- 1 - HC-KAR NC: 2025:KHC:44139 WP No. 30860 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.30860 OF 2025 (GM-PASS) BETWEEN: MR. ANUP W. S., S/O. SHIVAMURTHY WAGHMORE, AGED ABOUT 31 YEARS, D. NO. 149, AASHIRWADA NILAYA, NAGADEVANAHALLI, KENGERI. BENGALURU-560 056. …PETITIONER (BY SRI. MANJUNATHA G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY JNANABHARATI POLICE STATION, HIGH COURT BUILDING, BENGALURU- 560 090. REPRESENTED BY STATE PUBLIC PROSECUTOR. 2. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI-110001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44139 WP No. 30860 of 2025 REPRESENTED BY CENTRAL GOVERNMENT COUNSEL. 3. THE REGIONAL PASSPORT OFFICER, BENGALURU, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560 095. …RESPONDENTS (BY SMT. RESHMA THAMMAIAH, ASG FOR R2; SRI. B. RAVINDRANATH, AGA FOR R1 AND R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO A WRIT OF MANDAMUS HONBLE COURT MAY DEEM FIT DIRECTING RESPONDENT NO.1 TO CONDUCT NECESSARY POLICE VERIFICATION AND ISSUE CLEARANCE AND NOT HOLD BACK THE SAME CITING THE PENDING CRIMINAL CASE AND BASED ON THE OBSERVATION MADE BY THIS HON'BLE COURT ORDER DATED 12.09.2025 IN CRL.P NO. 3887 OF 2025 AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:44139 WP No. 30860 of 2025 ORAL ORDER 1. The petitioner is before this court seeking for the following reliefs: "a. Issue a writ of mandamus or any other writ which this Hon'ble court may deem fit directing Respondent No.1 to conduct necessary police verification and issue clearance and not hold on back the same citing the pending Criminal Case and based on the observation made by this Hon'ble court order 12/9/2025 in Crl.P.No.3887/25 as per Annexure A. b. Issue a writ of mandamus or any other writ which this Hon'ble court may deem fit to Respondent No.3 - Regional Passport Office, Bengaluru, to forthwith renew and issue the passport to the Petitioner in pursuance of BN1075356957025, as per Annexure B. c. Permit the Petitioner to travel to the United States of America from 11.01.2026 to 16.01.2026 for attending his official company event scheduled and sponsored by the company subject to such terms and conditions as this Hon'ble Court deems fit; d. Pass such other orders as this Hon'ble Court may deem fit, in the interests of justice and equity." 2. The petitioner had applied for re-issuance of his passport which is not yet considered by the respondents and is sent back. Hence, petitioner is before this Court. - 4 - HC-KAR NC: 2025:KHC:44139 WP No. 30860 of 2025 3. Ms.Reshma Thammaiah learned counsel for respondent Nos.2 and 3 submits that FIR in Cr.No.30/2023 having filed against the petitioner before the Mandya Women's Police Station, Mandya, a charge sheet has been laid and it is pending trial in CC.No.896/2023 and as such, a full validity Passport cannot be issued. Though a charge sheet has been laid, a right to travel being one which is integral to right to life under Article 21 of the Constitution of India, I am of the considered opinion that the issuance of a passport cannot be deprived of on account of a charge sheet having been laid. So the travel of the petitioner would anyway be subject to permission to be granted and the conditions imposed by the trial Court ceased of those criminal proceedings. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. - 5 - HC-KAR NC: 2025:KHC:44139 WP No. 30860 of 2025 ii. A mandamus is issued directing the respondents to consider the application of the petitioner for re-issuance of passport and issue a short validity passport within a period of 15 days from the date of receipt of a copy of this order. iii. It is however made clear that any travel of the petitioner shall be subject to approval by the Additional Civil Judge & JMFC, Mandya ceased of CC.No.896/2023 and subject to any conditions that may be imposed by a said court on the petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE DS CT: TSM List No.: 1 Sl No.: 7