- 1 - HC-KAR NC: 2025:KHC-D:12876 CRL.RP No. 100343 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100343 OF 2025 (397(CR.PC)/438(BNSS)) BETWEEN: SHANKARAPPA @ KAYIGADDE SHANKARAPPA @ SHIVASHANKAR S/O LATE HANUMANTAPPA, AGE. 51 YEARS, OCC. COOLIE, R/O. WARD NO.6, NEAR SYNDICATE BANK, EMMINGANUR KURUGODU, DIST. BALLARI-587 101. … PETITIONER (BY SRI. SRINIVAS NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ASSISTANT COMMISSIONER, BALLARI AND SUB DIVISIONAL MAGISTRATE BALLARI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 011. 2. THE SUPERINTENDED OF POLICE, BALLARI DISTRICT, BALLARI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATKA, DHARWAD BENCH-580 011. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. (UNDER SECTION 438 R/W 442 OF BNSS), PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 02.08.2025 ORDER NO.SAM/KAM/MAG/GADIPARU/27/2025-26 PASSED BY 1ST RESPONDENT ASSISTANT COMMISSIONER AND SUB DIVISIONAL MAGISTRATE BALLARI, IN THE ENDS OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12876 CRL.RP No. 100343 of 2025 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court under Section 438 of BNSS, 2023 with a prayer to set-aside the impugned order dated 02.08.2025, passed by respondent No.1 – Assistant Commissioner and Sub-Divisional Magistrate, Ballari in proceedings bearing No.SAM/KAM/MAG/ GADIPARU/27/2025-26 in exercise of its power under Section 55 of the Karnataka Police Act, 1963. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that principles of natural justice has not been followed in the present case. The petitioner has filed a detailed objection before the competent authority, which has not been considered in the present case and the enquiry as provided under Section 58 of the Karnataka Police Act, has not been - 3 - HC-KAR NC: 2025:KHC-D:12876 CRL.RP No. 100343 of 2025 conducted in the present case. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition and submits that petitioner is a person with criminal antecedents and the order impugned has been passed after following the procedure as provided under statute. 5. A perusal of the material on record would go to show that after the Show Cause Notice was served on the petitioner, he has filed detailed objections before the competent authority on 01.08.2025. Perusal of the impugned order would go to show that the said objections has not been considered by the competent authority and an opportunity of hearing as provided under 58 of the Karnataka Police Act, 1963, has not been extended to the petitioner. Objections have been filed in the present case on 01.08.2025 and the order impugned has been passed on 02.08.2025 externing the petitioner for a period of two months from 02.08.2025 to 02.11.2025. The order of - 4 - HC-KAR NC: 2025:KHC-D:12876 CRL.RP No. 100343 of 2025 externment has got serious consequences of curtailing liberty of a person guaranteed under Article 21 of the Constitution of India. Therefore, the order passed under Section 55 (a) of the Karnataka Police Act, 1963, should be in strict compliance of the principles of natural justice. Under the circumstances, the following order:- 6. The petition is allowed. The order dated 02.08.2025 in proceedings bearing No.SAM/KAM/MAG/ GADIPARU/27/2025-26 passed by respondent No.1 is hereby set-aside. 7. In view of the disposal of the main petition, pending interlocutory application if any, does not survive for consideration. Hence, disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN CT:BCK LIST NO.: 1 SL NO.: 94