- 1 - HC-KAR NC: 2025:KHC-D:10579 CRL.RP No. 100236 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100236 OF 2025 (397(CR.PC)/438(BNSS)) BETWEEN: RATAN ANIL PATIL, AGE. 25 YEARS, OCC. STUDENT, R/O. ASHRAYA BADAVANE, TQ. GOKAK, DIST. BELAGAVI, PIN-591 307. … PETITIONER (BY SRI. R.S. HATTIKATAGI, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. 2. THE DY. S.P. GOKAK, GOKAK, DIST. BELAGAVI-591 307. 3. THE CIRCLE POLICE INSPECTOR, GOKAK, BELAGAVI-591 307. 4. THE POLICE SUB INSPECTOR, GOKAK TOWN POLICE STATION, GOKAK, DIST. BELAGAVI-591 307. RESPONDENT NO.1 TO 4 R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10579 CRL.RP No. 100236 of 2025 THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. (UNDER SECTION 438 R/W 442 OF BNSS), PRAYING TO SET ASIDE THE ORDER PASSED BY THE 1ST RESPONDENT BEARING NO.MAG/CR-39/2025-26 DATED 13.06.2025 ORDERING EXTERNMENT AGAINST THE REVISION PETITIONER FOR THREE MONTHS VIDE ANNEXURE-B TO THE REVISION PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court assailing the order dated 13.06.2025 passed by respondent No.1 in the proceedings bearing No.MAG / CR-39 / 2025-26, which is passed by respondent No.1 in exercise of its power under Section 56 of the Karnataka Police Act. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that the petitioner has not been convicted in any of the cases registered against him till date and therefore the order impugned cannot be sustained. - 3 - HC-KAR NC: 2025:KHC-D:10579 CRL.RP No. 100236 of 2025 4. Per contra, learned HCGP has opposed the petition. 5. Section 56 of the Karnataka Police Act, 1963 reads as under: 56. Removal of persons convicted of certain offences.— If a person has been convicted at any time either before or after the commencement of this Act,— (a) of an offence under Chapter XII, XVI or XVII of the Indian Penal Code (Central Act 45 of 1860); or (b) of an offence under section 6 of 13 of the Mysore Mines Act, 1906 (Mysore Act 4 of 1906); or (c) of an offence under section 86 of the Karnataka Forest Act, 1963 (Karnataka Act 5 of 1964); or (d) twice of an offence under section 19 of the Mysore Prohibition of Beggary Act, 1944 (Mysore Act 33 of 1944) or any other corresponding law in force in any area of the State; or (e) twice of an offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956); or (f) twice of an offence under the Untouchability (Offences) Act, 1955 (Central Act 22 of 1955); or (g) thrice of an offence within a period of three years under section 78, 79 or 80 of this Act; or (h) thrice of an offence within a period of three years under sections 32, 34, 37 or 38A of the Karnataka Excise Act 1965, (Karnataka Act 21 of 1966), the Commissioner, the District Magistrate, or any Sub-divisional Magistrate specially empowered by the Government in this behalf, if he has reason to believe that such person is likely again to engage himself in the commission of an offence similar to that for which he was convicted, may direct such person to remove himself outside the area within the local limits of his jurisdiction or such area or any district or districts or any part thereof contiguous thereto, by such route and within such time - 4 - HC-KAR NC: 2025:KHC-D:10579 CRL.RP No. 100236 of 2025 as the said officer may specify and not to enter or return to the place from which he was directed to remove himself. Explanation.— For the purpose of this section “an offence similar to that for which a person was convicted” shall mean,— (i) in the case of a person convicted of an offence mentioned in clause (a), an offence falling under any of the Chapters of the Indian Penal Code mentioned in that clause; and (ii) in the case of person convicted of an offence mentioned in clauses (e) and (f), an offence falling under the provisions of the Acts mentioned respectively in the said clauses. 6. In the order impugned, it is mentioned that the petitioner is involved in six criminal cases. However, there is no mention in the order that the petitioner has been convicted in any one of the criminal cases registered against him. Section 56 provides for removal of persons convicted of certain offences as mentioned in the said provision. It is not in dispute that the petitioner has not been convicted till date in any case registered against him. 7. In the show cause notice issued to the petitioner, it is very clearly mentioned that the proceedings is being initiated against the petitioner under Section 56(g) of the Karnataka Police Act. For the purpose of section 56(g) of the Act, the person should have been convicted thrice for - 5 - HC-KAR NC: 2025:KHC-D:10579 CRL.RP No. 100236 of 2025 an offences under Sections 78, 79 or 80 of the Karnataka Police Act within a period of three years. Therefore, the order impugned passed by the first respondent is liable to be set aside on this short ground. Even otherwise, the material on record would go to show that the order impugned has been passed without complying with the requirement of Section 58 of the Karnataka Police Act. Under the circumstances, the following: ORDER (i) The Criminal Petition is allowed. (ii) The order dated 13.06.2025 passed by respondent No.1 in the proceedings bearing No.MAG / CR-39 / 2025-26 is set aside. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 79