- 1 - HC-KAR NC: 2026:KHC:18629 WP No. 9939 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.9939 OF 2026 (GM-POLICE) BETWEEN: SRI.SOMASHEKAR @ SOMA S/O NARAYANAPPA C AGED ABOUT 35 YEARS R/AT NO.434/9, SUBBAIAH GARDEN LAYOUT 1ST MAIN, 7TH CROSS HONGASANDRA BENGALURU-560 068 …PETITIONER (BY SRI. RAJASHEKARA R V, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DEPARTMENT OF HOME AFFAIRS VIDHANA SOUDHA AMBEDKAR VEEDI BENGALURU-560 001 REP. BY ITS SECRETARY 2. SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE SOUTH EAST DIVISION BENGALURU-560 095 3. SRI.VEERESH R POLICE INSPECTOR ORGANIZED CRIME BRANCH, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18629 WP No. 9939 of 2026 CCB, BMTC BUS DEPOT SERVICE ROAD SHANTHI NAGAR BENGALURU - 560027 4. THE CIRCLE INSPECTOR BOMMANAHALLI POLICE STATION BENGALURU-560068 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENTS (BY SRI.VIKAS ROJIPURA, AGA FOR R.1 TO R.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23.02.2026 IN NO.02/MAG/GADIPAR/DCP/A.V./2025 PASSED BY THE R.2 - SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE, SOUTH EAST DIVISION, BENGALURU CITY WHICH IS PRODUCED AS ANNEXURE-A WHICH IS ORDER PASSED AGAINST THE PETITIONER UNDER SECTION 55(A) AND (B) OF KARNATAKA POLICE ACT, 1963 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned Additional Government Advocate appearing for the State has raised a preliminary objection as to the maintainability of the present petition, contending that the - 3 - HC-KAR NC: 2026:KHC:18629 WP No. 9939 of 2026 impugned order passed under Section 55 of the Karnataka Police Act, 1963 (for short 'Act, 1963') is appealable under Section 59 of the said Act. It is submitted that the statute provides a specific and efficacious appellate remedy and, therefore, the petitioner ought to have availed the same instead of invoking the writ jurisdiction of this Court. 2. Having heard the learned counsel appearing for the parties and on perusal of the material on record, this Court finds considerable force in the preliminary objection raised by the learned Additional Government Advocate. The Karnataka Police Act, 1963 provides a complete mechanism by way of an appeal under Section 59 of the 'Act, 1963' against an order of externment passed under Section 55 of the 'Act, 1963'. When the statute itself provides for an efficacious alternative remedy, this Court would be slow in entertaining a writ petition, unless exceptional circumstances are made out. - 4 - HC-KAR NC: 2026:KHC:18629 WP No. 9939 of 2026 3. The petitioner has not demonstrated any exceptional ground warranting interference under Articles 226 and 227 of the Constitution of India, such as lack of jurisdiction, violation of principles of natural justice, or manifest arbitrariness. In the absence of such exceptional circumstances, bypassing the statutory appellate remedy cannot be permitted. 4. The reliance placed by the learned counsel for the petitioner on the judgment cited is misplaced and does not advance the case of the petitioner, as the same is distinguishable on facts and does not dilute the settled principle regarding exhaustion of alternative remedy. 5. Accordingly, upholding the preliminary objection regarding maintainability, this Court declines to entertain the writ petition. The petition stands dismissed as not maintainable. - 5 - HC-KAR NC: 2026:KHC:18629 WP No. 9939 of 2026 6. However, liberty is reserved to the petitioner to avail the statutory remedy of appeal under Section 59 of the 'Act, 1963', in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 13