- 1 - HC-KAR NC: 2025:KHC:25322 WP No. 19211 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 19211 OF 2025 (GM-POLICE) BETWEEN: 1. HEMANTH KUMAR C @ MILK AGED ABOUT 37 YEARS S/O LATE CHINNE GOWDA R/AT: # 25, 4TH CROSS ARVINDANAGARA MYSORE - 570 008 … PETITIONER (BY SRI. RAJESH RAO K., ADVOCATE) AND: 1. THE STATE BY POLICE INSPECTOR KUVEMPUNAGAR POLICE STATION MYSORE - 570 023 2. ASSISTANCE COMMISSIONER KRISHNARAJA SUB DIVISION MYSORE - 571 602 3. THE STATE OF KARNATAKA REPRESENTED BY THE CHAIR PERSON MINISTRY OF HOME DEPARTMENT OF KARNATAKA Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25322 WP No. 19211 of 2025 VIDHANA SOUDHA BANGALORE - 560 001 … RESPONDENTS (BY SMT K.P.YASHODHA, AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THIS WRIT AND TO SET ASIDE THE ORDER PASSED BY THE SPECIAL EXECUTIVE MAGISTRATE AND DY. COMMISSIONER OF POLICE AT MYSORE DISTRICT U/S 55(B) OF KARNATAKA POLICE ACT, 1963 IN NO.MAG(2)/ EXTERNMENT/02/2025 VIDE ORDER DATED 28.05.2025 VIDE ANNEXURE-B AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has called in question the order dated 28.05.2025 passed under Section 55(B) of the Karnataka Police Act, 1963 at Annexure-B. 2. It is the case of the petitioner that no procedure and opportunity as contemplated under Section 58 of the Karnataka Police Act, 1963 has been followed. 3. Learned Additional Government Advocate appearing for the State on being confronted with the - 3 - HC-KAR NC: 2025:KHC:25322 WP No. 19211 of 2025 assertion of the petitioner submits that there might have been procedural lapse in not affording an opportunity of hearing to the petitioner. 4. Taking note of the said submission, the order at Annexure-B is set aside. Liberty is reserved to the State to take appropriate proceedings afresh in accordance with law, if found necessary. 5. The petition is disposed off accordingly. Sd/- (S SUNIL DUTT YADAV) JUDGE NP