- 1 - HC-KAR NC: 2025:KHC:52132 WP No. 35660 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35660 OF 2025 (GM-PASS) BETWEEN: MRS. SUSHMA LUNAWAT WIFE OF SURENDER JAIN, AGED ABOUT 42 YEARS RESIDING AT NO.9/2, LAKSHMI ROAD, SHANTINAGAR, BANGALORE-560027 …PETITIONER (BY SRI. NISHAN G K, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU-560001 2. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS PRINCIPAL SECRETARY, SOUTH BLOCK, NEW DELHI-110001 3. PASSPORT AUTHORITY OF INDIA REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO. 8, PATIALA HOUSE, TILAK MARG, NEW DELHI-110001 4. REGIONAL PASSPORT OFFICE REPRESENTED BY ITS REGIONAL PASSPORT OFFICER, NO. 45 PRESTIGE LIBRA, NEAR URVASHI THEATRE, LALBAGH MAIN ROAD, BENGALURU-560027 …RESPONDENTS (BY SMT.K.P.YASHODA, AGA FOR R1; SMT.RESHMA THAMMAIAH, CGC FOR R2-4) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52132 WP No. 35660 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-4 TO CONSIDER THE ONLINE APPLICATION FILED BY THE PETITIONER AND RENEW THE PASSPORT BEARING NO. Z3500758 ISSUED ON 11.01.2016 AT ANNEXURE-C BELONGING TO THE PETITIONER. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Smt. Reshma Thammaiah, learned CGC accepts notice for respondent Nos.1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: a. Pass an order / writ of Mandamus directing the R-4 to consider the online application filed by the petitioner and renew the passport bearing No. Z3500758 issued on 11.01.2016 at Annexure-C belonging to the petitioner. b. Pass any such order/s as this Hon'ble court deems fit and/or grant such other reliefs in the circumstances of the case in the interest of justice and equity. 3. The grievance of the petitioner is that the online application filed by the petitioner on 19.07.2025 for re-issuance of the passport has not been considered, and the Court order has been requested to be produced for such consideration. The petitioner has - 3 - HC-KAR NC: 2025:KHC:52132 WP No. 35660 of 2025 been arrayed as accused No.4 in Crime No.185/2024 for the offences punishable under Sections 120B, 107, 468, 471, 420, 506, 149 and 34 of IPC. The petitioner had approached the Sessions Court in Crl.Misc.No.7421/2024, where an anticipatory bail has been granted to the petitioner on 29.08.2024 by the LXV Additional City Civil and Sessions Judge, Bengaluru. The petitioner had also approached this Court under Section 482 of the Code of Criminal Procedure, 1973 in W.P.No.31112/2024, wherein this Court vide order dated 26.11.2024 has directed the respondent-State not to precipitate the matter or to take any coercive steps against the petitioner. It is in that background that the petitioner is before this Court contending that once there is a stay of the criminal proceedings, the respondents ought to have processed the application for re-issuance of the passport and issued a passport. - 4 - HC-KAR NC: 2025:KHC:52132 WP No. 35660 of 2025 4. Learned counsel for respondents submits that since criminal proceedings are pending, it is only due to the stay order which had been passed that the investigation is not proceeded with. The petitioner being out on anticipatory bail, a short-validity passport could be issued subject to the petitioner obtaining necessary permission to travel abroad from the Court seized of the matter and the petitioner complying with any conditions imposed therein. 5. The said submission made by learned counsel for the respondents answers the grievance of the petitioner. As such, I pass the following: ORDER i) Writ Petition is allowed. ii) The respondents are directed to process the application filed by the petitioner for re-issuance of the passport and issue a short validity passport within 30 days from the date of receipt of a copy of this order. - 5 - HC-KAR NC: 2025:KHC:52132 WP No. 35660 of 2025 iii) Any travel out of the country by the petitioner will, however, be subject to prior permission to be obtained by the petitioner from the Court seized of the proceedings in Crime No.185/2024 and subject to any conditions that may be imposed by said Court as also the conditions imposed while granting the anticipatory bail in Crl.Misc.No.7421/2024. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 14