- 1 - HC-KAR NC: 2025:KHC:40833 WP No. 30992 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30992 OF 2025 (GM-PASS) BETWEEN: SRI. K. S. ESHWARAPPA, S/O. LATE SHARANAPPA, AGED 77 YEARS, PRESENTLY RESIDING AT JAYALAXMI NILAYA, 1ST MAIN ROAD, GUNDAPPA SHED, MALLESHWARA LAYOUT, SHIVAMOGGA - 577 201. …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS SECRETARY, SOUTH BLOCK, NEW DELHI - 110 011. 2. REGIONAL PASSPORT OFFICER 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560 095. 3. SUPERINTENDENT OF POLICE SHIMOGGA, BENGALURU HONNAVAR ROAD, ANNA NAGAR SHIMOGGA - 577 202. 4. STATION HOUSE OFFICER KOTE POLICE STATION, SHIMOGGA DISTRICT - 577 205. …RESPONDENTS (BY SRI. SHANTI BHUSHAN H., DSGI FOR R1 AND R2; SRI. B. RAVINDRANATH, AGA FOR R3 AND R4) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40833 WP No. 30992 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 REGIONAL PASSPORT OFFICER TO ISSUE THE RENEWED PASSPORT AS PER APPLICATION NO. BNG075522755925 (ANNEXURE-D) 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. Learned AGA accepts notice for respondent Nos.3 and 4. 2. Sri.Shanthi Bhushan, learned DSGI accepts notice for respondent Nos.1 and 2. 3. The Petitioner is before this court seeking for the following reliefs: a) Issue a Writ of Mandamus directing Respondent No.2 Regional Passport Officer to issue the renewed passport as per application No.BNG075522755925 (Annexure-D). b) Direct Respondent No.4 Police to submit the police verification report to Respondent No.2 without delay. - 3 - HC-KAR NC: 2025:KHC:40833 WP No. 30992 of 2025 c) Grant further relief as this Hon'ble Court deems fit and proper in the interest of justice and equity. 4. The grievance of the petitioner is that the application which had been filed by the petitioner for renewal/ re-issuance of the passport has not been considered by the respondent. 5. Sri.Shanti Bhushan, learned DSGI submits that the same could not be considered favourably on account of several criminal proceedings which are pending against the petitioner in some of which charge sheet has been laid. 6. Irrespective of criminal proceedings being filed against the petitioner, the right to travel guaranteed under Article 21 of the Constitution of India cannot be taken away by the respondents by not re-issuing the passport which had already been issued to the petitioner. - 4 - HC-KAR NC: 2025:KHC:40833 WP No. 30992 of 2025 7. I am of the considered opinion that by imposing suitable conditions on the petitioner, the respondents could be directed to re-issue a short validity passport to the petitioner on account of the criminal proceedings which are pending and as such, I pass the following: ORDER (i) The writ petition is partly allowed and mandamus is issued directing respondent No.2 to consider the application of the petitioner at Annexure-D and re-issue the passport with short validity. (ii) The petitioner shall in the event wanting of leave the Country he has to inform the jurisdictional Court where criminal proceedings are pending of his intention to leave the Country 7 days prior to the intention to leave the Country as also to inform the jurisdictional Court within 7 days after his return back to the Country. - 5 - HC-KAR NC: 2025:KHC:40833 WP No. 30992 of 2025 (iii) The travel of the petitioner shall be subject to any conditions already imposed in the bail order granted by the Courts where the criminal proceedings are pending. Sd/- (SURAJ GOVINDARAJ) JUDGE NS CT:TSM List No.: 1 Sl No.: 43