- 1 - HC-KAR NC: 2025:KHC:48598 WP No. 35146 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35146 OF 2025 (GM-PASS) BETWEEN: SMT SHALINI KAMBAM W/O MANJUNATH REDDY, AGED ABOUT 45 YEARS, NO. 30/2, LAKSHMI NILAYA SHIVAJOTHI LAYOUT, SOMASUNDRA PALYA, 2ND SECTOR, HSR LAYOUT, BENGALURU CITY KARNATAKA - 560 102. …PETITIONER (BY SRI. SOMANNA K P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION, REPRESENTED BY SPP OFFICE, HIGH COURT OF KARNATAKA, BANGALORE 560 024. 2. THE REGIONAL PASSPORT OFFICER BENGALURU, 8TH BLOCK, 80 FT ROAD, KORAMANGALA, BANGALORE - 560 095. 3. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, JAWAHARLAL NEHRU BHAVAN, 23-D, JANAPATH, NEW DELHI 11011 …RESPONDENTS (BY SRI. B. RAVINDRANATH., AGA FOR R1; Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48598 WP No. 35146 of 2025 SRI. AJAY PRABHU M., CGC FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO: DIRECT THE R2 TO FORTHWITH CONSIDER AND PROCESS THE PETITIONER APPLICATION VIDE FILE NO. BN2075655598625 DATED 08.09.2025 PRODUCED AS ANNEXURE-C FOR RENEWAL/ISSUANCE OF PASSPORT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri.M.Ajay Prabhu, learned Central Government Counsel accepts notice for respondent Nos.2 and 3. 2. Learned AGA accepts notice for respondent No.1. 3. Petitioner is before this Court, seeking for the following reliefs: "a. Issue a Writ of Mandamus directing Respondent No.2 to forthwith consider and process the Petitioner application vide File No.BN2075655598625 dated 08.09.2025, produced as Annexure-C for renewal/issuance of passport. b. Issue a Writ of Mandamus directing Respondent No.2 to issue the renewed passport, herein produced as Annexure-B, in favour of the Petitioner for a period of five years." - 3 - HC-KAR NC: 2025:KHC:48598 WP No. 35146 of 2025 4. The petitioner having made an application for re- issuance of passport, the same came to be rejected on account of a charge sheet having been laid in Crime No.98/2025 for offences punishable under Sections 115(2), 329(3), 351(3), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in C.C.No.23186/2025 which is pending on the file of XXXIX Additional CJM, Bengaluru. The petitioner having filed Criminal Petition No.15157/2025, a notice has been issued in the said matter. The submission of learned counsel for the petitioner is that despite the pendency of criminal proceedings, a short validity passport be directed to be issued by the respondents and that the petitioner would comply with all the conditions that may be imposed by the Court seized of the criminal matter. 5. Learned counsel for respondents 2 and 3 would submit that any travel by the petitioner would have to be subject to the orders passed by the XXXIX - 4 - HC-KAR NC: 2025:KHC:48598 WP No. 35146 of 2025 Additional CJM, Bengaluru which is seized of C.C.No.23186/2025 and there is no permission which has been granted by the said Court permitting the petitioner to travel abroad. 6. Heard and perused the records. 7. A right to travel is an integral part of Article 21 of the Constitution of India and the said right to travel cannot be curtailed by respondents by not renewing a passport which had already been issued. A charge sheet having been laid, any travel by the petitioner would have to be with the permission and as per the conditions that may be imposed by the XXXIX Additional CJM, Bengaluru, in C.C.No.23186/2025, which would safeguard the interest of the respondents. As such, I pass the following: ORDER (i) Writ petition is allowed. - 5 - HC-KAR NC: 2025:KHC:48598 WP No. 35146 of 2025 (ii) Respondent No.2 is directed to consider and process the application of the petitioner for re- issuance of passport and to do the needful for re- issuance of a passport albeit a short validity passport within a period of fifteen days from the date of receipt of a copy of this order. (iii) It is however made clear that if the petitioner wishes to travel abroad, she shall obtain prior permission from the XXXIX Additional CJM, Bengaluru and shall comply with any conditions that may be imposed by said Court for such travel. SD/- (SURAJ GOVINDARAJ) JUDGE SBN List No.: 1 Sl No.: 15