- 1 - HC-KAR NC: 2025:KHC:50783 WP No. 33445 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33445 OF 2025 (GM-PASS) BETWEEN: 1. NIJAGUNI B NALWAD S/O LATE BASAVARAJ KASHIAPPA NALWAD AGED ABOUT 47 YEARS R/AT NO. 1557, 3RD FLOOR 4TH CROSS NAGAPPA BLOCK SRIRAMPURAM BENGALURU …PETITIONER (BY SRI. PAWAN SHYAM A., ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY IT'S GENERAL SECRETARY MINISTRY OF EXTERNAL AFFAIRS GOVERNMENT OF INDIA -110002 2. REGIONAL PASSPORT AUTHORITY 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BANGALORE-560095 REPRESENTED BY ITS REGIONAL PASSPORT OFFICER …RESPONDENTS (BY SRI. AJAY PRABHU M., ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50783 WP No. 33445 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECTION, DIRECTING THE R2 (REGIONAL PASSPORT AUTHORITY) TO ISSUE PASSPORT TO THE PETITIONER PURSUANT TO APPLICATION NO.25-1054729343 DATED NIL VIDE ANNEXURE- C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri.Ajay Prabhu.M., learned counsel accepts notice for respondent Nos.1 and2. 2. Petitioner is before this Court seeking for the following reliefs: "a. Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction, directing the Respondent No.2 (Regional Passport Authority) to issue passport to the Petitioner pursuant to Application No.25-1054729346 dated NIL vide Annexure-C. b. Pass any such other Order(s) as this Hon'ble Court may deem fit and proper in the facts of the case in the interest of justice and equity." 3. The grievance of the petitioner is that the request for issuance of a passport to the petitioner has not been considered by the respondents. - 3 - HC-KAR NC: 2025:KHC:50783 WP No. 33445 of 2025 4. Learned counsel for the respondent submits that the application could not be considered on account of the fact that during police verification, it came to light that a charge sheet had been laid in C.C.No.5854/2020 in Crime No.34/2020 for the offence under Section 304(A) of the erstwhile Indian Penal Code. His submission is that since criminal proceedings are still pending, the aspect of issuance of passport could not be taken up. 5. Learned counsel for the petitioner submits that laying of the charge sheet has been challenged in Criminal Petition No.9470/2022 before this Court and this Court, vide Order dated, 29.09.2022 has stayed the further proceedings in said matter and as such, the respondents ought to have considered the application submitted by the petitioner for issuance of passport. 6. Heard the learned counsel for the petitioner and learned counsel for the respondents and perused the papers. 7. Though learned counsel for the respondents submit that the prior condition for applying for passport and - 4 - HC-KAR NC: 2025:KHC:50783 WP No. 33445 of 2025 consideration of the said application is an approval/permission from the Court seized of the criminal proceedings, in the present matter, taking into consideration that those proceedings have been stayed by order dated 29.09.2022 of this Court in Criminal Petition No. 9470/2022, the trial Court would be unable to grant any such permission on stay having been granted. 8. As such, I am of the considered opinion that this Court could direct the respondents to issue a short validity passport, but however making any travel of the petitioner subject to permission granted by the Court seized of C.C.No.5854/2020 as also subject to the conditions that may be imposed in those proceedings. In that regard, the operation of the stay in Criminal Petition No.9470/2022 is directed not to apply for the purpose of consideration of such an application as and when filed by the petitioner. 9. In the above background, I pass the following: ORDER i) Writ petition is allowed. - 5 - HC-KAR NC: 2025:KHC:50783 WP No. 33445 of 2025 ii) A mandamus is issued directing respondent No.2 to consider the application filed by the petitioner for issuance of passport and consider the application without reference to the pendency of the above criminal proceedings and issue a short validity passport. iii) The travel of the petitioner shall, however, be subject to prior approval of such travel by the 37th ACJM Bengaluru, who is seized of C.C.No.5854/2020 and the conditions that may be imposed by said Court on the travel of the petitioner. iv) Needless to say, if no such permission is obtained, the petitioner would not be entitled to travel. Sd/- (SURAJ GOVINDARAJ) JUDGE VM List No.: 1 Sl No.: 8