Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:23848 WP No. 13652 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 13652 OF 2026 (CS-RES) BETWEEN:
1. SADASHIVA O S/O ELEYANNA POOJARY, AGED ABOUT 30 YEARS NO.4-118/2 ODIPROTUU MAJALU MANE, BELALU DAKSHINA KANNADA - 574240
…PETITIONER (BY SRI. SACHIN B S.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU - 56000.1
2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DAKSHINA KANNADA - 575001. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES BELTHANGADY SUB-DIVISION, MANGALORE, DAKSHINA KANNADA,
575001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:23848 WP No. 13652 of 2026
4. BELAL PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD REP BY ITS PRESIDENT/SECRETARY, POST BOX NO. F.F. 57, BELTHANGADY POST, BELALU, DAKSHINA KANNADA - 574240, REGISTERED UNDER THE SOCIETY REGISTRATION ACT, 1959. 5. CHIEF EXECUTIVE OFFICER BELAL PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD, BELTHANGADY POST, BELALU, DAKSHINA KANNADA 57424. 6. BELAL PRIMAY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD REP BY ITS ENQUIRY OFFICER POST BOX NO. F.F. 57, BELTHANGADY POST, BELALU, DAKSHINA KANNDA 574240 REGISTERED UNDER SOCIETY REGISTRATION ACT, 1959. …RESPONDENTS (BY SRI.H K KENCHEGOWDA, AGA FOR R1 TO R3, V/O DATED 28.4.2026, NOTICE TO R4 TO R6 D/W)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTIO OF INDIA PRAYING TO QUASH THE IMPUGNED ADDL. CHARGE SHEET DATED 30.11.2025 ISSUED TO THE PETITIONER BY R5 AS PER ANNX-A BEARING NO. 60/2025-26
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
- 3 -
HC-KAR NC: 2026:KHC:23848 WP No. 13652 of 2026
ORAL ORDER
Learned Additional Government Advocate is directed to accept notice for respondents No.1 to 3. Notice to respondents No.4 to 6 is dispensed with. 2. In this petition, petitioner has challenged the impugned Additional charge sheet dated 30.11.2025 (Annexure-A) issued by the respondent No. 5. 3. Heard Sri Sachin B.S., learned counsel for the petitioner and learned AGA for the respondents No.1 to 3. 4.
It is argued by the learned counsel for the petitioner by referring to the impugned additional charge sheet at Annexure-A as well as the order dated 25.09.2025 passed by the Competent Court in Criminal Miscellaneous No. 881/2025 on the file of the II Additional District & Sessions Judge D.K., Mangaluru, and submitted that in view of the fact that the petitioner was in judicial custody and thereafter, he was enlarged on bail subject to the conditions stipulated therein, and petitioner was not
- 4 -
HC-KAR NC: 2026:KHC:23848 WP No. 13652 of 2026
able to, attend the respondent-Society from the date of suspension on 27.05.2025, and accordingly sought for interference of this Court. 5. Learned Additional Government Advocate, opposed the petition. 6. Having taken note of the submission made by the learned counsels appearing for the parties, it is not in dispute that the order of suspension was made on 27.05.2025 for a period of 6 months. The petitioner was apprehended on 05.09.2025 and thereafter he filed C.Misc.No.881/2025, under Section 483 of the BNSS, 2023 seeking enlargement on bail. 7. Perusal of the order dated 25.09.2025 in C.Misc.No. 881/2025 at Annexure-D would indicate that the learned District and Sessions Judge imposed a condition, stating that the petitioner shall not visit the respondent-society unless he was called for enquiry till the conclusion of the trial. In that view of the matter taking
- 5 -
HC-KAR NC: 2026:KHC:23848 WP No. 13652 of 2026
into consideration that the petitioner was apprehended on 05.09.2025, however, the order of suspension was made on 27.05.2025, I am of the considered opinion that there is no infirmity in framing the additional charge against the petitioner. In that view of the matter, I do not find any merit in the petition and accordingly, petition is dismissed. SD/- (E.S.INDIRESH) JUDGE
HR List No.: 2 Sl No.: 12