- 1 - HC-KAR NC: 2025:KHC-D:12056 CRL.P No. 103692 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103692 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SUDEEP S/O SADASHIVA MEESI, AGED ABOUT 23 YEARS, OCC. BUSINESS, R/O. RUDRASWAMI PETH, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587 201. … PETITIONER (BY SRI. VIJAY C. CHINIWAR, ADVOCATE FOR SRI. K.S. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY THE POLICE SUB-INSPECTOR, JAMKHANDI, BAGALKOT, DIST. BAGALKOT, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA-580 011. 2. THE ASSISTANT COMMISSIONER, SUB-DIVISIONAL OFFICER, JAMKHANDI AND SUB-DIVISIONAL MAGISTRATE JAMKHANDI, DIST. BAGALKOT-587 201. 3. THE DEPUTY SUPERINTENDENT OF POLICE SUB-DIVISION, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12056 CRL.P No. 103692 of 2025 JAMKHANDI, DIST. BAGALKOT-587 201. 4. THE POLICE CIRCLE INSPECTOR, JAMKHANDI, DIST. BAGALKOT-587 201. 5. THE PSI, JAMAKHANDI, DIST. BAGALKOT-587 201. 6. THE SUPERINTENDENT OF POLICE, BAGALKOT-587 201. … 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 IMPUGNED ORDER OF EXTERNMENT DATED 29.07.2025 BEARING NO.KRA/MAG/CR-298885/2025-26 PASSED SUB-DIVISIONAL OFFICER JAMKHANDI AND SUB- DIVISIONAL MAGISTRATE JAMKHANDI DISTRICT: BAGALKOT UNDER SECTIONS 55 AND 56 OF KARNATAKA POLICE ACT RESPONDENT NO.2 AT VIDE ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12056 CRL.P No. 103692 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner is before this Court assailing the externment order dated 31.07.2025 bearing No.KRA/MAG/CR-298885/2025-26 passed by the respondent No.2-Assistant Commissioner externing the petitioner for a period of five months from the limits of Jamakhandi Sub-Division to Alanda Taluk in Kalaburgi District. 2. Heard learned counsel for the petitioner and the learned HCGP for the respondents. 3. The material on record would go to show that Show Cause Notice dated 17.05.2025 was received by the petitioner from respondent No.2 proposing action against him under Section 55(b) of the Karnataka Police Act, 1963. The said notice is not accompanied with the report of the police officer, based on which, Show Cause Notice has been issued to the petitioner. Therefore, it is apparent that the impugned proceeding initiated against the petitioner is - 4 - HC-KAR NC: 2025:KHC-D:12056 CRL.P No. 103692 of 2025 violative of principles of natural justice and procedure contemplated under Section 58 of the Karnataka Police Act, 1963 is not complied in this case. 4. The petitioner will not be in a position to submit a proper objection or reply to the Show Cause Notice in the absence of the report of the jurisdiction of police based on which the proposed action is contemplated by the respondent No.2. In addition to the same, the material on record would go to show that the impugned order has been passed in the present case on 31.07.2025 whereas the letter under which the impugned order dated 31.07.2025 is forwarded to the petitioner is dated 29.07.2025. For the purpose of passing an order under Section 55 of the Karnataka Police Act, the competent authority is required to assign reasons, which would prima facie go to show that apprehension expressed by the Jurisdictional Police, which has resulted in initiating proceedings against the petitioner is justified. - 5 - HC-KAR NC: 2025:KHC-D:12056 CRL.P No. 103692 of 2025 5. Further, though the Show Cause Notice is issued against the petitioner contemplating action under Section 55 of the Karnataka Police Act, the operative portion of the order would go to show that the impugned order has been passed in exercise of powers under Sections 55 and 56 of the Karnataka Police Act. The requirements of Section 55 and Section 56 of the Act are all together different, and therefore, it is apparent that there is no application of mind by the competent officer before passing the impugned order. Under the circumstances, I am of the opinion that the impugned order cannot be sustained. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The externment order dated 31.07.2025 bearing No.KRA/MAG/CR-298885/2025-26 passed by the respondent No.2-Assistant Commissioner externing the petitioner from - 6 - HC-KAR NC: 2025:KHC-D:12056 CRL.P No. 103692 of 2025 the limits of Jamakhandi Sub-Division to Alanda Taluk in Kalaburgi District is set aside. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK/LIST NO.: 1 SL NO.: 47