- 1 - HC-KAR NC: 2025:KHC-D:10790 CRL.RP No. 100309 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100309 OF 2025 (397(CR.PC)/438(BNSS)) BETWEEN: T. PAMPAPATHI @ STORE PAMPAPATHI S/O LATE THIMAPPA, AGE. 51 YEARS, R/O. AMBEDKAR COLONY, KUDATHINI VILLAGE, BELLARI TALUK, DIST. BELLARI-583 115. … PETITIONER (BY SMT. SUNITHA P. KALASOOR, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER AND SUB DIVISIONAL MAGISTRATE, BELLARI DISTRICT, PIN-583 101. 2. SUPERINTENDENT OF POLICE, BELLARI DISTRICT, BALLARI-583 101. 3. CIRCLE INSPECTOR, KURUGODU CIRCLE, BELLARI BELLARI-583 116. 4. POLICE INSPECTOR, KUDATHINI POLICE STATION, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10790 CRL.RP No. 100309 of 2025 BELLARI DISTRICT, PIN-583 115. 5. THE STATE OF KARNATAKA, REP. BY SPP, HIGH COURT OF KARNATAKA, DHARWAD, (RESPONDENT NO.2 IS REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH). … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R5) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 R/W 442 OF BNSS, PRAYING TO SET ASIDE THE ORDER PASSED O 02.08.2025 PASSED IN NO. SUM/KUM/ M.A.G/GADIPARU/25/2025-26 PASSED BY THE ASST. COMMISSIONER AND SUB DIVISIONAL MAGISTRATE, BALLARI PRODUCED AT ANNEXURE-‘A’ AND CALL FOR THE RECORDS IN SUM/KUM/ M.A.G/GADIPARU/25/2025-26 ON 02.08.2025 BY ASST. COMMISSIONER AND SUB DIVISIONAL MAGISTRATE, BALLARI. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10790 CRL.RP No. 100309 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to set aside the order dated 02.08.2025 passed by the respondent No.1 in proceedings bearing No..Sam / Kam / M.A.G. / Gadiparu / 25 / 2025-26 in exercise of his powers under Section 55(a) of the Karnataka Police Act. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that similar externment order was earlier passed against the petitioner on 28.03.2023, which was stayed by this Court. No fresh case has been registered against the petitioner thereafter. Inspite of the same, once again a fresh externment order has been passed mechanically by the respondent No.1. 4. Per contra, learned HCGP who has opposed the petition, however, does not dispute the submission made by the counsel for the petitioner. 5. Perusal of the material on record would go to show that based on the report received from the Jurisdictional Police Officer, proceedings under Section 55(a) of the Karnataka Police Act was initiated against the petitioner and vide the impugned - 4 - HC-KAR NC: 2025:KHC-D:10790 CRL.RP No. 100309 of 2025 order dated 02.08.2025, an order of externment, externing the petitioner for the period from 02.08.2025 till 02.11.2025 from the limits of Ballari District has been passed. From a reading of the impugned order itself, it is found that earlier a similar order was passed on 28.03.2023, taking into consideration the background of the petitioner and also the number of cases registered against him. 6. Reading of the impugned order would also go to show that the last criminal case registered against the petitioner is in Crime No.52 of 2022 for offence punishable under Section 304 of IPC. Thereafter, no criminal case has been registered against him. The earlier externment order dated 28.03.2023 passed against the petitioner was questioned by him before this Court in W.P. No.102193 of 2023 and the said writ petition was disposed of directing the petitioner to file an appeal before the competent authority and till disposal of the appeal, the order dated 28.03.2023 was directed not to be implemented. The impugned order has been now passed against the petitioner even though no fresh case has been registered against him, except proceedings under Section 107 of Cr.P.C. Even otherwise, the reasonable apprehension to arrive at a conclusion that the - 5 - HC-KAR NC: 2025:KHC-D:10790 CRL.RP No. 100309 of 2025 petitioner is likely to commit offences which is the requirement for the purpose of Section 55(a) of the Karnataka Police Act, has not been mentioned in the order impugned. Any order passed under Section 55 or 56 of the Karnataka Police Act, has a serious consequence which would effect the right to liberty of a person which is guaranteed under the Constitution of India and therefore, if no proper application of mind is found such orders cannot be sustained. 7. Under the circumstances, I am of the opinion that the order impugned cannot be sustained. Accordingly the following: ORDER Petition is allowed. The order dated 02.08.2025 passed by the respondent No.1 in proceedings bearing No.Sam / Kam / M.A.G. / Gadiparu / 25 / 2025-26 in exercise of his powers under Section 55(a) of the Karnataka Police Act is set aside. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 51