MR. SHIVANAGOUDA R. PATIL vs SRI. SURESHGOUDA S/O SHANTAVEERAGOUDA HIREGOUDAR
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17918
WP No. 109053 of 2026
CNR: KAHC020203032026
IN THE HIGH COURT OF KARNATAKA
AT DHARWAD
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO.109053 OF 2026 (GM-CON)
BETWEEN:
MR. SHIVANAGOUDA R. PATIL
AGE. 53 YEARS, OCC. PARTNER,
M/S. PRUTHVI BUILDERS AND DEVELOPERS,
SHOP NO.14A/B, II FLOOR, WALI ARCADE,
OPP. J.G. COMMERCE COLLEGE,
VIDYANAGAR, HUBBALLI
…PETITIONER
(BY SRI. M.L. VANTI, ADVOCATE)
AND:
1. SRI. SURESHGOUDA
S/O SHANTAVEERAGOUDA HIREGOUDAR,
AGED ABOUT 42 YEARS,
OCC. PRIVATE SERVICE,
ST
R/O: NO. 87, 1 MAIN,
3RD CROSS, DCM TOWNSHIP,
NEAR MEDICAL SHOP,
DAVANGERE-577001.
(EA NO.134/2024)
2. BASANAGOUDA R. GOUDAR,
AGE: 45 YEARS,
OCC: GOVT. EMPLOYEE,
R/O: NO 76A/5F,
VENKATADRI COLONY,
NADIGER COMPOUND, SAPTAPUR,
DHARWAD-580001.
(EA NO.204/2023)
3. RENUKA K. VADEYANPUR,
AGE-:55 YEARS, OCC: HOUSEHOLD,
Digitally signed
by SAROJA
HANGARAKI
Location: high
court of
karnataka,
dharwad bench
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WP No. 109053 of 2026
CNR: KAHC020203032026
R/O. AT POST: VIDYANAGAR,
HIREKERUR, HAVERI-581111.
(E.A NO.205/2023)
4. SHIDDAPA SHIVANOOR,
AGE: 40 YEARS, OCC: LECTURER,
R/O. PHILIP KOTE,
DEENBANDHU COLONY,
NEAR BASEL MISSION SCHOOL,
KARWAR ROAD, HUBLI-580029
(EA NO.206/2023)
5. CHINTAMANI 1. SURPUR,
AGED ABOUT 56 YEARS,
OCC: GOVT. EMPLOYEE,
R/O: C/O. SUPERINTENDENT OF POST OFFICES,
BAGALKOT DIVISION-587101.
(EA NO. 207/2023)
6. KALLAPPA H. MATTI,
AGED ABOUT 48 YEARS,
OCC:. BUSINESS,
R/O: HOUSE NO.37,
GHANTIKERI ONI,
HUBBALLI-580020.
(EA NO.208/2023).
7. GIRIJA CHAVANAR,
AGED ABOUT 50 YEARS,
OCC: HOUSE HOLD,
R/O: PLOT NO.79/1,
KIADB, TAPOVAN,
HALIYAL ROAD,
DHARWAD-580001.
(EA NO.209/2023)
8. SHRIKANTH H. MATTI,
AGED ABOUT 48 YEARS,
OCC: BUSINESS,
R/O: HOUSE NO.37,
GHANTIKERI ONI,
HUBBALL1-580020,
(EA NO. 210/2023)
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9. RASHMI MUSHANNAVAR,
AGED ABOUT 37 YEARS, OCC: TEACHER,
R/O: HOUSE NO. 101,
K.C.C BANK COLONY,
HUBBALLI-580025.
(EA NO.211/2023)
10. SUNIL D. BHAGALE,
AGED ABOUT 44 YEARS,
OCC: PRIVATE SERVICE,
R/O. C/O. RENUKA SINGAD,
NEW POLICE QUARTER,
KARWAR ROAD,
HUBBALLI-580031.
(EA NO.213/2023)
11. MANOHAR CHAUHAN,
AGE ABOUT 40 YEARS,
OCC: PRIVATE SERVICE,
R/O: II FLOOR,
NARAYANA BUILDING,
NEAR BROKE FILED SCHOOL,
SAMPIGE NAGAR,
ELECTRONIC CITY,
BENGALURU-560100.
(EA NO.221/2023)
12. RAMACHANDRA PATTAR,
AGE: 46 YEARS,
OCC: PRIMARY SCHOOL TEACHER,
RD
R/O: SHRI DUNDAPPA NILAYA, 3 CROSS,
GANESH COLONY, NEKAR NAGAR,
OLD HUBBALLI-580024.
(EA NO.02/2024)
13. SAMPATHLAXMI HUGAR,
AGE: 54 YEARS,
OCC: MEDICAL PRACTITIONER,
R/O: C/O. II HUGAR,
BAIF POST BOX NO.3,
SHARADAHA NAGARA,
NEAR HASAN CIRCLE,
TIPTOR-572202.
(EA NO.214/2023)
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14. VISHWANATH HIREMANI,
AGE:38 YEARS, OCC: ASST.TEACHER,
R/O: HOUSE NO.101, K.C.C BANK COLONY,
NAVANAGAR, HUBBALLI-580025.
(EA NO. 217/2023).
15. NIRMALA HULGAMMANAVAR,
AGE: 38 YEARS, OCC: GOVT. EMPLOYEE,
R/O: B.N, HULAGAMMANAVAR,
HOUSE NO.133, 3RD CROSS, KOPPADAKERI,
JANATHA COLONY, MALAPUR,
DHARWAD-580008.
