- 1 - HC-KAR NC: 2026:KHC:5415 WP No. 89 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 89 OF 2026 (GM-POLICE) BETWEEN: SRI MAHESH SHETTY THIMARODI AGED ABOUT 58 YEARS S/O VITTALA SHETTY R/AT THIMMARODI HOUSE UJJIRE VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA - 574 240. …PETITIONER (BY SRI. THARANATH POOJAR, SR. COUNSEL A/W SRI. BALAKRISHNA M.R, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA, BENGALURU - 560 001. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5415 WP No. 89 of 2026 2. ASSISTANT COMMISSIONER CUM SUB-DIVISIONSL MAGISTRATE PUTTUR SUB-DIVISION PUTTUR, DAKSHINA KANNADA - 574 201. 3. DEPUTY SUPERINTENDENT OF POLICE BANTWAL SUB-DIVISION DAKSHINA KANNADA - 574 211. 4. INSPECTOR OF POLICE BELTHANGADY POLICE STATION BELTHANGADY, DAKSHINA KANNADA - 574 214. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 16.12.2025 PASSED BY THE 2ND RESPONDENT MADE IN ADS, MAGR (GADIPARU)/18/2025-26 AS PER ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:5415 WP No. 89 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "A. Issue a writ of certiorari quashing the order dated 16.12.2025 passed by the 2nd respondent made in ADS, MAGR (Gadiparu)/18/2025-26 as per Annexure-A, in the interest of justice and equity. B. Pass such other writ or order as the Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri. Tharanath Poojary, learned Senior Counsel along with Sri. Balakrishna M.R., learned counsel appearing for the petitioner and Sri. B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for the State. 3. The backdrop of the issue need not be reiterated all over again. It would suffice if the order passed in WP.No.30021/2025 disposed on 17.11.2025 is paraphrased, as facts obtaining to the case at hand. The Co-ordinate Bench concerning this very petitioner, challenging the very externment order had in extenso considered the law and remitted the matter back to the respondent/State only for the limited purpose of passing the reasoned order indicating the - 4 - HC-KAR NC: 2026:KHC:5415 WP No. 89 of 2026 provision under which the said order had been passed and complying with the requirements thereof. The order passed by the Co-ordinate Bench reads as follows: "ORDER i. The writ petition is partly-allowed. ii. The order dated 18.09.2025 passed by respondent No.2 in No.MAGCR (Gadipur)/18/2025-26 at Annexure-A is set aside. iii. The matter is remitted to respondent No.2 for the limited purposes of passing a reasoned order indicating the provision under which the said order has been passed by complying with the requirements thereof, which order shall be passed within 15 days from the receipt of a copy of this order." Pursuant to the said order, a show cause notice comes to be issued to the petitioner, for which the petitioner submits an elaborate reply. Claiming to be considering the reply, the present order is passed. 4. A perusal at the impugned order of the subject petition would clearly indicate that non-application of mind for the reason that all the crimes that are found in the show cause notice are replicated in the impugned order without considering - 5 - HC-KAR NC: 2026:KHC:5415 WP No. 89 of 2026 the objections filed by the petitioner. The objections were to the score that most of the crimes that are indicated in the order have all ended in acquittal or otherwise. Therefore, these factors ought to have been considered as directed by the Co-ordinate Bench. In the light of the order projecting non- application of mind, the inevitable conclusion that can be arrived at now at this juncture in this petition is the matter being remitted back to the hands of the concerned authority, who has now passed the impugned order, to pass orders in strict consonance with what the Co-ordinate Bench held, which would reflect application of point and reasons rendered thereon. 5. For the aforesaid reasons, the following: ORDER (i) Writ petition is allowed. (ii) The order impugned shall stand obliterated again for the limited purpose of the Assistant Commissioner/ respondent No.2 to pass necessary orders in accordance with law, bearing in mind the observations made in the - 6 - HC-KAR NC: 2026:KHC:5415 WP No. 89 of 2026 course of the order, which would reflect application of mind. (iii) In the light of the matter being remitted to the hands of the Assistant Commissioner only to pass an order on considering the objections filed by the petitioner, hearing the petitioner all over again would not be required. Therefore, the order shall be passed within 3 weeks from the date of receipt of the copy of the order, if not earlier. Ordered accordingly. All other contentions would remain open to the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 7