMBE
AGED 33 YEARS
S/O JAYA BELCHAD
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R/O DOOR NO.2-74/1
BOLALRI HOUE THUMBE
VILLAGE AND POST
BANTWAL TALUK
PRESENTLY R/ AT
KUMDELU HOUSE
PUDU VILLAGE
BANTWAL TALUK - 574 211
10. PRADEEP,
AGED 34 YEARS
S/O LATE RAMA BELCHAD
R/O DOOR NO. 1-120/116
KUMDELU NOOJI HOUSE
PUDU VILLAGE
BANTWAL TALUK - 574 211
11. SHAHITH @ SAHITH
AGED 24 YEARS
S/O CHANDRAHASA POOJARY
R/O DOOR NO. 2-92
BARINJA HOUSE
AMMUNJE VILLAGE
BANTWAL TALUK - 574 211
12. SACHIN @ SACHIN ROTTIGUDDE
AGED 32 YEARS
S/O GANGAYYA BELCHAD
R/O DOOR NO. 2-167
ROTTIGUDDE HOUSE
THUMBE VILLAGE AND POST
BANTWAL TALUK - 574 211
13. RANJITH,
AGED 35 YEARS
S/O SHANKARA POOJARY
R/O HOUSE NO. 1-120/7A
NEAR KUMDELU SCHOOL
PUDU VILLAGE, BANTWAL TALUK - 574 211
14. RAVISANJOY
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CRL.P No. 17145 of 2025
HC-KAR
AGED 29 YEARS
S/O. LATE SHIVANANDA G.M.
R/O GUNDAGADDE MAKKI HOUSE
BETTAGERI VILLAGE
PUNCHEBAILU POST
SRINGERI TALUK
CHIKKAMAGALURU DISTRICT- 574 211
...RESPONDENTS
(BY SRI.ARUN SHYAM, LEARNED SR. COUNSEL FOR
SRI.SUYOG HERELE E., ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C (U/S 528 BNSS) BY THE SPP FOR THE STATE PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET
ASIDE THE ORDER DTD 22.11.2025 PASSED BY THE HONBLE
PRL. DISTRICT AND SESSIONS JUDGE, AT MYSORE IN
SPL.C.NO.349/2025.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following prayer:
"WHEREFORE, the Petitioner - State most respectfully prays that this Hon'ble Court may be pleased to set aside the order dated 22.11.2025 passed by the Hon'ble Principal District and Sessions Judge at Mysore in Special Case No.349 of 2025, in the interest of justice."
2. Heard Sri. B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for the petitioner and Sri. -5- NC: 2026:KHC:3613 CRL.P No. 17145 of 2025 HC-KAR Arun Shyam, learned Senior counsel for Sri. Suyog Herele E., learned counsel representing respondent No.6.
3. The State is before the Court calling in question an order passed by the concerned Court which remits the matter back to the hands of the Court of Session.
4. The learned Senior counsel submits that after the remand, the additional charge sheet is filed now invoking the provision of offences under the Karnataka Control of Organised Crimes Act, 2000 ('the KCOCA Act' for short). Therefore, the subject petition has become academic.
5. The learned Additional Special Public Prosecutor submits that the error is now the matter in which KCOCA is being tried by a General Court and not a Special Court or Court of Session, which had to try the offences under the KCOCA Act, while the learned Senior counsel would accept the same.
6. The Learned Additional Special Public Prosecutor further submits that the procedure that is followed by the concerned Court is an error and would pose as a precedent and the order of the concerned Court runs counter to Section 11 of -6- NC: 2026:KHC:3613 CRL.P No. 17145 of 2025 HC-KAR the KCOCA Act. The said issue can be decided in an appropriate case, leaving the said issue open, to be decided in an appropriate case. I deem it appropriate to dispose the subject petition with a direction to the concerned Court to transmit the matter to the Court empowered to hear the offences under the KCOCA inter alia, without brooking any delay.
7. All contentions of both the parties shall remain open to be urged before the competent fora at the appropriate time.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 35