- 1 - HC-KAR NC: 2026:KHC:8006 WP No. 4041 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 4041 OF 2026 (GM-POLICE) BETWEEN: SRI. MALLESHA @ PRADEEPA AGED ABOUT 31 YEARS, R/AT CHILAKAVADI VILLAGE, KOLLEGAL TALUK-571442 CHAMARAJNAGARA DISTRICT …PETITIONER (BY SRI. H MOHAN KUMAR.,ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, AMBEDKAR VEEDHI, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8006 WP No. 4041 of 2026 BENGALURU-560001 2. THE SUPERINTEND OF POLICE CHAMARAJNAGAR DISTRICT CHAMARAJNAGAR-571313 3. THE ASSISTANT COMMISSIONER KOLLEGAL SUB-DIVISION KOLLEGAL-571440 …RESPONDENTS (BY Smt. SARITHA KULKARNI, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24.12.2024 IN NO. MAG (GA) CR/15/2025 VIDE ANNX-G PASSED BY THE R3. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:8006 WP No. 4041 of 2026 ORAL ORDER The petitioner is aggrieved by the third respondent's order dated 24.12.2025 under Section 55 of the Karnataka Police Act, 1963 [for short, 'the Act']. The third respondent has externed the petitioner from Kollegal Sub-Division to Kalburgi District from 24.12.2025 to 23.06.2026 opining that the petitioner must be externed because he could disturb peace and public order. 2. Mr. H. Mohan Kumar, the learned counsel for the petitioner, submits that the decision to extern the petitioner is as a retaliation because the petitioner has filed a private complaint with the jurisdictional Magistrate on 19.04.2024 asserting that he has been assaulted by the jurisdictional police, and the learned counsel also submits that even in July 2023, the petitioner was served with a notice for orders under Section 55 of the Act but - 4 - HC-KAR NC: 2026:KHC:8006 WP No. 4041 of 2026 when the petitioner offered his explanation, the proceedings were closed with a certain warning. The learned counsel emphasizes that this was also because the petitioner sought action against those [within the police department] who were harassing him. 3. Ms. Saritha Kulkarni, a learned Additional Government Advocate who is called upon to accept notice for the respondents, submits that the petitioner has been issued with notice before the order as is required under the provisions of Section 55 of the Act but the petitioner has not filed any response. The learned Additional Government Advocate also submits that the decision to extern the petitioner to Kalburgi District is in the light of the reasons that are assigned. 4. The third respondent, to justify an externment under Section 55 of the Act, must find it necessary that a person must be externed to prevent - 5 - HC-KAR NC: 2026:KHC:8006 WP No. 4041 of 2026 violence and this finding must be in the facts and circumstances of each case. The petitioner's specific defence is that he was earlier issued with notice in the year 2023 which was closed when he insisted for action against those who were allegedly harassing him and that the present proceedings are because he has filed a private complaint to seek prosecution of the police officers who have assaulted him. The petitioner contends that he has not had a reasonable opportunity, and it is also seen that the externment order is because the petitioner has not filed any response. 5. In the circumstances of the case, this Court is of the view that the Assistant Commissioner, Kollegal Sub-Division, Kollegal [the third respondent] must consider the petitioner's cause against externment before there could be a decision and that such proceedings would be just and reasonable. Therefore, the impugned Order must be read as - 6 - HC-KAR NC: 2026:KHC:8006 WP No. 4041 of 2026 another Notice to the petitioner to show cause against externment with liberty to the petitioner to file a response within a week from today and directing the third respondent to consider the same by a reasoned order in the light of the petitioner's specific defence as recorded above. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RB