- 1 - HC-KAR NC: 2026:KHC:3613 CRL.P No. 17145 of 2025 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 S/O. BHOJA ACHARI R/O. DHANUPOOJE HOUSE TENAKABELLURU VILLAGE BANTWAL TALUK - 574 211 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 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3613 CRL.P No. 17145 of 2025 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 - 3 - HC-KAR NC: 2026:KHC:3613 CRL.P No. 17145 of 2025 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 - 4 - HC-KAR NC: 2026:KHC:3613 CRL.P No. 17145 of 2025 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 - HC-KAR NC: 2026:KHC:3613 CRL.P No. 17145 of 2025 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 - HC-KAR NC: 2026:KHC:3613 CRL.P No. 17145 of 2025 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