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2026 DAILYLAW 34362 (KAR)

PRASAD @ PORKI @ PRASADI v. STATE OF KARNATAKA

WP/22544/2026 · 2026-08-07

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010495902026 NC: 2026:KHC:41746 WP No. 22544 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.22544 OF 2026 (GM-POLICE) BETWEEN: PRASAD @ PORKI @ PRASADI S/O UMESH, AGED ABOUT 30 YEARS, RESIDING AT NO.831, 3RD CROSS, DASARAHALLI, BENGALURU - 560 024. …PETITIONER (BY SRI. SRIRAM.M., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. 2. THE HOME SECRETARY GOVERNMENT OF KARNATAKA, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU - 560 001. 3. SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE (DCP), NORTH DIVISION, BENGALURU CITY, KARNATAKA. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010495902026 NC: 2026:KHC:41746 WP No. 22544 of 2026 4. POLICE INSPECTOR, AMRUTHA HALLI POLICE STATION, BENGALURU CITY, KARNATAKA. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING AND SETTING ASIDE THE IMPUGNED ORDER BEARING IN NO.08/ DCP (E)/ MAG /GADIPARU/2026 /DCP BENGALURU CITY DATED 18/06/2026, PASSED BY RESPONDENT NO.3 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Addl. Government Advocate accepts notice for respondents. 2. Petitioner is before this Court seeking for the following reliefs: " a) Issue a Writ of Certiorari or any other appropriate writ, order, or direction, quashing and setting aside the impugned Order bearing in No. 08/ DCP (E)/ MAG /rit GADIPARU/2026/DCP Bengaluru City. Dated. 18/06/2026, Passed by Respondent No. 3. (Annexure: "C"). b) Pass such other order or further orders as this Hon'ble Court may deem fit and proper under the facts - 3 - HC-KAR CNR: KAHC010495902026 NC: 2026:KHC:41746 WP No. 22544 of 2026 and circumstances of the case, to meet the ends of justice. " 3. What has been challenged is an order of externment under Section 55 of the Karnataka Police Act, 1963. The petitioner, who had been issued show cause notices, had entered appearance and was also heard before the impugned order came to be passed. Hence, there being no infirmity as regard to the exercise of the jurisdiction nor is there any violation of principles of natural justice. 4. The petitioner having a statutory appellate remedy under Section 59 of the Karnataka Police Act, 1963, this Court is not required to exercise its extraordinary power under Articles 226 and 227 of the Constitution of India. 5. Reserving liberty to the petitioner to avail of the appellate remedy under Section 59 of the Karnataka Police Act, 1963, the petition stands disposed, directing the respondents not to implement the impugned order, until the appeal filed by the petitioner is considered. - 4 - HC-KAR CNR: KAHC010495902026 NC: 2026:KHC:41746 WP No. 22544 of 2026 6. The submission of learned counsel for the petitioner that the appeal would be filed by 14.08.2026, is placed on record. 7. It is needless to say that, if the appeal is not filed by the end of the day on 14.08.2026, the interim order shall stand automatically vacated. Sd/- (SURAJ GOVINDARAJ) JUDGE PHM List No.: 1 Sl No.: 10