- 1 - HC-KAR CNR: KAHC010562282026 NC: 2026:KHC:44144 WP No. 25535 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25535 OF 2026 (GM-POLICE) BETWEEN: 1. SRI. NEVAL.A @ MALLA S/O M.K ASHOKA, AGED ABOUT 26 YEARS, R/AT, NO.197/K52, KSHETRAYYA ROAD DEVAMBA AGRAHARA, K.R MOHALLA, MYSORE-570 004 … PETITIONER (BY SRI. GAURAV SUBRAMANYAM., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DEPUTY COMMISSIONER OF POLICE MYSORE CITY REP. BY SPP HIGH COURT BUILDING BENGALURU-01 2. POLICE INSPECTOR KRISHNARAJA POLICE STATION MYSORE CITY-570 001 … RESPONDENTS (BY SRI. PANINI A.H., AGA) THIS W.P. IS FILED UNDER ARTICLES226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER IN CASE NO. MAG(2)/EXTERNMENT/05/2026 DATE 6.08.2026 ANNEXURE-A PASSED BY THE R-1 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010562282026 NC: 2026:KHC:44144 WP No. 25535 of 2026 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent No.1. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a Writ of Certiorari or in the nature thereof or any other appropriate writ quashing the impugned order in case No.MAG(2)/EXTERNMENT/05/2026 dated 06.08.2026 (ANNEXURE-A) passed by the respondent No.1. b. Pass such an order which is deemed to be fit in the nature and circumstances of the above case, in the interest of justice and equity. 3. A notice having been issued to the petitioner for externment, the petitioner had appeared before the Executive Magistrate when the Executive Magistrate had directed the externment while its order dated 14.05.2026, which was challenged by the petitioner in Crl.R.P.No.84/2026 before the II Additional District and Sessions Judge, Mysuru, who dismissed the said petition on 20.07.2026. However thereafter the respondents have passed one more order on - 3 - HC-KAR CNR: KAHC010562282026 NC: 2026:KHC:44144 WP No. 25535 of 2026 06.08.2026 without issuing any notice to the petitioner when the earlier order dated 14.05.2026 had been confirmed by the Revision Court, there is no requirement for further order to have been passed in terms of Annexure-A. However, since an order has been passed in terms of Annexure-A, before the order was passed, the petitioner ought to have been heard in the matter. There apparently is no notice which has been served on the petitioner post 20.07.2026 and before the passing of the order at Annexure-A on 06.08.2026. 4. In that view of the matter, this Court passes the following: ORDER i) Writ petition is allowed. - 4 - HC-KAR CNR: KAHC010562282026 NC: 2026:KHC:44144 WP No. 25535 of 2026 ii) A certiorari is issued, the impugned order dated 06.08.2026 passed by respondent No.1 at Annexure-A is set aside. iii) The petitioner shall appear before respondent No.1 without requirement of any notice on 27.08.2026 and file his statement of objections and address his arguments on that day. iv) Respondent No.1 is directed to consider the said objections and submissions made by the petitioner and pass necessary orders in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 12