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2026 DAILYLAW 28185 (KAR)

MUBARAK v. STATE OF KARNATAKA

WP/19125/2026 · 2026-07-10

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:34989 WP No. 19125 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19125 OF 2026 (GM-POLICE) BETWEEN: MUBARAK S/O LATE SHAFIULLA, AGED ABOUT 46 YEARS, R/AT NO.16, NEAR FISH MARKET, SHARIFF NAGAR, YESHWANTHAPURA, BANGALORE-560022. …PETITIONER (BY SRI. RAJA K. P., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANASOUDHA, DR. AMBEDKARVEEDHI, BANGALORE-560 001. 2. THE SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE NORTH DIVISION, BANGALORE CITY-560001 3. THE ASST. POLICE OF COMMISSIONER YESHWANTHAPURA SUB-DIVISION BANGALORE CITY-560022 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34989 WP No. 19125 of 2026 4. THE INSPECTOR OF POLICE, YESHWANTHAPURA POLICE STATION, BANGALORE CITY-560022 5. THE STATION HOUSE OFFICER THILK PARK POLICE STATION TUMAKURU DISTRICT- 572101 R1 TO R5 ARE REPRESENTED BY HIGH COURT OF KARNATAKA BANGALORE, STATE PUBLIC PROSECUTOR, BANGALORE-560 001. …RESPONDENTS (BY SRI. DEVARAJ C.H., GA FOR RESPONDENT/STATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 15.04.2026 IN PROCEEDINGS BEARING CASE NO. CRM/MAG/G.P/MATTER-02/2026/DCP(N) BANGALORE CITY, PASSED BY 2ND RESPONDENT UNDER SECTION 55(A) AND 55(B) OF KARNATAKA POLICE ACT, ON THE FILE OF THE (THE SPECIAL EXECUTIVE MAGISTRATEAND DEPUTY COMMISSIONER OF POLICE, NORTH DIVISION, BANGALORE CITY-560001) THEREBY EXTERNING THE PETITIONER FROM BANGALORE DISTRICT TO THILK PARK POLICE STATION JURISDICTION, TUMAKURU DISTRICT (ANNEXURE-A) THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:34989 WP No. 19125 of 2026 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: A. Issue an appropriate writ, order or direction quashing the order dated 15.04.2026 in proceedings bearing Case No:CRM/MAG/G.P/Matter-02/2026/DCP(N) Bangalore City, passed by 2nd respondent Under Section 55(a) and 55(b) OF KARNATAKA POLICE ACT, on the file of the (The Special Executive Magistrateand Deputy Commissioner of Police, North Division, Bangalore City- 560001) Thereby Externing the petitioner from Bangalore district to Thilk Park Police Stationjurisdiction, Tumakuru District(Annexure -A); and B. Grant such other relief/s as this Hon'ble Court deems fit, infavour of the Petitioner, to meet the ends of Justice." 2. The petitioner is aggrieved by the externment order passed by respondent No.2. A perusal of the order passed by respondent No.2 indicates that the petitioner has been issued a show cause notice, his explanation was submitted and he was heard in the matter before the impugned order was passed. There being no violation of the principle of natural justice, this Court cannot exercise its extraordinary jurisdiction - 4 - HC-KAR NC: 2026:KHC:34989 WP No. 19125 of 2026 under Article 226 when there is a statutory appellate remedy provided under Section 59 of the Karnataka Police Act, 1963. 3. Reserving liberty to the petitioner to avail such statutory appellate remedy, petition stands disposed. 4. If appeal is filed, respondents are directed to consider the said appeal de hors the delay in filing the appeal. Sd/- (SURAJ GOVINDARAJ) JUDGE DS CT:TSM List No.: 1 Sl No.: 7