- 1 - NC: 2025:KHC-D:3159 WP No. 100312 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100312 OF 2025 (GM-RES) BETWEEN: SHRI ANNA S/O. LACHHA NAIK, AGE: 45 YEARS, OCC: 2ND DIVISION ASSISTANT ACCOUNTANT, R/O: SODIGADDE CROSS, BELAKKE, BHATKAL, RESIDING AT ANDHENAHALLI, TQ: KADUR, DIST: CHIKKAMANGALURU – 577 548. …PETITIONER (BY SRI. R H ANGADI,ADVOCATE) AND: THE STATE OF KARNATAKA, (KARWAR LOKAYUKTA POLICE STATION, KARWAR) REPRESENTED BY SPECIAL PUBLIC PROSECUTOR FOR LOKAYUKTA THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHAWAD – 580 011. …RESPONDENT (BY SRI. ,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO KINDLY ISSUE AN ORDER IN THE NATURE OF WRIT OF MANDAMUS OR DIRECTION, DIRECTING THE TRIAL COURT I.E., PRINCIPAL DISTRICT AND SESSIONS JUDGE, UTTAR KANNADA, KARWAR, TO RELEASE THE PRESENT PETITIONER/ACCUSED IN SPL.CASE NO.68/2022, WHO WAS TAKEN INTO CUSTODY ON 08/01/2025 FORTHWITH, BY ALLOWING THIS WRIT PETITION. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.18 11:21:50 +0530 - 2 - NC: 2025:KHC-D:3159 WP No. 100312 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “To issue an order in the nature of Writ of Mandamus or direction, directing the Trial Court i.e., Principal District and Sessions Judge, Uttar Kannada, Karwar, to release the present petitioner/accused in Spl.Case. No.68/2022, who was taken into custody on 08/01/2025 forthwith, by allowing this writ petition.” 2. This Court on 17.01.2025 had passed the following order: “Learned counsel Sri.Anil Kale is directed to take notice for the respondent. Petitioner to serve set of papers upon the aforesaid counsel. Heard the learned counsel Sri. R.H. Angadi appearing for the petitioner. The petitioner is said to be convicted in Spl.Case No.68/2022 for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988. The Court stops at conviction and does not pass an order of sentence. The petitioner does not know as to the quantum of sentence that is imposed upon him, as the - 3 - NC: 2025:KHC-D:3159 WP No. 100312 of 2025 Court, is yet to pass. Despite that, the petitioner has been taken into custody vide an order of the concerned Court without passing an order of sentence. There appears to be gross procedural infirmity and hottest haste in taking the petitioner into custody without an order of sentence. In the light of the gross procedural irregularity, the petitioner becomes entitled to be released from prison subject to further orders that will be passed by this Court. The petitioner shall be released forthwith. List the matter on 13.02.2025.” 3. By virtue of the interim order, the petitioner is now released. 4. The learned counsel for the parties would submit that before the concerned Court, the matter is kept for orders on 18.02.2025 for the pronouncement upon the sentence. 5. In that light, the present petition does not survive for consideration. 6. The petition is disposed, directed the concerned Court to conclude the proceedings on 18.02.2025 by passing orders in accordance with law. - 4 - NC: 2025:KHC-D:3159 WP No. 100312 of 2025 7. The Court is at liberty to regulate its procedure in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 61