- 1 - HC-KAR NC: 2025:KHC-D:9781 WP No. 105093 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105093 OF 2025 (GM-POLICE) BETWEEN: NAGARAJ S/O. ULAVAPPA SANGOLLI, AGE. MAJOR, OCC. AGRICULTURE, R/O. K.C. NAGAR, 2ND CROSS, BAILHONGAL-591102, TQ. BAILHONGAL, DIST. BELAGAVI. …PETITIONER (BY SRI. BASAVARAJ MATHAPATI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560007 2. THE ASSISTANT COMMISSIONER CUM SUB-DIVISIONAL MAGISTRATE, BAILHONGAL SUB-DIVISION, DIST. BELAGAVI. 3. POLICE INSPECTOR, BAILHONGAL POLICE STATION, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM., AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED EXTERNMENT ORDER DATED 21.06.2025 AND REVISED ORDER DATED 24.06.2025 BEARING Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9781 WP No. 105093 of 2025 NO.MAG/CR-38/2025-26 PASSED BY RESPONDENT NO.2 VIDE ANNEXURE-D AND D1 RESPECTIVELY IN THE INTEREST OF JUSTICE AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the impugned externment order dated 21.06.2025 and revised order dated 24.06.2025 bearing No. MAG/CR- 38/2025-26 passed by R2 vide Annexure-D and D1 respectively in the interest of justice. ii. Pass such other or further orders as this Hon’ble Court may deem fit, proper and necessary in the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioner is challenging the proposal dated 28.04.2025 forwarded by respondent No.3 to respondent No.2, notice dated 6.05.2025 issued by respondent No.2 in connection with the proposal for externment of the petitioner and the subsequent order passed therein on 24.06.2025. - 3 - HC-KAR NC: 2025:KHC-D:9781 WP No. 105093 of 2025 3. The submission of learned counsel for the petitioner is that the fundamental rights of the petitioner have been encroached upon and infringed by way of the externment order and in this regard, he relies upon the decision of a Coordinate Bench of this court dated 8.08.2023 passed in W.P. No.104804/2023 [MAHANTAYYA S/O IRAPAYYA RADAHATTI -v- STATE OF KARNATAKA] and submits that despite there being an appellate remedy, this court could exercise jurisdiction under Article 226 of the Constitution of India. 4. Having perused the judgement in Mahantayya’s case, it is seen that the allegations made against the petitioner therein were all relating to non-cognizable offences, whereas in the present case, some of the offences which have been alleged against the petitioner are under Section 307, 323, 324, as also under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Such - 4 - HC-KAR NC: 2025:KHC-D:9781 WP No. 105093 of 2025 being the case, the decision in Mahantayya’s case would not be applicable to the present matter since many of the offences which are alleged against the petitioner are cognizable offences and not non- cognizable offences as was the case in Mahantayya’s Judgment. 5. In that view of the matter, I pass the following: ORDER The petition is dismissed, reserving liberty to the petitioner to avail the appeal remedy under Section 59 of the Karnataka Police Act, 1963. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 68