- 1 - HC-KAR NC: 2025:KHC-D:13194 CRL.P No. 103929 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103929 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SANGAPPA @ MUTTU SHIVAPPA ANGADI, AGE. 31 YEARS, OCC. LABOURER, R/O. DASAVAL, TQ. ILKAL, DIST. BAGALKOT. … PETITIONER (BY SRI. MANOJ N. BIKKANNAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, HOME DEPARTMENT, VIDHAN SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER, BAGALKOTE SUB-DIVISION, DIST. BAGALKOTE, PIN-587 103. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13194 CRL.P No. 103929 of 2025 3. DEPUTY SUPERINTENDENT OF POLICE, SUB DIVISION, HUNAGUND. 4. CIRCLE POLICE INSPECTOR, HUNAGUND, BAGALKOTE. 5. POLICE SUB INSPECTOR, ILKAL GRAMEEN, BAGALKOTE. ALL THE RESPONDENTS REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BUILDING, DHARWAD-580 011. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE EXTERNMENT ORDER PASSED IN KRA/MAG/CR 14/2025-26 DATED: 10.09.2025 PASSED BY THE RESPONDENT NO.2 I.E., ASSISTANT COMMISSIONER BAGALKOTE SUB DIVISION BAGALKOTE, UNDER SECTION 55 OF KP ACT AGAINST THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. 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. Heard the learned counsel for the petitioner and learned HCGP for the respondents. - 3 - HC-KAR NC: 2025:KHC-D:13194 CRL.P No. 103929 of 2025 2. Petitioner is before this Court with a prayer to quash the externment order dated 10.09.2025 passed in Kra/MAG/CR14/2025-26 by respondent No.2 – Assistant Commissioner, Bagalkote Sub-Division, Bagalkote. 3. Perusal of the material on record would go to show that petitioner was issued with a Show Cause Notice dated 20.08.2025 contemplating action against him as provided under Section 55(b) of the Karnataka Police Act, 1963, based on the report dated 10.05.2023 received from the jurisdictional police. The copy of the said report based on which the Show Cause Notice was issued to petitioner was not forwarded to the petitioner along with the Show Cause Notice. Therefore, proper opportunity to appear before the competent authority and file his reply to the Show Cause Notice is prima facie not extended to the petitioner. Further a perusal of the order impugned would go to show that the competent officer has stated that the order impugned has been passed in exercise of his powers under Sections 55 and 56 of the Karnataka Police Act, 1963. The parameters for passing orders under Sections 55 and 56 of the Karnataka Police Act, 1963, are totally different and therefore, it - 4 - HC-KAR NC: 2025:KHC-D:13194 CRL.P No. 103929 of 2025 is evident that the competent authority, without proper application of mind has passed the impugned order. Orders passed under Sections 55 and 56 of the Karnataka Police Act, 1963 has serious consequence of curtailing the liberty of a person guaranteed under Article 21 of the Constitution of India, and therefore, the order passed in a mechanical manner, cannot be sustained. Accordingly, the following order:- 4. The petition is allowed. The order dated 10.09.2025 passed in Kra/MAG/CR14/2025-26 by respondent No.2 is hereby set- aside. 5. 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.: 67