- 1 - HC-KAR NC: 2025:KHC:22023 WP No. 16775 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16775 OF 2025 (GM-POLICE) BETWEEN: K.V PRADEEP S/O VIJAYA, AGED ABOUT 40 YEARS RESIDING AT KICHABBI, NEGARAMAKKI VILLAGE, NARASIMMARAJPURA TALUK, CHIKKAMAGALURU DISTRICT-577101. …PETITIONER (BY SRI GIRISH B BALADARE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPUTY COMMISSIONER/DISTRICT MAGISTRATE, CHIKKAMAGALURU, REPRESENTED BY THE GOVT. ADVOCATE, HIGH COURT OF KARNATAKA AT BANGALORE. PIN CODE NO 577101. 2. SUPERINTENDENT OF POLICE CHIKKAMAGALURU, CHIKKAMAGALURU TALUK AND DISTRICT REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE NO -577101 3. THE POLICE SUB INSPECTOR BALEHONNUR POLICE STATION, NARASIMHARAJAPURA TALUK CHIKKAMAGALURU DISTRICT REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22023 WP No. 16775 of 2025 BANGALORE PIN CODE NO- 577101 …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT, ORDER, OR DIRECTION IN THE NATURE OF CERTIORAN SET ASIDE THE IMPUGNED ORDER DATED 29-05- 2025 IN J1/MAG (EXTERNMENT)-107/2023-24 ANNEXURE-B PASSED BY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, CHIKKAMAGALURU BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has called in question the correctness of the order dated 29.05.2025 which is an order passed under Section 55 of the Karnataka Police Act, 1963 (for short ‘the Act’) for externment. 2. It is the case of the petitioner that in terms of the procedure under Section 58 of the Act, before an order is passed, the officer authorized is to inform the person in writing of the general nature of material allegations made against him and give him a reasonable opportunity of tendering an - 3 - HC-KAR NC: 2025:KHC:22023 WP No. 16775 of 2025 explanation regarding the said allegations and then proceed. It is submitted that such procedure has not been followed. 3. Learned Additional Government Advocate submits that there appears to be a procedural lapse. 4. Though learned Additional Government Advocate makes out contention that merits of the case warrants non- interference, however, taking note of the non-compliance of the mandatory requirement under Section 58 of the Act as pointed out above, the order at Annexure-B is set aside. Needless to state if circumstances are so made out, the authority may, upon application of mind, decide to intiate proceedings as is permissible in law. 5. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE MR