Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47855 WP No. 34125 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 34125 OF 2025 (GM-PASS) BETWEEN:
1.
SRI KIRAN SRINIVSA S/O SRI SRINIVASA SIDDAPPA AGED ABOUT 46 YEARS R/O SE803, SAPTAGIRI SPLENDOR 28/1, BTM 4TH STAGE, 2ND BLOCK DEVARACHIKKANAHALLI BENGALURU 560 076. …PETITIONER (BY SRI. SIDDANOORU VISHWANATHA., ADVOCATE) AND:
1.
UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS REGIONAL PASSPORT OFFICE BENGALURU REP. BY REGIONAL PASSPORT OFFICER 80 FEET ROAD, 8TH BLOCK KORAMANGALA BENGALURU BENGALURU 560 095.
2.
REGIONAL PASSPORT OFFICE REP. BY REGIONAL PASSPORT OFFICER 80 FEET ROAD, 8TH BLOCK KORAMANGALA BENGALURU BENGALURU 560 095. …RESPONDENTS (BY SRI. SHANTHI BHUSHAN., DSGI FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET-ASIDE THE IMPUGNED ENDORSEMENT DATED 07/03/2025 BEARING NO. NIL (FILE NO. BN1077439227125 LETTER REF. NO. OBJ/321039423/25) ISSUED BY THE RESPONDENT NO.2 OBJECTING TO REISSUE THE
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:47855 WP No. 34125 of 2025
NORMAL VALIDITY PASSPORT TO THE PETITIONER VIDE., ANNEXURE-N AND ETC.
THIS PETITION, COMING ON FOR PRELIMINAwRY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The Petitioner is before this Court seeking for the following reliefs; (a) Issue Writ of Certiorari or other Writ setting-aside the impugned Endorsement dated 07/03/2025 bearing no. NIL (File No. BN1077439227125 Letter Ref. No. OBJ/321039423/25) issued by the Respondent No.2 objecting to reissue the normal validity passport to the Petitioner vide., Annexure-N;
(b) Issue Writ of Mandamus or other appropriate Writ directing the Respondents to issue Normal Validity Passport to the Petitioner as per the online Application submitted by the Petitioner dated 25/02/2025 vide., Annexure-J;
(c) Issue Writ of Mandamus or other appropriate writ or Direction to the Respondent No.2 to issue Short Validity Passport to the Petitioner in view of the precondition requisite for the present job of the Petitioner which involves overseas travelling; and
(d) To pass such other order or direction that this Hon'ble Court deems fit to pass in the circumstances of the case and in the interest of justice and equity.
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HC-KAR NC: 2025:KHC:47855 WP No. 34125 of 2025
2. The Petitioner had made an application for re- issuance of his passport, which came to be rejected by the Respondents on account of a charge sheet having been laid in C.C.No.28/2025 for the offence punishable under Section 106(1) of the BNS Act,
2023.
3.
Learned counsel for the Petitioner submits that the said proceedings arose out of a motor vehicle accident, there are no other criminal proceedings which have been initiated against the Petitioner. His submission is that the said proceedings arose on account of an accident which was unintentional, which is being contested by the petitioner. His submission is that the Petitioner has now succeeded and obtained a job offer in WSP Consultants India Private Limited, one of the conditions imposed by the employer is that the Petitioner is required to have a valid passport, which needs to be obtained within two months of joining period.
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HC-KAR NC: 2025:KHC:47855 WP No. 34125 of 2025
4. Submission of learned counsel for the Petitioner is that the said condition cannot be complied with by the petitioner due to the rejection made by the Respondents.
5. Having considered the facts of the matter and having gone through the documents, it is clear that there is only one proceeding which is pending against the Petitioner in C.C.No.28/2025 as regards Motor Vehicle Accident under Section 106(1) of the BNS Act, 2023. The Petitioner does not wish to travel abroad but it is only required to hold a passport.
6. In that view of the matter, I am of the considered opinion that the respondents could be directed to issue a short validity passport to the Petitioner. The travel of the petitioner will however be subject to permission being obtained from the Court seized of C.C.No.28/2025 as well subject to the conditions that may be imposed therein. As such, I pass the following
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HC-KAR NC: 2025:KHC:47855 WP No. 34125 of 2025
ORDER i. Writ petition is allowed, ii. A certiorari is issued, the endorsement dated 07.03.2025 issued by Respondent No.2 at Annexure-N, is hereby set aside. iii. Respondent No.2 is directed to consider the application of the Petitioner for issuance of passport and issue a short validity passport in terms of the observation made hereinabove. iv. It is further made clear that the travel of the Petitioner shall be subject to prior permission of the trial Court and in compliance with the terms and conditions that may be imposed therein.
Sd/- (SURAJ GOVINDARAJ) JUDGE
KTY List No.: 1 Sl No.: 9