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2026 DAILYLAW 23134 (KAR)

SHRIKANTH SHETTY v. UNION OF INDIA

WP/18220/2026 · 2026-06-19

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30450 WP No. 18220 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18220 OF 2026 (GM-PASS) BETWEEN: SHRIKANTH SHETTY, AGED ABOUT 57 YEARS, S/O KOLAMBE BHUJANGA SHETTY, R/AT 3-99, SANKESHA HOUSE, SUBHAS NAGAR, SAJIPAMOODA, BANTWAL, DAKSHINA KANNADA - 574 231. …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS SECRETARY, SOUTH BLOCK, JAWAHAR LAL NEHARU BHAVAN, NEW DELHI - 110 011. 2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560 095. …RESPONDENTS (BY SRI.SUSHAL TIWARI N., CGC FOR R1 AND R2) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30450 WP No. 18220 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING RESPONDENT NO.2 - REGIONAL PASSPORT OFFICER, BENGALURU, TO FORTHWITH RENEW AND ISSUE THE PASSPORT TO THE PETITIONER PURSUANT TO HIS APPLICATION (ANNEXRUE-E) DATED 27.04.2026 BEARING FILE NO. BN4076735639426, WITHOUT REFERENCE TO THE ACQUITTED CRIMINAL CASES IN CRIME NO.311/2018 AND CRIME NO.142/2020 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 Sri Sushal Tiwari N., learned CGC accepts notice for respondents Nos.1 and 2. 1. Petitioner is before this Court seeking for the following reliefs: "a) Issue a writ of Mandamus or any other appropriate writ, order or direction directing respondent No.2-Regional Passport Officer, Bengaluru, to forthwith renew and issue the passport to the petitioner pursuant to his Application (Annexure-E) dated 27.04.2026 bearing File No.BN4076735639426, without reference to the - 3 - HC-KAR NC: 2026:KHC:30450 WP No. 18220 of 2026 acquitted criminal cases in Crime No.311/2018 and Crime No.142/2020; b) Declare that mere pendency of Criminal Appeal No.178/2023 (Annexure-C) filed by the State against the petitioner's acquittal in S.C.No.81/2019 (Annexure-D) and/or mere expiry of appeal period in respect of C.C.No.1491/2021 cannot be treated as a disqualification under Section 6(2)(f) of the Passports Act, 1967 for the purposes of issuing/renewing a passport; and c) Grant such other or further reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity." 2. The petitioner being a passport holder had sought for renewal since his passport is going to expire on 26.06.2026. The endorsement came to be issued by respondent No.2 on 19.05.2026, stating that the petitioner being involved in a criminal proceeding in SC.No.81/2019 where he was acquitted and the appeal is pending before this Court in Criminal Appeal No.178 of 2023 and as such, clearance has to be obtained from the Court and furnish to the concerned authority. - 4 - HC-KAR NC: 2026:KHC:30450 WP No. 18220 of 2026 3. In the present matter, it is not that the original proceedings are pending against the petitioner, the original proceedings which had been filed by the State has ended in acquittal and an appeal has been filed by the State. 4. In such situation, when there is an acquittal order, the question of the petitioner being required to obtain any travel permission would not arise. 5. The submission of Sri Sushal Tiwari, learned CGC is that there is one other case where if the petitioner was acquitted, the appeal period not having been left, there is a possibility of an appeal also being filed. Even if an appeal is filed, the same would have to be considered on merits and would not come in the way of the petitioner traveling. Hence, the following: ORDER i) Writ Petition is allowed. - 5 - HC-KAR NC: 2026:KHC:30450 WP No. 18220 of 2026 ii) A Mandamus is issued directing respondent No.2 to consider the application of the petitioner for renewal of the passport dehors the pendency of the appeals in view of the aforesaid reasons within a period of four weeks from the date of receipt of the copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE MKM List No.: 1 Sl No.: 11