- 1 - HC-KAR NC: 2026:KHC:19754 WP No. 9884 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9884 OF 2026 (GM-PASS) BETWEEN: NAGAMMA, W/O DASEGOWDA, AGED ABOUT 62 YEARS, R/O MELUKOTE HOBLI, GUJAGONAHALLI, BELIGHATTA, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 431. …PETITIONER (BY SRI. GIRISH B BALADARE., ADVOCATE) AND: 1. THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS PRINCIPAL SECRETARY, SOUTH BLOCK, NEW DELHI - 110 001. 2. PASSPORT AUTHORITY OF INDIA, REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP, DIVISIONS MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.8, PATIALA HOUSE, TILAK MARG, NEW DELHI-110 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19754 WP No. 9884 of 2026 3. REGIONAL PASSPORT OFFICE, REPRESENTED BY ITS REGIONAL PASSPORT OFFICER, 8TH BLOCK, 80 FEET ROAD, KORMANGALA, BENGALURU - 560 009. …RESPONDENTS (BY SMT.RESHMA K.T., CGSC) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO CONSIDER THE REPRESENTATION DATED 18.02.2026 GIVEN BY THE PETITIONER TO THE R-3 THAT IS REGIONAL PASSPORT OFFICE, BENGALURU 8TH BLOCK 80 FEET ROAD, KORAMANGALA BENGALURU AS PER ANNEXURE - D AND PASS APPROPRIATE ORDERS THEREON IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking writ in the nature of mandamus to consider the petitioner's representation dated 18.02.2026 addressed to respondent No.3, as per Annexure-D. - 3 - HC-KAR NC: 2026:KHC:19754 WP No. 9884 of 2026 2. Heard the petitioner's counsel and learned Standing counsel appearing for the Union of India. 3. The material on record indicates that the petitioner has submitted an online application seeking issuance of a fresh passport. However, the said request has not been considered favourably by the respondent–passport authorities on the ground that the petitioner is presently facing criminal prosecution in C.C. No.139/2018, which is pending adjudication before the jurisdictional criminal Court. 4. The petitioner has approached this Court seeking a direction for issuance of a regular passport with full-term validity. However, this Court is of the considered view that, in the light of the pendency of criminal proceedings, the petitioner would not be entitled, as a matter of right, to the issuance of a regular passport having long-term validity. The pendency of criminal prosecution constitutes a relevant consideration for the passport authorities while exercising their statutory discretion under the provisions of the Passports Act, 1967. - 4 - HC-KAR NC: 2026:KHC:19754 WP No. 9884 of 2026 5. At the same time, this Court cannot lose sight of the consistent judicial view taken by this Court as well as other High Courts, wherein it has been held that mere pendency of criminal proceedings cannot be an absolute bar for issuance of a passport. The right to travel abroad, though subject to reasonable restrictions, is recognized as a facet of personal liberty under Article 21 of the Constitution of India. Therefore, a balanced approach is required to safeguard both the interest of the prosecution as well as the fundamental rights of the petitioner. 6. In that view of the matter, this Court is of the opinion that the ends of justice would be adequately met if the petitioner is granted a passport with restricted or short-term validity, subject to appropriate safeguards. Such safeguards would ensure that the petitioner remains amenable to the jurisdiction of the trial Court and does not misuse the liberty granted. 7. Accordingly, while the respondents would be justified in declining issuance of a regular passport of long duration, they are nonetheless under an obligation to consider issuance - 5 - HC-KAR NC: 2026:KHC:19754 WP No. 9884 of 2026 of a short validity passport, in line with the settled legal position. 8. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The writ petition is hereby allowed in part. (ii) A writ in the nature of mandamus is issued directing respondent Nos.2 and 3 to consider the petitioner’s application for issuance of passport and to issue a short validity passport in favour of the petitioner. (iii) Such consideration and issuance shall be completed within a period of two (2) weeks from the date of receipt of a certified copy of this order. (iv) It is made clear that the petitioner shall not travel abroad without obtaining prior permission from the jurisdictional Court seized of proceedings in C.C. No.139/2018. - 6 - HC-KAR NC: 2026:KHC:19754 WP No. 9884 of 2026 (v) Any permission so granted by the jurisdictional Court shall be subject to such terms and conditions as may be deemed appropriate by the said Court to ensure the presence of the petitioner during trial. (vi) It is further clarified that any violation of the conditions imposed by the jurisdictional Court or misuse of the liberty granted pursuant to this order shall entail appropriate legal consequences, including cancellation of the passport, in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 8