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High Court of Karnataka · body

2026 DAILYLAW 28441 (KAR)

DR SUDHEER SHETTY v. STATE OF KARNATAKA

WP/13310/2026 · 2026-07-06

M Nagaprasanna

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:33798 WP No. 12856 of 2026 C/W WP No. 12909 of 2026 WP No. 13310 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12856 OF 2026 (GM-RES) C/W WRIT PETITION NO. 12909 OF 2026 (GM-RES) WRIT PETITION NO. 13310 OF 2026 (GM-RES) IN WP No. 12856/2026 BETWEEN: DR. SUDHEER SHETTY, S/O APPAYYA SHETTY, AGED ABOUT 65 YEARS, SUSPENDED DIRECTOR OF M/S LABLANDBIOTECHS PRIVATE LIMITED, 8TH KM, KRS MAIN ROAD, MYSURU - 570 016. NOW IN PRISON AT PARAPPANA AGRAHARA CENTRAL JAIL, CTP NO.15999. …PETITIONER (BY SRI RAGHU H P, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY THE STATION HOUSE OFFICER, VIJAYANAGAR POLICE STATION, MYSORE-570017, REP. BY HIGH COURT OF KARNATAKA, SPP. Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33798 WP No. 12856 of 2026 C/W WP No. 12909 of 2026 WP No. 13310 of 2026 2. M/S BLOOMING PLANTS NURSERY, A REGISTERED PARTNERSHIP FIRM, ASPEN, A-WING, 1403, GODREJ APARTMENTS, BELLARY MAIN ROAD, HEBBAL KEMPAPURA, BENGALURU -560 024. REP. BY ITS AUTHORISED SIGNATORY, SRI ROHAN S.B. AND SRI BHARATH CHANDRA. S.N. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 BNSS PRAYING TO A. QUASH AND SET ASIDE THE IMPUGNED ORDER DATED 25/09/2025 PASSED IN CRL.A NO. 496/2025 BY THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, VACATING THE SUSPENSION OF SENTENCE AS VOID ANNEXURE-D AND ETC. IN WP NO. 12909/2026 BETWEEN: DR. SUDHEER SHETTY, S/O APPAYYA SHETTY, AGED ABOUT 65 YEARS, SUSPENDED DIRECTOR OF M/S LABLANDBIOTECHS PRIVATE LIMITED, 8TH KM, KRS MAIN ROAD, MYSURU - 570 016. NOW IN PRISON AT PARAPPANA AGRAHARA CENTRAL JAIN, CTP NO 15999. ...PETITIONER (BY SRI RAGHU H P, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:33798 WP No. 12856 of 2026 C/W WP No. 12909 of 2026 WP No. 13310 of 2026 AND: 1. STATE OF KARNATAKA, REP. BY THE STATION HOUSE OFFICER, VIJAYANAGAR POLICE STATION, MYSORE-570017. 2. M/S OXYGEN NURSERY, A REGISTERED PARTNERSHIP FIRM, ASPEN, A-WING, 1403, GODREJ APARTMENTS, BELLARY MAIN ROAD, HEBBAL KEMPAPURA, BENGALURU - 560 024. REP. BY ITS AUTHORISED SIGNATORY, SRI ROHAN S.B. AND SRI BHARATH CHANDRA. S.N. ...RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC.528 BNSS PRAYING TO A. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING AND SETTING ASIDE THE IMPUGNED ORDER DATED 25/09/2025 PASSED IN CRIA NO. 497/2025 BY THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, VACATING THE SUSPENSION OF SENTENCE AS VOID ANNEXURE-D AND ETC. IN WP NO. 13310/2026 BETWEEN: DR. SUDHEER SHETTY, S/O APPAYYA SHETTY, AGED ABOUT 65 YEARS, - 4 - HC-KAR NC: 2026:KHC:33798 WP No. 12856 of 2026 C/W WP No. 12909 of 2026 WP No. 13310 of 2026 SUSPENDED DIRECTOR OF M/S LABLAND BIOTECHS PRIVATE LIMITED, 8TH KM, KRS MAIN ROAD, MYSURU - 570 016. NOW IN PRISON AT PARAPPANA AGRAHARA CENTRAL JAIL, CTP NO.15999. ...PETITIONER (BY SRI RAGHU H P, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY THE STATION HOUSE OFFICER, VIJAYANAGAR POLICE STATION, MYSORE-570032. 2. M/S GREEN PLANET NURSERY, A REGISTERED PARTNERSHIP FIRM, ASPEN, A-WING, 1403, GODREJ APARTMENTS, BELLARY MAIN ROAD, HEBBAL KEMPAPURA, BENGALURU - 560 024. REP. BY ITS AUTHORISED SIGNATORY, SRI ROHAN S.B. AND SRI BHARATH CHANDRA. S.N. ...RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC.528 BNSS PRAYING TO A. DIRECT, QUASHING AND SETTING ASIDE THE IMPUGNED ORDER DATED 25/09/2025 PASSED IN CRL.A NO. 495/2025 BY THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, VACATING THE SUSPENSION OF SENTENCE AS VOID AND ETC. - 5 - HC-KAR NC: 2026:KHC:33798 WP No. 12856 of 2026 C/W WP No. 12909 of 2026 WP No. 13310 of 2026 THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner, common in all these petitions, is before the Court calling in question orders dated 25.09.2025, in Crl.A.Nos.496/2025, 497/2025 and 495/2025 passed by the LXV Additional City Civil and Sessions Judge, Benglauru, and the remand orders dated 04.03.2026, passed in C.C.Nos.2142/2019, 2141/2019 and 2140/2019 by the XXI Additional Small Causes Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-23) and seeks a direction by issuance of a writ of mandamus to the concerned Court to reconsider the application seeking suspension of sentence in Crl.A.Nos.496/2025, 497/2025 and 495/2025, in the respective petitions. 2. Heard Sri Raghu H.P., learned counsel for petitioner and Smt. Rashmi Patel, learned High Court Government Pleader for respondent No.1. - 6 - HC-KAR NC: 2026:KHC:33798 WP No. 12856 of 2026 C/W WP No. 12909 of 2026 WP No. 13310 of 2026 3. Learned counsel for the petitioner would restrict his submission for consideration of the applications filed by the petitioner regarding relaxation of the condition with regard to deposit of 20% of the amount, as the petitioner is now in prison on account of default in making payment of the said amount. Learned counsel submits that one application comes to be disposed in all the concerned appeals before the concerned Court and another is preferred on a different circumstance, which is yet to be considered. 4. The petitioner is said to have preferred applications in Crl.A.Nos.496/2025, 497/2025 and 495/2025, respectively, seeking relaxation of the condition of depositing 20% of the fine amount by the concerned Court, in the light of the judgment of the Apex Court rendered in the case of JAMBOO BHANDARI V/S. MADYA PRADESH STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. AND OTHERS reported in (2023) 10 SCC 446. The applications not being considered has driven the petitioner to this Court in the subject petitions. 5. In that light, the concerned Court shall now consider the applications so filed by the petitioner, seeking relaxation of - 7 - HC-KAR NC: 2026:KHC:33798 WP No. 12856 of 2026 C/W WP No. 12909 of 2026 WP No. 13310 of 2026 the condition of deposit of 20% of the fine amount, within an outer limit of three weeks from the date of receipt of a copy of the order, if not earlier. 6. With the afore-made observations and the directions, the writ petitions stand disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 51