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2026 DAILYLAW 26099 (KAR)

AISHWARYA SS v. THE STATE OF KARNATAKA,

WP/19835/2026 · 2026-07-02

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32939 WP No. 19835 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.19835 OF 2026 (GM-POLICE) BETWEEN: AISHWARYA S. S. W/O. MAHESH AGED ABOUT 30 YEARS R/O. RAJAGHATTA VILLAGE, ALUR TALUK HASSAN DISTRICT-573 201 REPRESENTED THE MAHESH S/O. MANJEGOWDA …PETITIONER (BY SRI GIRISH B. BALADARE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU-560 001 2. THE STATE OF KARNATAKA DEPUTY COMMISSIONER DISTRICT MAGISTRATE HASSAN-573 201 REPRESENTED BY THE GOVERNMENT ADVOCATE HIGH COURT OF KARNATAKA AT BENGALURU-560 001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32939 WP No. 19835 of 2026 3. SUPERINTENDENT OF POLICE AND SPECIAL EXECUTIVE OFFICER HASSAN TALUK AND DISTRICT-573 201 REPRESENTED BY THE S.P.P. HIGH COURT OF KARNATAKA AT BENGALURU-560 001 4. THE POLICE INSPECTOR HASSAN BADAVANE POLICE STATION HASSAN DISTRICT-573 201 REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA AT BENGALURU-560 001 …RESPONDENTS (BY SRI C. H. DEVARAJ, G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 12.06.2026 IN S/M.A.G(EXTERNMENT)/05/2026 VIDE ANNEXURE-A PASSED BY THE SUPERINTENDENT OF POLICE AND SPECIAL EXECUTIVE OFFICER, HASSAN BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2026:KHC:32939 WP No. 19835 of 2026 ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 to 4. 2. The petitioner is before this Court seeking for the following reliefs : "a) Issue writ, order, or direction in the nature of certiorari set aside the impugned order dated 12.06.2026 in S/M.A.G. (Externment)/05/2026 vide Annexure-A passed by the Superintendent of Police and Special Executive Officer, Hassan. By allowing this petition in the interest of justice. b) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case." 3. The grievance of the petitioner is that an externment order has been passed by the respondent No.3, externing the petitioner under Section 55 of the Karnataka Police Act without providing adequate opportunity to the petitioner to make her position clear, thus violating the principle of natural justice. - 4 - HC-KAR NC: 2026:KHC:32939 WP No. 19835 of 2026 4. The submission of Sri.Girish B. Baladare, learned counsel for the petitioner is that a notice having been issued on 03.06.2026 under Section 58, calling upon the petitioner to be present on 12.06.2026. The impugned order was also passed on 12.06.2026, thereby violating the principle of natural justice. 5. A perusal of the notice and the order indicates that the petitioner was required to be present before respondent No.3 on 12.06.2026 and the order was also passed on 12.06.2026. Therefore, this Court is in agreement with the submission made by the counsel for the petitioner and as such passed the following ORDER (i) Writ Petition is allowed. (ii) The order dated 12.06.2026 passed by respondent No.3 at 'Annexure-A' is quashed. - 5 - HC-KAR NC: 2026:KHC:32939 WP No. 19835 of 2026 (iii) The matter is remitted to respondent No.3 to consider the submission on the part of the petitioner. (iv) The petitioner's husband and/or the petitioner are permitted to file their respective objections before the respondent No.3 on or before 17.07.2026, without requirement of any further notice being issued by the respondent. (v) The petitioner and/or her husband shall appear before the respondent No.3 on 17.07.2027. The respondent No.3 is directed to consider the representation provide an opportunity of hearing to the petitioner and/or her husband and pass necessary orders within 30 days thereafter. SD/- (SURAJ GOVINDARAJ) JUDGE AP, List No.: 1 Sl No.: 34