- 1 - HC-KAR CNR: KAHC010544292026 NC: 2026:KHC:41899 WP No. 24441 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. 24441 OF 2026 (GM-POLICE) BETWEEN: SRI. SUDHAKAR, S/O GANGULAPPA, AGED ABOUT 43 YEAR, R/AT KATTEKELAGINAPALYA VILLAGE, SRINIVASAPURA TALUK, KOLAR DISTRICT - 563 101 …PETITIONER (BY SRI. SHIVASHANKAR K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HOME VIDHANASOUDHA BENGALURU - 560 001 2. THE SUPERINTENDENT OF POLICE AND SPECIAL EXECUTIVE MAGISTRATE KOLAR DISTRICT REP. BY STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA - 560 001 3. THE POLICE INSPECTOR SRINIVASPURA POLICE STATION, SRINIVASPURA, KOLAR DISTRICT - 563 101 …RESPONDENTS (BY SMT. SARITHA KULKARNI.,AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010544292026 NC: 2026:KHC:41899 WP No. 24441 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R2 IN NO.GADIPURA/MAG/12/2026 DATED 10.07.2026 BY ALLOWING THIS WP VIDE AT ANNX-A 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 Addl. Government Advocate accepts notice for respondents. 2. The petitioner is before this Court seeking for the following reliefs: " i) To issue writ in nature of certiorari to quash the Order passed by the Respondent No.2 in No.GADIPARU/MAG/12/2026 dated 10.07.2026 by allowing this writ Petition vide at Annexure A; ii) Grant such other relief as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice." 3. The submission of the learned counsel for the petitioner is that the order of externment has been passed without service of notice upon the petitioner. - 3 - HC-KAR CNR: KAHC010544292026 NC: 2026:KHC:41899 WP No. 24441 of 2026 4. Learned Addl. Government Advocate, however, submitted that notice was duly served upon the petitioner, despite which the petitioner had not appeared before the Executive Magistrate. 5. ``A perusal of the order sheet indicates that the petitioner had not appeared before the Executive Magistrate. Since the order, which has been passed is one of externment, this Court is of the considered opinion that one more opportunity could be granted to the petitioner for being heard in the matter before such order of externment affecting the life and liberty of the petitioner were to be passed. 6. In that view of the matter, this Court passes the following: ORDER i) The Writ Petition is disposed. ii) A writ of certiorari is issued and the order dated 10.07.2026 passed by respondent No.2 - 4 - HC-KAR CNR: KAHC010544292026 NC: 2026:KHC:41899 WP No. 24441 of 2026 in No.GADIPARU/MAG/12/2026 at Annexure-A, is set aside. iii) The matter is remitted to respondent No.2 for fresh consideration in accordance with law. iv) The petitioner shall appear before respondent No.2 without requirement of any further notice on 19.08.2026 at 02.30 p.m., and make his written as well as oral submissions. Respondent No.2 shall consider the same and pass necessary orders as expeditiously as possible. Sd/- (SURAJ GOVINDARAJ) JUDGE PHM List No.: 1 Sl No.: 30