- 1 - HC-KAR NC: 2025:KHC:54019 WP No. 37511 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37511 OF 2025 (GM-POLICE) BETWEEN: SRI. SUNIL S/O. SANGAYYA, AGED ABOUT 40 YEARS R/AT BAIKERE GRAMA, SAKLESHPURA TALUK, HASSAN - 573 134 AADHAR NO. 8881 4001 9797 …PETITIONER (BY SRI.SAGAR V.SHASTRI, ADVOCATE) AND: 1. STATE OF KARNATAKA (LAW AND ORDER) DEPARTMENT OF HOME, VIDHANA SOUDA, BENGALURU - 560 001 REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT. 2. THE DEPUTY COMMISSIONER, AND DISTRICT MAGISTRATE HASSAN DISTRICT, HASSAN - 573 201. 3. POLICE INSPECTOR SAKLESHPUR CITY POLICE STATION, SAKLESHPUR TALUK, HASSAN - 573 134 4. SUPERINTENDENT OF POLICE R.C. ROAD, OPP. GOVT HOSPITAL, HASSAN DISTRICT - 573 201. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54019 WP No. 37511 of 2025 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 01.12.2025 PASSED BY R1 IN CASE NO. HD178KAA2025 AS PER ANNX-G IN CONFIRMING THE ORDER DATED 11.07.2025 IN CASE NO.MAG 675/2024-25 PASSED BY R2 AS PER ANNX-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 Additional Government Advocate accepts notice for the respondents. 2. The petitioner is before this Court seeking for the following reliefs. "a. Issue a Writ of Certiorari or any other appropriate Writ or Order quashing the Order dated 01.12.2025 passed by Respondent No.1 in Case No. HD178KAA2025, as per Annexure G, in confirming the Order dated 11.07.2025 in Case No.M.A.G: 675/2024-25 passed by Respondent No.2, as per Annexure D b. Grant such other relief or reliefs as this Hon'ble High Court may be pleased to grant in the facts and circumstances of the case in the interest of justice and equity." 3. The grievance of the petitioner is that the appeal filed under Section 59 of the Karnataka Police Act, 1963 (for short, 'the Act') has been dismissed by respondent No.2 without providing adequate reasons. Having gone through Annexure-C, which is an order passed in appeal under - 3 - HC-KAR NC: 2025:KHC:54019 WP No. 37511 of 2025 Section 59 of the Act, it is clear that there is a complete lack of application of mind on the part of respondent No.2 and no reasons have been provided as to why the petitioner is required to be externed in terms of Section 55 of the Act. An externment order impinging upon a fundamental right of the petitioner and a right to life and liberty under Article 21. It is but required that when any authority judicial, quasi-judicial or administrative were to exercise powers under any particular enactment impinging on those rights, the order passed should be clear, specific and ex-facie evident of the application of mind and the reasons why such an externment order has to be passed. 4. In the present matter, except for stating that respondent No.2 is satisfied that the petitioner has to be externed, there are no reasons which have been provided, the object in the appeal memo and the content thereof have only been reproduced in the said order without appreciation of those contentions. In that view of the matter, I pass the following: - 4 - HC-KAR NC: 2025:KHC:54019 WP No. 37511 of 2025 ORDER i. The Writ petition is allowed. ii. The order dated 01.12.2025 passed by respondent No.1 in Case No.HD178KAA2025 as per Annexure-G is set aside. iii. Matter is remitted to respondent No.2 for fresh consideration in accordance with law and the observation made hereinabove. Since the order is passed in the presence of the counsel for the petitioner, the petitioner shall appear before respondent No.2 without requirement of any further notice on 12.01.2026 at 02.30 p.m. iv. In view of the dismissal of the main matter, I.A.No.1/2025 does not survives for consideration. SD/- (SURAJ GOVINDARAJ) JUDGE rvList No.: 1 Sl No.: 17