- 1 - HC-KAR NC: 2026:KHC:30451 WP No. 17948 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. 17948 OF 2026 (GM-PASS) BETWEEN: FRANCIS GEORGE, AGED ABOUT 66 YEARS, S/O CHERIPURATHU MATHEW VARKEY, R/O JOY COFFEE CURING WORKS, UPPALLI, HIREKOLALE ROAD, CHIKKAMAGALURU - 577 101. …PETITIONER (BY SRI. K. PRASANNA SHETTY., ADVOCATE) AND: 1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI - 110 001. 2. PASSPORT AUTHORITY OF INDIA, REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.8, PATIALA HOUSE, TILAK MARG, NEW DELHI - 110 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30451 WP No. 17948 of 2026 3. REGIONAL PASSPORT OFFICE, REPRESENTED BY ITS REGIONAL PASSPORT OFFICER, 6TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560 095. 4. STATE OF KARNATAKA, BY SHANKARANARAYANA POLICE STATION, UDUPI - 576 227. REPRESENTED BY THE STATE PUBLIC PROSECUTOR OF HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …RESPONDENTS (BY SMT.SWAMINI GANESH MOHANAMBAL, CGC FOR R1 TO R3; SRI.MOHAMMED JAFAR SHAH, AGA FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE OBJECTION(S)/ ENDORSEMENT BEARING NO.OBJ/1055155070/26 DATED 25.05.2026 WITH REFERENCE TO PASSPORT APPLICATION NO.BN4076767599326 ISSUED BY RESPONDENT NO.1 (ANNEXURE - A) AND ETC., THIS PETITION, COMING ON FOR PRELIMIANRY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:30451 WP No. 17948 of 2026 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER Learned CGC accepts notice for respondents No.1 to 3. Learned Additional Government Advocate accepts notice for respondent No.4. 1. Petitioner is before this Court seeking for the following reliefs: "a) Issue a writ of Certiorari or any other appropriate writ, order or direction to quash the objection/s endorsement bearing No.OBJ/1055155070/26 dated 25.05.2026 with reference to Passport Application No.BN4076767599326 issued by respondent No.1(Annexure-A). b) Issue a writ of Mandamus or any other appropriate writ, order or direction directing respondents No.2 and 3 to forthwith renew the petitioner's Passport (bearing No.P.291799); and c) Pass such other or further orders as this Hon'ble Court may deem fit in the interest of justice and equity." 2. The petitioner is already a passport holder which expired on 24.04.2026. He submitted an online - 4 - HC-KAR NC: 2026:KHC:30451 WP No. 17948 of 2026 application for renewal of the passport, on 04.05.2026. As regards the said application, a intimation was issued to the petitioner, stating that since the petitioner is involved in a criminal proceeding, the application would be processed after clearance of the case. It is in that background, the petitioner is before this Court seeking for the aforesaid relief. 3. A perusal of the papers indicate that there are two proceedings which are pending against the petitioner. One in Crime No.92 of 2014 registered by the Shankarnarayana Police Station, Kundapura and the other under Crime No.101 of 2017 which is also registered by Shankarnarayana Police Station, Kundapura. Both of them relate to offences under Section 192(A) of the Karnataka Land Revenue Act, 1964. - 5 - HC-KAR NC: 2026:KHC:30451 WP No. 17948 of 2026 4. The allegation against the petitioner is that the petitioner has encroached upon Government land. As the charge sheet having been filed, the matter is now posted for trial. 5. The petitioner submitted that he would cooperate with the trial Court in the trial proceedings and will not take any adjournments in the said proceedings on account of his travel. He will structure his travel in such a way that it does not affect the dates already given or to be given in the said proceedings. 6. In view of the said submission and taking into account that there is no serious flight risk in the present matter, I am of the considered opinion that the application of the petitioner for renewal of the passport can be considered albeit on the basis of a short validity. 7. It being so since right to travel cannot be impinged upon even though there are criminal proceedings - 6 - HC-KAR NC: 2026:KHC:30451 WP No. 17948 of 2026 which are pending, a short validity passport could be issued. So that the petitioner, even if he were to travel abroad, would be required to come back to the country by the time the short validity passport expires. 8. The interest of the State would also be protected by imposing a further condition on the petitioner that before leaving the country, the petitioner has to obtain necessary permission from the Court seized of both the matters and furnish to the passport authorities in order to process the issuance of the short validity passport. 9. Hence, the following: ORDER i) Writ petition is allowed. ii) A Certiorari is issued, the Endorsement dated 25.05.2026 at Annexure-A, is quashed. - 7 - HC-KAR NC: 2026:KHC:30451 WP No. 17948 of 2026 iii) A Mandamus is issued, directing respondent No.3 to re-issue the passport of the petitioner with short validity within a period of two weeks from the date of the petitioner were to furnish the orders of the trial Court to respondent No.3. Sd/- (SURAJ GOVINDARAJ) JUDGE MKM List No.: 1 Sl No.: 10