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2026 DAILYLAW 30908 (KAR)

SRI.SANTHOSH.D, v. STATE OF KARNATAKA,

WP/22212/2026 · 2026-07-22

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010494052026 NC: 2026:KHC:38112 WP No. 22212 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.22212 OF 2026 (GM-POLICE) BETWEEN: SRI.SANTHOSH.D, SON OF DODDANARASIMHAIAH, AGED ABOUT 29 YEARS, R/AT NO.1, 3RD CROSS, NELAGADIRENAHALLI, BENGALURU NORTH - 560 073. …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001. 2. DEPUTY COMMISSIONER OF POLICE AND ALSO SPECIAL EXECUTIVE MAGISTRATE, BENGALURU NORTH-WEST DIVISION, YESHWANTHPURA, BENGALURU - 560 022. 3. THE POLICE SUB-INSPECTOR, PEENYA POLICE STATION, BENGALURU - 560 058. …RESPONDENTS (BY SMT.SARITHA KULKARNI, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010494052026 NC: 2026:KHC:38112 WP No. 22212 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER CRM/MAG/GA.PA/CASE.NO.2/2026/DCP (VA)BENG.CITY DATED 04.03.2026 PRODUCED AS PER ANNEXURE-A, IN SO FOR AS PETITIONER ONLY PASSED BY RESPONDENT NO.2 BY ALLOWING THE WRIT PETITION 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. Learned AGA is directed to accept notice for respondent No.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs: “WHEREFORE, the Petitioner most humbly and respectfully prays that this Hon'ble Court may kindly be pleased to: a] To issue a writ of certiorari, quashing the Impugned Order CRM/MAG/Ga.Pa/Case.No.2/2026/DCP(Va)Ben g.City dated 04.03.2026 produced as per ANNEXURE-A by allowing the Writ petition insofar as petitioner only passed by Respondent No.2; - 3 - HC-KAR CNR: KAHC010494052026 NC: 2026:KHC:38112 WP No. 22212 of 2026 b] Issue any other appropriate writ of whatsoever nature, order or direction to be granted in the facts and circumstances of the case by allowing the writ petition, in the interest of justice and equity.” 3. The grievance of the petitioner is that an externment order has been passed under Section 55 of the Karnataka Police Act, 1963, without providing adequate opportunity to the petitioner. Though, earlier notice had been issued and the petitioner had made his submissions, the matter was posted for orders on 04.03.2026. When considering that the matter was posted for orders, the petitioner did not appear. However, on that day, three documents were marked and the impugned order was passed. 4. In the considered opinion of this Court, the above would indicate that insofar as the marking of the documents are concerned, the petitioner did not have an opportunity to make his submissions. In relation thereto and in the absence of the petitioner, which has been noted in the order sheet dated - 4 - HC-KAR CNR: KAHC010494052026 NC: 2026:KHC:38112 WP No. 22212 of 2026 04.03.2026, the marking having occurred and subsequently, the impugned order having been passed, the said order is in violation of the principle of natural justice. 5. As such, this Court passes the following ORDER i. The writ petition is partly allowed. ii. The impugned order No. CRM/MAG/Ga.Pa/Case.No.2/2026/DCP(Va)Beng.City dated 04.03.2026 passed by respondent No.2 at Annexure-A is set aside. iii. The matter is remitted to respondent No.2 for consideration from the stage that the matter was on 04.03.2026 by providing opportunity to the petitioner to make his reply in respect to the documents, which were produced and marked on 04.03.2026. iv. Respondent No.2 to hear the petitioner on those documents and pass necessary orders in accordance - 5 - HC-KAR CNR: KAHC010494052026 NC: 2026:KHC:38112 WP No. 22212 of 2026 with law. The petitioner would be at liberty to file any reply or any objection in writing in respect of the documents, which had been so produced. Sd/- (SURAJ GOVINDARAJ) JUDGE PB List No.: 1 Sl No.: 23