(EA NO.222/2023AND EA NO. 223/2023)
…RESPONDENT
(NOTICE TO RESPONDENT IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI TO QUASH OR ANY OTHER
APPROPRIATE ORDER OR DIRECTION AND QUASH THE ORDER
DATED 16/10/2026 PASSED BY THE DISTRICT CONSUMER DISPUTE
REDRESSAL COMMISSION DHARWAD IN EX.PETN.134/2024,
EX.PETN.NO.204/23, EX.PETN.NO.205/23, EX.PETN.NO.206/23,
EX.PETN.NO.207/23, EX.PETN.NO.208/23, EX.PETN.NO.209/23,
EX.PETN.NO.210/23, EX.PETN.NO.211/23, EX.PETN.NO.177/23,
EX.PETN.NO.221/23, EX.PETN.NO.2/24, EX.PETN.NO.214/23,
EX.PETN.NO.217/23, EX.PETN.NO.222/23 AND EX.PETN.NO.223/23,
VIDE ANNEXURE-D, IN SO FAR IMPOSING CONDITIONS NOS 1 AND
2 BY THE HON’BLE DISTRICT CONSUMER FORUM DHARWAD AND
RELEASE THE PETITIONERS IN THE INTEREST OF JUSTICE AND ETC.
THIS WP COMING ON FOR PRELIMINARY HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
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ORAL ORDER
1. Petitioner is before this Court being aggrieved by the
conditions imposed by the District Consumer Disputes
Redressal Commission, Dharwad (“District Commission”
for short), while granting the bail under Section 436 of
Cr.P.C read with Section 478 of Bharatiya Nagarik
Suraksha Sanhita, 2023. The operative portion of the
impugned order reads as under;
“ORDER
Subject to the compliance of the below mentioned
conditions all the Bail Applications filed on behalf of
the JDr/Accused U/Sec.436 of Cr.P.C r/w 478 of BNSS
2023 are hereby allowed in the following terms.
1. JDr/Accused shall execute Personal Bond for Due
Amount as shown in the aforesaid chart in
respective cases with two surety’s for like sum to
the satisfaction of this commission. Amount two
surety’s one surety must be a solvent surety.
2. JDr/Accused shall pay to the DHr or to Deposit the
same before this commission at the rate of 20% of
the due amount of respective cases as shown in the
aforesaid chart.
3. JDr/Accused shall be regular in attending this
commission for proceeding with the enquiry for the
offence alleged U/sec.72 of C.P.Act 2019.
4. JDR/Accused shall not leave the jurisdiction of this
commission without prior permission.
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WP No. 109053 of 2026
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After compliance of the aforesaid conditions by
JDr/accused offence shall issue his release intimation
to the District Prison Dharwad.
Original order shall be kept in EA.No.134/2024 and
final order shall be taken in the order sheet of all the
cases.”
2. Learned counsel for the petitioner submits that
petitioner has been behind the bars for over 4 months
without any enquiry and this Court by order dated
12.10.2026 passed in W.P.No.106629/2026(GM-CON)
and connected matters had directed the District
Commission to conduct the enquiry as contemplated
under Section 72 of the Consumer Protection Act, 2019
(“CP Act” for short) and in consequence thereof
petitioner also filed application seeking bail and while
granting the bail the District Commission has imposed
conditions, of which, condition Nos.1 and 2 are
impossible for the petitioner to perform as there are
close to 100 cases and if petitioner is required to pay
20% of the decreetal amount that would run in an
approximate sum of Rs.2.00 Crores which is not possible
under the distress financial condition of the petitioner.
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NC: 2026:KHC-D:17918
WP No. 109053 of 2026
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He further submits that condition No.1 provided for
furnishing of the like sum solvent surety is also not
possible for the petitioner to obtain bail. Therefore he
seeks relaxation of condition Nos.1 and 2. He submits
that the petitioner is ready and willing to comply with
condition Nos.3 and 4. Hence seeks for allowing of the
petition.
3. Heard. Perused the records.
4. The District Commission at paragraph No.6 of the
impugned order has taken note the objections raised by
the decree holder to the effect that the petitioner herein
has not been co-operating the enquiry in the respective
cases and he has been absconding from the jurisdiction
of the District Commission besides he has allegedly
violated the order of District Commission and the State
Commission. The District Commission has also taken
note of the cases pending at paragraph Nos.6 and 7 of
the impugned order. The District Commission has found
petitioner having prima facie violated the order
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warranting initiation of proceedings under Section 72 of
the CP Act. Further reasons assigned by the District
Commission in the impugned order does not appear to
be suffering with any irregularity or illegality warranting
interference at the hands of this Court.
5. However, considering the plea made by the learned
counsel for the petitioner, liberty is reserved to the
petitioner to approach the District Commission to seek
relaxation of condition Nos.1 and 2 by showing his bona
fides to the satisfaction of the District Commission.
6. The District Commission shall reconsider condition Nos.1
and 2 if permissible in accordance with law and pass
appropriate order thereon.
7. Learned counsel for the petitioner submits that there are
close to 100 cases of similar nature and therefore seeks
a similar direction to the District Commission to avoid
multiplicity of applications and delay in the orders being
passed.
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NC: 2026:KHC-D:17918
WP No. 109053 of 2026
CNR: KAHC020203032026
8. In view of said submission, the District Commission shall
endeavor to have all the matters posted together and
consider the applications for relaxation of condition
Nos.1 and 2 in accordance with law as directed above.
9. The writ petition is disposed of accordingly.
Sd/-
(M.G.S. KAMAL)
JUDGE
EM, CT:SD
LIST NO.: 1 SL NO.: 15