Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 26410 (KAR)

SRI. PRAHLADA MADHAVA RAO v. UNION OF INDIA

WP/20249/2026 · 2026-07-06

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:33856 WP No. 20249 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20249 OF 2026 (GM-PASS) BETWEEN: SRI. PRAHLADA MADHAVA RAO S/O. MADAVA RAO, AGED ABOUT 66 YEARS NO. 31, 11TH MAIN, AREHALLI, AGS LAYOUT, BANGALORE - 560 061. …PETITIONER (BY SRI. CHANDRASHEKARA K, ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, JAWAHARLAL NEHRU BHAVAN, 23-D JANPATH, 24- NEW DELHI - 110 011. 2. THE STATE OF KARNATAKA BY BANASHANKARI POLICE STATION / EOD/CID, AND SUBRAMANYAPURA POLICE STATIONS, BANGALORE, EOW/CID, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 3. REGIONAL PASSPORT OFFICER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33856 WP No. 20249 of 2026 HAVING ITS OFFICE AT 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560 096. …RESPONDENTS (BY SMT. RESHMA THAMMAIAH, ASG FOR R1 AND R3; SRI. MOHAMMED JAFAR SHAH, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AN 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 25-06-2026 ISSUED BY THE R3 VIDE ANNEXURE-C 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 1. Smt.Reshma Thammaiah, learned ASG accepts notice for respondents No.1 and 3. Learned AGA accepts notice for respondent No.2. 2. Petitioner is before this Court seeking for the following reliefs: "i) Issue a writ of Certiorari or any other appropriate writ quashing the endorsement dated 25.06.2026 issued by the 3rd respondent vide Annexure-C. - 3 - HC-KAR NC: 2026:KHC:33856 WP No. 20249 of 2026 ii) Issue a writ of Mandamus directing the 3rd Respondent to consider the reissue / renew the petitioner's passport bearing No.Z3567752 in accordance with law without insisting upon production of any order from the criminal court vide Annexure-A, in the interest of justice and equity. iii) To grant such other reliefs as deemed fit, in the interest of justice." 3. The petitioner having been issued a Passport, which is valid until 20.04.2026 had sought for renewal thereof. On processing the said application on 25.06.2026, the petitioner was called upon to furnish Court orders with respect to Spl.C.C.No.2686/2023 and Spl. C.C.No.769/2024, permitting the petitioner to travel. It is the said endorsement, which is under challenge before this Court and in respect of the said endorsement the aforesaid reliefs have been sought for. 4. The submission of learned counsel for the petitioner is that for renewal of a Passport there would be no requirement for permission to travel to be accompanied by it. The permission to travel would - 4 - HC-KAR NC: 2026:KHC:33856 WP No. 20249 of 2026 only be required when the petitioner actually travels and therefore his submission is that the respondent ought to have renewed the Passport. 5. The submission of learned counsel for the petitioner deserves consideration inasmuch as the fundamental right of the petitioner to travel enshrined under Article 21 of the Constitution, cannot be defeated only on the ground that there is a criminal proceedings, which are pending against the petitioner. 6. Insofar as the interests of the respondents are concerned, the same can be safeguarded by directing them to issue a Short Validity Passport and since a Short Validity Passport is issued, the Immigration Authorities would be on notice to seek for the orders permitting the petitioner to travel by the Court seized of the aforesaid matters, if at all the petitioner were to embark on any such travel outside the country. - 5 - HC-KAR NC: 2026:KHC:33856 WP No. 20249 of 2026 7. In that view of the matter, this Court passes the following order: ORDER i) Writ Petition is allowed. ii) A Certiorari is issued. The Endorsement dated 25.06.2026 at Annexure-C, issued by respondent No.3 is quashed. iii) Respondent No.3 is directed to re-issue and renew the petitioner's Passport, without insisting upon the production of any order from the Criminal Court seized of Spl.C.C.No.2686/2023 and Spl. C.C.No.769/2024, within a period of four weeks from the date of receipt of a copy of this order. iv) It is however, made clear that the travel of the petitioner will however be subject to permission to travel abroad being granted - 6 - HC-KAR NC: 2026:KHC:33856 WP No. 20249 of 2026 in Spl.C.C.No.2686/2023 and Spl. C.C.No.769/2024, which shall be produced by the petitioner before the Immigration Authorities at the time of his travel. SD/- (SURAJ GOVINDARAJ) JUDGE MKM List No.: 1 Sl No.: 16