Karnataka High Court
WP/16320/2026 of MR VINOD KUMAR Vs MR PREMNATH SHETTY on 15 July 2026
CNR: KAHC010360302026 NC: 2026:KHC:36238 WP No. 16320 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16320 OF 2026 (GM-RES) BETWEEN: MR VINOD KUMAR, S/O. SOMAYYA @ SOMAIAH POOJARY, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 16320 OF 2026 (GM-RES)
BETWEEN:
MR VINOD KUMAR,
S/O. SOMAYYA @ SOMAIAH POOJARY,
AGED ABOUT 36 YEARS,
PROPRIETOR: V-VENTURES,
DOOR. NO.2-141, USHA NILAYA,
ADDOOR, OPP: SAHARA ENGLISH
MEDIUM SCHOOL, MANGALORE,
D.K. DISTRICT.
…PETITIONER
(BY SRI. KAVITHA D, ADVOCATE)
AND:
MR. PREMNATH SHETTY,
S/O. LATE SHEKAR SHETTY,
AGED 47 YEARS,
R/AT DOOR. NO.3/77-1,
THENJA HOUSE, KANDAVARA POST,
MANGALORE, D.K. DISTRICT
BENGALURU.
…RESPONDENT
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CR.P.C., PRAYING TO QUASHING THE IMPUGNED ORDER
DATED 17-04-2026 PASSED IN CRIMINAL APPEAL NO.10/2026
Digitally signed
by
PADMAVATHI B
K
Location: High
Court of
Karnataka
HC-KAR
AND THE IMPUGNED ORDER DATED 25-04-2026 PASSED IN
CRIMINAL APPEAL NO.11/2026 BY THE I ADDITIONAL FAMILY
COURT, D.K., MANGALURU VIDE ANNEXURES A AND C
RESPECTIVELY, INSOFAR AS THE APPLICATIONS SEEKING
EXTENSION OF TIME FOR COMPLIANCE OF THE CONDITIONAL
INTERIM ORDERS CAME TO BE REJECTED AND THE INTERIM
SUSPENSION OF SENTENCE GRANTED BY ORDERS DATED
08-01-2026 STOOD VACATED/DISCONTINUED AND ETC.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
The petitioner is before this Court seeking the following prayers: "a) Issue a writ of Certiorari quashing the impugned order dated 17-04-2026 passed in Criminal Appeal No.10/2026 and the impugned order dated 25-04-2026 passed in Criminal Appeal No.11/2026 by the I Additional Family Court, D.K., Mangaluru vide ANNEXURE A & C respectively, insofar as the applications seeking extension of time for compliance of the conditional interim orders came to be rejected and the interim suspension of sentence granted by orders dated 08-01-2026 stood vacated/discontinued;
b) Issue a writ of Mandamus directing the Appellate Court to reconsider the applications filed by the
HC-KAR
Petitioner seeking extension of time and consequently grant a further reasonable period of four weeks for compliance of the conditional deposit orders passed on 08-01-2026 in Criminal Appeal No.10/2026 vide ANNEXURE - A & C and Criminal Appeal No.11/2026, by continuing/restoring the interim suspension of sentence during the said period;
c) Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, including interim protection, continuation of suspension of sentence and costs, in the interest of justice and equity."
2. Heard Smt.Kavitha D, learned counsel appearing for the petitioner and have perused the material on record.
3. The counsel for the petitioner files an affidavit of undertaking that the petitioner would comply with the order passed by the concerned Court of deposit of 20% of the amount within six weeks from today.
4. In the light of the undertaking, the order of suspension of sentence shall continue for a period of six weeks from today.
HC-KAR
5. In the event, the petitioner would not deposit the same, the suspension of sentence that is now extended would automatically vanish.
With the aforesaid observations, the petition stands disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 2 Sl No.: 129