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2026 DAILYLAW 27694 (KAR)

K.P. KANCHANA, v. THE STATE OF KARNATAKA,

WP/19854/2026 · 2026-07-03

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33460 WP No. 19854 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19854 OF 2026 (GM-POLICE) BETWEEN: K.P. KANCHANA, W/O YOGESHA AGED ABOUT 36 YEARS, R/O WARD NO. 01, NEAR RAILWAY STATION, RAJAGHATTA, HASSAN TALUK AND DIST - 573 201 REPRESENTED YOGESH R 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, BANGALORE - 560 001 2. THE STATE OF KARNATAKA DEPUTY COMMISSIONER DISTRICT MAGISTRATE, HASSAN - 573 201, REPRESENTED BY THE GOVERNMENT ADVOCATE, HIGH COURT OF KARNATAKA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33460 WP No. 19854 of 2026 AT BANGALORE - 560 001. 3. SUPERINTENDENT OF POLICE AND SPECIAL EXECUTIVE OFFICER, HASSAN TALUK AND DIST - 573 201. REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. 4. THE POLICE INSPECTOR, HASSAN BADAVANE POLICE STATION, HASSAN DIST - 573 201 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. …RESPONDENTS (BY SRI. C.H. DEVARAJ, AGA) THIS WP 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)/06/2026 VIDE ANNEXURE-A PASSED BY THE SUPERINTENDENT OF POLICE AND SPECIAL EXECUTIVE OFFICER, HASSAN. BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND ETC., 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:33460 WP No. 19854 of 2026 ORAL ORDER 1. Learned Additional Government Advocate 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: dated: 12.06.2026 in S/M.A.G (Externment)/06/2026 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 respondent No.3, externing the petitioner under Section 55 of the Karnataka Police Act, 1963 without providing adequate opportunity to the petitioner to make her position clear, thus violating the principle of natural justice. 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. - 4 - HC-KAR NC: 2026:KHC:33460 WP No. 19854 of 2026 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. (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 - 5 - HC-KAR NC: 2026:KHC:33460 WP No. 19854 of 2026 her husband and pass necessary orders within 30 days thereafter. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 21