- 1 - HC-KAR NC: 2025:KHC:28950 WP No. 20953 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20953 OF 2025 (GM-PASS) BETWEEN: MR. PRAKASHCHAND BAFNA SON OF LATE MR. KAWARILAL AGED ABOUT 65 YEAS, RESIDING AT RRBC PRATHAM, FLAT NO. 302, 17TH CROSS, 4TH MAIN ROAD, SIDDANNA LAYOUT, BANASHANKARI 2ND STAGE, BENGALURU - 560 070. …PETITIONER (BY SMT. LEKHA CHANDRASHEKAR, ADVOCATE FOR SRI. RAGHURAM CADAMBI.,ADVOCATE) AND: UNION OF INDIA, REPRESENTED BY REGIONAL PASSPORT OFFICER 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BANGALORE - 560 095. …RESPONDENT (BY SRI.ADITYA SINGH., CGC) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT IN FILE NO. BN Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28950 WP No. 20953 of 2025 1077557542325 DATED 16.04.2025 ISSUED BY THE RESPONDENT WHEREBY THE PETITIONER PASSPORT APPLICATION HAS NOT BEEN PROCESSED (ANNX-A); DIRECTING THE RESPONDENT TO ISSUE A REGULAR PASSPORT (VALID FOR TEN YEARS) TO THE PETITIONER FORTHWITH. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner stands trial for different offences in CC No.13836/2022 pending on the file of the XXIV ACMM, Bengaluru [for short, ‘the trial Court'], and the petitioner is admitted to anticipatory bail on terms. The petitioner, who has applied for a change in the name, has also filed an application with the trial Court for permission to travel abroad because his daughter who is staying abroad is in the family way. In conjunction, the petitioner has also filed an application for re-issuance of the Passport. The - 3 - HC-KAR NC: 2025:KHC:28950 WP No. 20953 of 2025 petitioner has filed this petition because the respondent has not processed such application. Sri Aditya Singh, the learned Central Government Counsel, submits that the re-issuance of Passport will be subject to the orders of the Court in the pending criminal proceedings and this in fact has been the respondent's consistent stand, and that this Court has also disposed of similar petitions with liberty to the concerned to approach the criminal Courts for necessary permission. This Court's attention is drawn to the decision of this Court in W.P. No.18041/2025. Sri Aditya Singh further submits that this Court must observe that if the petitioner proposes to pursue the application for a change in name in the passport, the petitioner must comply with the requirements such as taking out paper publication and filing affidavit of the proposed change. - 4 - HC-KAR NC: 2025:KHC:28950 WP No. 20953 of 2025 Ms. Lekha Chandrashekar, the learned counsel for the petitioner, is heard in the light of these submissions, and the learned counsel submits that the petition could indeed be disposed of permitting the petitioner to make an application in CC No.13836/2022 for relief on re-issuance of passport calling upon the trial Court to decide the pending application as also the application that the petitioner will now file in terms of the liberty. In the light of the afore, the following ORDER [A] The petition is disposed of with liberty to the petitioner to make an application in CC No.13836/2022 pending on the file of the XXIV CMM, Bengaluru [the Trial Court] for directions on re- issuance of the Passport. [B] The petitioner will be at liberty to make such application within a week from - 5 - HC-KAR NC: 2025:KHC:28950 WP No. 20953 of 2025 today on advancement of the proceedings. [C] If the application is filed, the trial Court is called upon to decide on such application and the petitioner’s application filed for permission to travel abroad contemporaneously. [D] It is needless to observe that this Court has observed nothing on the merits of the petitioner's case. [E] If the trial Court permits the petitioner to travel abroad with directions to the respondent to re-issue passport, the petitioner, if particular about the change in name, shall comply with the requirements. SD/- (B M SHYAM PRASAD) JUDGE NV