- 1 - HC-KAR NC: 2026:KHC:15681-DB WA No. 786 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 786 OF 2026 (GM-POLICE) BETWEEN: 1. SRI MAHESH SHETTY THIMARODI S/O LATE VITTAL SHETTY AGED ABOUT 58 YEARS OCCUPATION: AGRICULTURIST R/AT THIMARODI HOUSE UJJIRE, BELTHANGADY TALUK D.K. DISTRICT - 574 240 …APPELLANT (BY SRI BALAKRISHNA M.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU - 560 001 2. THE ASSISTANT COMMISSIONER CUM SUB-DIVISIONAL MAGISTRATE PUTTUR SUB-DIVISION PUTTUR DAKSHINA KANNADA - 574 201 Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15681-DB WA No. 786 of 2026 3. THE DEPUTY SUPERINTENDENT OF POLICE BANTWAL SUB-DIVISION DAKSHINA KANNADA - 574 211 4. THE POLICE SUB INSPECTOR BELTHANGADY POLICE STATION BELTHANGADY DAKSHINA KANNADA - 574 214 …RESPONDENTS (BY SRI B.N. JAGADEESHA, ADDL. SPP A/W SMT. NAMITHA MAHESH B.G., AGA FOR R-1 TO 4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL BY SETTING ASIDE THE ORDER DATED 31/01/2026 IN W.P. NO.89/2026 (GM-POLICE) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND GRANT THE RELIEFS SOUGHT BY THE APPELLANT IN W.P. NO.89/206 (GM-POLICE) & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 31.01.2026 passed by the learned Single Judge of this Court in WP.No.89/2026 (GM-POLICE). The appellant had filed the said petition impugning an order of externment dated 16.12.2025, passed by the Assistant Commissioner. It is appellant's case that he is an activist and had participated in agitation in the wake of a - 3 - HC-KAR NC: 2026:KHC:15681-DB WA No. 786 of 2026 murder of a young woman, within the jurisdiction of the concerned police station. In the light of the cases that were registered against the appellant, the Assistant Commissioner had passed an externment order, which was subject matter of a writ petition (WP.No.30021/2025). The said petition was disposed of on 17.11.2025. In terms of the said order, the learned Single Judge remanded the matter to the Assistant Commissioner to pass a reasoned order. Pursuant to the said order, the Assistant Commissioner passed a fresh order dated 16.12.2025 directing that the appellant be externed from Dakshina Kannada District to Manvi, Raichur for a period of 10 months. 2. As noted above, the said order was the subject matter in the writ petition, which was disposed of by the impugned order. The learned Single Judge found that the Assistant Commissioner had not considered relevant facts, including the fact that cases against the appellant, which were referred, had either culminated in his acquittal or closure. The learned Single Judge further found that the externment order dated 16.12.2025 was without application of mind and accordingly once again remitted the matter to respondent No.2 to pass fresh orders in accordance with law. - 4 - HC-KAR NC: 2026:KHC:15681-DB WA No. 786 of 2026 3. The learned counsel appearing for the appellant submits that given the findings of the learned Single Judge, the externment order was required to be set aside. He submits that it was not apposite to remit the matter to respondent No.2. 4. We note that the appellant had preferred the writ petition under Article 226 of the Constitution of India, and, since the court had found that the externment order, which was impugned in the said writ petition was passed without considering the relevant facts, the learned Single Judge had rightly remanded the matter to the concerned authority to take a decision in accordance with law. We find no infirmity with the said decision. 5. The present appeal is accordingly dismissed. 6. All contentions of parties are reserved. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD, List No.: 2 Sl No.: 26