- 1 - HC-KAR NC: 2026:KHC:7011 WP No.2186/2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.2186/2026 (GM-PASS) BETWEEN: SMT. KAVITHA SRINATH VENKATAPPA AGED ABOUT 47 YEARS, D/O.LATE VENKATAPPA CHINAPPA, W/O.SRINATH SUDDAGUNTAPALYA LAKSHMAN, RESIDING AT NO.75/1, NEW NO.1 FLAT NO.A5, JANAJEEVA ASHIYANA APARTMENTS, 7TH CROSS, BHAVANI NAGAR, S.G.PALYA, BENGALURU - 560 029. …PETITIONER (BY SRI. BHADRINATH R., ADVOCATE) AND: 1. THE UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI-100 001. REP. BY ITS SECRETARY 2. THE REGIONAL PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, REGIONAL PASSPORT OFFICE, 80 FEET ROAD, 8TH BLOCK, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7011 WP No.2186/2026 KORAMANGALA, BENGALURU - 560 095. 3. THE STATE OF KARNATAKA, THROUGH THE STATION HOUSE OFFICER, TILAKNAGAR POLICE STATION, BENGALURU-560041. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENTS (BY SRI. AJAY PRABHU M., CGC FOR R1 & R2; SRI.B.RAVINDRANATH, AGA FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. TO QUASH THE IMPUGNED LETTER DATED 06.01.2026 FILE NO.BN1075360560625, LETTER REF.NO.IMP/1053196628/26 PASSED BY THE RESPONDENT NO.2 AS FOUND AT ANNEXURE-A; II. TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION DIRECTING THE RESPONDENT NO.2/AUTHORITY TO CONSIDER THE REPLY LETTER DATED 16.08.2025 SUBMITTED BY THE PETITIONER AS FOUND AT ANNEXURE-A2 TO THE SHOW CAUSE NOTICE LETTER DATED 07.08.2025, FILE NO.BN1075360560625, LETTER REF.NO.SCN/ 1049780261/25, ISSUED BY THE RESPONDENT NO.2 AS FOUND AT ANNEXURE-A1 AND TO PASS ORDER THAT THE RENEWED/NEW PASSPORT BEARING - 3 - HC-KAR NC: 2026:KHC:7011 WP No.2186/2026 NO.ZA169032 OF THE PETITIONER SAME IS VALID FROM 21.07.2025 AND EXPIRE DATE 20.07.2035 AS FOUND AT ANNEXURE-C OF THE PETITIONER FORTHWITH; III. TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION/S THE RESPONDENT NO.2/AUTHORITY TO NOT TO TAKE ANY COERCIVE ACTION, INCLUDING THE IMPOUNDING OR CANCELLING THE PETITIONER'S PASSPORT NO.ZA169032 OF THE PETITIONER SAME IS VALID FROM 21.07.2025 AND EXPIRE DATE 20.07.2035 AS FOUND AT ANNEXURE-C; IV. TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION/S THE RESPONDENT NO.2/AUTHORITY TO PASS ORDER FOR RENEWAL/NEW PASSPORTBEARING NO.ZA169032 OF THE PETITIONER FORTHWITH AS FOUND AT ANNEXURE-C AND V. TO PASS SUCH OTHER ORDERS AS DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE 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 B M SHYAM PRASAD - 4 - HC-KAR NC: 2026:KHC:7011 WP No.2186/2026 ORAL ORDER The petitioner is aggrieved by the second respondent's Communication dated 06.01.2026 [Annexure-A]. The petitioner seeks directions to the second respondent to consider her reply dated 16.08.2025 in response to the show cause notice dated 07.08.2025. The second respondent, by the communication dated 06.01.2026, has called upon the petitioner to surrender her passport with immediate effect. The dispute is because of the second respondent's assertion that the petitioner has obtained passport suppressing criminal proceedings. 2. Sri Ajay Prabhu M, the learned Central Government Counsel for the second respondent, submits that [a] the petitioner would not have been issued with a passport if she had disclosed that she had pending criminal cases, [b] when earlier notices were issued and in the subsequent proceedings the petitioner has only disclosed a few proceedings but - 5 - HC-KAR NC: 2026:KHC:7011 WP No.2186/2026 the petitioner did not disclose that there are other proceedings, [c] after the notice dated 05.12.2025 the second respondent has passed an order for impounding on 06.01.2026 and consequentially has called upon the petitioner to surrender the passport, [d] if the petitioner is aggrieved, the petitioner has alternative remedy under Section 11 of the Passports Act, 1967 and the petitioner should have availed this remedy within thirty days from the date of the order. 3. Sri R Bhadrinath, the learned counsel for the petitioner, submits that the petitioner has bonafide shown cause against the notice dated 07.08.2025 in filing the reply dated 16.08.2025, but the same is not considered because the petitioner could not respond within the time allowed in the notice dated 05.12.2025, and the learned counsel also contends that the petitioner is served with the decision to impound her passport vide the decision dated 06.01.2026 only now. - 6 - HC-KAR NC: 2026:KHC:7011 WP No.2186/2026 4. These rival submissions are considered with the petitioner pleading bonafides in asserting lack of knowledge as also opportunity. The petitioner, given the significance of the passport, must have an opportunity before there is impounding and therefore this Court is persuaded that there is a denial of such opportunity. However, the petitioner must also be on terms lest this Court's interference is misused. 5. This Court, given the number of notices issued and the details of the cases as are found out by the second respondent on verification, is of the view that the petitioner must have another opportunity and this opportunity would be real if the second respondent considers the petitioner's response against the decision to impound the passport notwithstanding the order dated 06.01.2026 and the petitioner to ensure that there is due consideration without any precipitation must surrender the passport with the second respondent to - 7 - HC-KAR NC: 2026:KHC:7011 WP No.2186/2026 be returned subject to orders. In the light of the afore, the following: ORDER [a] The petition stands disposed of reserving liberty to the petitioner to file response to the notice dated 05.12.2025 along with the original passport within two weeks from today. [b] The second respondent is called upon to consider the response and pass a detailed order notwithstanding the reasons assigned in the order dated 06.01.2026 which for the present purposes is being read down as another show cause notice. SD/- (B M SHYAM PRASAD) JUDGE AN/-